Terms & Conditions

Your Agreement to WHITSONS® Terms & Conditions

This website (“Site”) is owned and operated by Whitson’s Food Service Corp. and its affiliated companies collectively doing business as Whitsons Culinary Group® (“Whitsons”). By registering on or using this Site, you agree to these Terms of Use and the Whitsons Privacy Policy. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site.

Whitsons may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

Eligibility

By registering to use the Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms of Use and to use the Site in accordance with these Terms of Use.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with or to contact us through this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Content Posted By You

Content posted by you includes, but is not limited to, posting on Whitsons’ bulletin boards, contact pages, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content. You may only post content to these sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms of Use. By posting or distributing content to these sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

By submitting or posting content to these sites, you grant Whitsons, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide royalty-free right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to these sites, Whitsons does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Whitsons owns all right, title, and interest in any compilation, collective work or other derivative work created by Whitsons using or incorporating content posted to these sites. For more information please review Whitsons’ Privacy Policy.

You should carefully choose the information you post on these sites. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these sites and the consequences of posting anything on these sites.

Content Posted By Other Users

Whitsons is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall Whitsons be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact Whitsons.

If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any diet, nutritional or exercise advice posted on the Site.

Activities Prohibited on the Site

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Whitsons reserves the right to investigate and take appropriate legal action against anyone who, in Whitsons’ sole discretion, engages in any of the prohibited activities. Prohibited activities include but are not limited to the following:

  • Using the Site for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Whitsons in its sole discretion or pursuant to local community standards. Whitsons takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming";
  • Harassing, threatening, stalking, or abusing any person; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Whitsons, exposes Whitsons or any of its customers or suppliers to any liability or detriment of any type.

 

Whitsons reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue or content posted on any pages of the Site;
  • Investigate an allegation that anything posted on the Site does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
  • Terminate a user's access to the Site upon any breach of these Terms of Use;
  • Monitor, edit, or disclose any posting on the site; and
  • Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.

Copyright and Trademark Information

All content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by Whitsons, with all rights reserved, or is the property of Whitsons and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Site for the sole purpose of using this Site as a shopping or informational resource. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Whitsons is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the content contained therein without prior written permission of an authorized officer of Whitsons. WHITSONS®, WHITSONS CULINARY GROUP® are registered trademarks of Whitsons. Whitsons’ trademarks may not be used in connection with any product or service that is not provided by Whitsons, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whitsons or any of its affiliates.  All other trademarks displayed on the Site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Whitsons and these companies.

This Site may contain links to sites owned or operated by parties other than Whitsons. Such links are provided for your reference only. Whitsons does not control outside sites and is not responsible for their content or operation.  The inclusion of links to an outside site does not imply any endorsement of the material on the outside site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of such links imply that Whitsons is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

You are prohibited from linking any other web site or other electronic medium to this site or any other site owned or operated by Whitsons without our express written permission.

Copyright Protection

It is Whitsons’ intent and desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with the Digital Millennium Copyright Act of 1998, if you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Whitsons (as set forth below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to: Whitsons Culinary Group, 1800 Motor Parkway, Islandia, NY 11749, Attention: Legal Department; or by e-mail to legal@whitsons.com.

Geographic Restrictions

The owner of the Site is based in the State of New York in the United States of America. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and/or your use of the Site resides in the courts located in the State of New York, County of Suffolk, and you further expressly agree to submit to the personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.

Warranties; Disclaimer

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Whitsons, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Whitsons. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Site and the content are provided on an "AS IS" basis. Whitsons makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Whitsons cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Whitsons cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Whitsons cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Whitsons does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the Site will be corrected. TO THE FULLEST EXTENT PERMITTED BY LAW, WHITSONS, ITS LICENSORS, CONTENT PROVIDERS AND VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES WHICH MAY BE IMPLIED FROM COURSE OF CONDUCT OR COURSE OF DEALING.

ALL PRICES, SERVICES AND PRODUCTS SHOWN ON THIS SITE, IF ANY, ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.

Limitation of Liability; Time to File Claims

WHITSONS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH WHITSONS OR ITS AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE. WHITSONS AND ITS LICENSORS, VENDORS OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WHITSONS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WHITSONS' AND ITS LICENSORS, VENDORS' OR CONTENT PROVIDERS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold Whitsons and its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Termination

Whitsons has the right to terminate your account and access to the site for any reason, including, without limitation, if Whitsons, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use (either directly or through breach of any other terms and conditions or operating rules applicable to you). Whitsons may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.

Notice

Whitsons may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record with us if you have registered on this Site. You may give notice to Whitsons at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Whitsons Culinary Group., 1800 Motor Parkway, Islandia, NY 11749, Attn: President.

Waiver and Severability

No waiver by Whitsons of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Whitsons to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Whitsons regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.