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USE OF THE FOODSERVICE RESTAURANT PARTNERS GROUP LLC (FRPG) WEBSITE IS SUBJECT TO YOUR ADHERENCE TO THE FOLLOWING TERMS: Welcome to FOODSERVICE RESTAURANT PARTNERS GROUP LLC. (FRPG)’s website (“Website”). Please review the following terms and conditions concerning your use of this Website. By accessing, using, or downloading any information and/or materials from this Website, you agree to follow and be bound by the terms and conditions of this Terms of Use. If you do not agree with this Terms of Use, please do not use this Website.
The entire content included in this site, including, but not limited to, text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Foodservice Restaurant Partners Group LLC. The collective work includes works that are licensed to Foodservice Restaurant Partners Group LLC Copyright 2012, Foodservice Restaurant Partners Group LLC. ALL RIGHTS RESERVED. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of this Website, access to this Website or any of the content accessible through this Website. You agree not to copy or post on any networked computer, broadcast in any media, or use, modify, distribute, publish, transmit or create derivative works of any material found on this Website for any public or commercial purposes. You are not permitted to modify any materials from this Website in any way. You agree to expressly identify Foodservice Restaurant Partners Group LLC. as the copyright holder for any material or information that you copy from this Website. This permission terminates automatically without notice if you breach this Terms of Use in any manner or to any extent. Upon termination, you will immediately destroy any downloaded or printed materials.
Except as expressly provided above, nothing contained in this Website will be construed as conferring, by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of Foodservice Restaurant Partners Group LLC . or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Foodservice Restaurant Partners Group LLC. copyright and all contents on the Website are protected by copyright. Any product, process, data, information or technology on this Website may be the subject of other intellectual property rights, all of which are reserved by Foodservice Restaurant Partners Group LLC and its affiliates and are not licensed hereunder.
You acknowledge that information found on parts of this Website that are password protected is intended for use only by authorized individuals. You agree to access only the parts of this Website that you are authorized to access. Any unauthorized access of a part of this Website constitutes a violation of this Terms of Use.
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You agree to not use this Website to violate or solicit the violation of any applicable local, state, national or international law; infringe the rights of any third party, including, but not limited to, intellectual property rights and privacy or publicity rights; or interfere with or disrupt this Website, computer servers or boards accessible through this Website. If you do use this Website to commit any of the above, FOODSERVICE RESTAURANT PARTNERS GROUP LLC. may, at its sole discretion, terminate your ability to use this Website.
Foodservice Restaurant Partners Group LLC reserves the right, exercisable at any time and from time to time, to modify or discontinue, temporarily or permanently, this Website (or any part of it) with or without notice. You agree that Foodservice Restaurant Partners Group LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website. Foodservice Restaurant Partners Group LLC may also make improvements and/or changes in the services described in this Website at any time without notice. However, Foodservice Restaurant Partners Group LLC disclaims any responsibility to update, improve, or change this Website.
Third parties using this Website may provide links or access to other websites and resources. Because Foodservice Restaurant Partners Group LLC has no control over such websites and resources, you acknowledge and agree that Foodservice Restaurant Partners Group LLC is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Foodservice Restaurant Partners Group LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.
Although acceptance of cookies is not required to visit this Website, we do use cookies. Cookies are small text files stored on computer hard drives and are regularly used to analyze individual Website activity. By collecting and remembering information about your visit to a website, cookies allow web applications to recognize and respond to your individual preferences. A cookie file may contain information that this Website uses to respond to you as an individual and to tailor a website experience to your preferences.
Some parts of this Website use cookies. This enables Foodservice Restaurant Partners Group LLC to determine the usefulness of information provided to our users and to analyze the effectiveness of our navigational structure in providing you with that information. In the end, cookies help us provide you with a better website experience. If you prefer not to receive cookies on this Website, you can set your browser to warn you before accepting cookies and you can refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser or delete cookies that have already been stored on your computer. If you have set your browser not to allow cookies, you will still be able to access this Website, provided that doing so may affect your perceived usability of this Website.
Analytics Tools: This website uses Google Analytics, a web analytics service provided by Google, LLC (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Information accessed on this Website is not exhaustive. Foodservice Restaurant Partners Group LLC makes reasonable efforts to include accurate and current information, whenever possible, but makes no warranties or representations as to its accuracy or completeness. THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT (a) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (b) THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (c) FOODSERVICE RESTAURANT PARTNERS GROUP LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (d) FOODSERVICE RESTAURANT PARTNERS GROUP LLC MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; (e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY BY FOODSERVICE RESTAURANT PARTNERS GROUP LLC.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOODSERVICE RESTAURANT PARTNERS GROUP LLC AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOODSERVICE RESTURANT PARTNERS GROUP LLC AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES, DATA OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 6 AND 7 ABOVE MAY NOT APPLY TO YOU.
Foodservice Restaurant Partners Group LLC collections certain information when you register as a member, when you use the website www.frpg1.com, and when you visit the pages of certain third parties. Foodservice Restaurant Partners Group LLC may collect information about you and your use of the website that is both personal and non- personal. For purposes of this Terms of Use, “personal information” is information about you that can be used to personally identify you and that is not otherwise publically available. “Non-personal” information is everything else. When you register as a Member of Foodservice Restaurant Partners Group LLC you will be asked for information such as your company name, physical address, email address and other information related to your business. Foodservice Restaurant Partners Group LLC may also collect information about your transactions with the Company and/or your transactions with its business affiliates, third parties, etc. Foodservice Restaurant Partners Group LLC automatically receives and records information its server logs from your browser, including your IP address, company cookie information (including without limitation cookies, flash cookies and beacons), and the pages you request. Foodservice Restaurant Partners Group LLC may use some or all of your information for the following general purposes:
Foodservice Restaurant Partners Group LLC may share with or sell to affiliates, advertisers, distributors, manufacturers and other third parties your non-personal information for commercial purposes with no compensation to you. Foodservice Restaurant Partners Group LLC may also share with affiliates, advertisers, distributors, manufacturers and other third parties in order for such parties to provide you with more useful information, superior products, or specialized services. However, Foodservice Restaurant Partners Group LLC does not sell, rent or otherwise provide your personal information to any third parties without your permission, other than as specified below: · Foodservice Restaurant Partners Group LLC may share your personal and/or non- personal information in response to subpoenas, court orders, or legal processes, or, when necessary, to establish or exercise Company’s legal rights or defend against legal claims;
Foodservice Restaurant Partners Group LLC may share your personal and/or non- personal information with appropriate authorities when Foodservice Restaurant Partners Group LLC in its sole discretion, believes it is necessary to share such information in order to facilitate an investigation, prevent or take action regarding illegal activities, suspected fraud, or in similar situations involving potential threats to safety of any
person, violations or suspected violations of this Terms of Use related to personal safety, or as otherwise required by law. Foodservice Restaurant Partners Group LLC may set and access cookies on your computer to, among other things, customize the user experience. You may realize certain losses of functionality if you turn your cookies off in your browser or otherwise disable them.
Affiliates, advertisers, distributors, manufactures and other third parties displayed on the Website may also contain cookies or tag your computer with cookies. Foodservice Restaurant Partners Group LLC does not control these third party cookies, and, for your own benefit, you should review the relevant Terms of Use and/or Privacy Terms of such third party websites. Third party ads displayed on the Website may also include tags enabling such third parties to collection information about the user’s interaction with such ads.
You agree to indemnify and hold Foodservice Restaurant Partners Group LLC and its shareholders, subsidiaries, affiliates, officers, managers, agents, co-branders or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party because of, or arising out of, your use of this Website, your violation of this Terms of Use, or your violation of any rights of another person or entity.
Notices to you may be made via either email or regular mail. Foodservice Restaurant Partners Group LLC may also provide notices of changes to this Terms of Use or this Website by displaying notices or links to notices to you generally on this Website.
This Terms of Use and your relationship with Foodservice Restaurant Partners Group LLC shall be governed by the laws of the State of Florida without regard to its choice or conflicts of law provisions. You and Foodservice Restaurant Partners Group LLC submit to personal and exclusive jurisdiction in Florida and further agree that any cause of action relating to this Terms of Use shall be brought in a state or federal court sitting in Pinellas County, Florida.
We may amend this Terms of Use at any time by posting the amended terms on this Website and you are responsible for regularly reviewing the Terms of Use. All amendments shall automatically be effective thirty (30) days after they are initially posted on this Website. Your use of this Website following the effective date of any amendment to the Terms of Use shall constitute your binding acceptance of that amendment.
The Terms of Use constitutes the entire agreement between you and Foodservice Restaurant Partners Group LLC with respect to this Website and supersedes all prior agreements and understandings between you and Foodservice Restaurant Partners Group LLC with respect to this Website. Foodservice Restaurant Partners Group LLC’s failure to enforce any provision of this Terms of Use will not be construed as a waiver of any provision, right, or remedy. In the event that a portion of this Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this Terms of Use shall survive any termination of this Website or this Terms of Use.