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1. GENERALLY.
These Terms and Conditions are entered into by you and Performance Food Group, Inc., which includes its affiliates and subsidiaries (the “Company”). Your use of this website (the “Site”) and access to and use of the Content (defined below) is subject to these Terms and Conditions and any additional use policies and conditions that the Company may adopt, including our Privacy Policy. By using the Site, you: (i) accept and agree to our Privacy Policy, which is incorporated herein; and (2) agree to be bound and abide by these Terms and Conditions. If you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use this Site.

The Company may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effective immediately when the Company posts them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

PLEASE NOTE THAT SECTION 17 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. PLEASE REVIEW THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

2. RESTRICTIONS AND LIMITATIONS.
The Site and all information and content made available through the Site, including, but not limited to, information, text, artwork, graphics, trademarks, logotypes, data and data compilations (collectively, the “Content”), is the property of the Company, its licensors or other providers of such materials. United States and international trademark, copyright and other intellectual property right laws protect the Content.

Viewing and printing Content made available through the Site for your personal, non-commercial use or in connection with legitimate business purposes relating to your role as a supplier, distributor, or customer of the Company is permitted provided such copies are not used for further reproduction, publication, or distribution. Additionally, your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing the Content and you may store files that are automatically cached by your Web browser for display enhancement purposes. Except as provided in this Section 2, no license to any Content is granted to you and all other use, copying, reproduction, distribution, adaptation, modification or communication of Content made available through the Site is prohibited. Linking to or framing of the Site or any Content made available through the Site is also prohibited. You must not, and agree not to:

  • Modify copies of any Content.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will stop immediately and you must, at the Company’s option, return or destroy any copies of the Content you have made. Except for the limited license granted in this Section 2, no right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

The Company, the trademarks used on the Site, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

3. ACCESSING THE SITE.
The Company reserves the right to withdraw or amend this Site, and any service or material the Company provides on the Site, in the Company’s sole discretion without notice. The Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, the Company may restrict user access to some parts of the Site or the entire Site.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site; and
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

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 this Site or otherwise, including, but not limited to, through the use of the Site, is governed by our Privacy Policy (linked above), 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 username, 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 username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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 username, 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 and Conditions.

4. PROHIBITED USES.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see Section 7 below) set out in these Terms and Conditions;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and/or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without the Company’s prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • Otherwise attempt to interfere with the proper working of the Site.

5. USER CONTRIBUTIONS.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms and Conditions.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant the Company and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and our service providers, and each of their and our respective licensees, successors, and assigns;

All of your User Contributions do and will comply with these Terms and Conditions;

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and

The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site; and

The Company’s Copyright Policy is attached hereto as Exhibit A (and incorporated herein) and governs claims of Copyright Infringement.

6. MONITORING AND ENFORCEMENT; TERMINATION.
The Company has the right to:

  • Remove or refuse to post any User Contributions for any or no reason in the Company’s sole discretion;
  • Take any action with respect to any User Contribution that the Company deems necessary or appropriate in its sole discretion, including if the Company believes that such User Contribution violates these Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company, its affiliates or service providers;
  • Disclose your identity or other information about you to any third party who claims that material posted or provided by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND AGREE TO HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AND SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, the Company does not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectional material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. CONTENT STANDARDS.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User

Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and the Company’s Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and
  • Give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please see our Copyright Policy, attached as Exhibit A to these Terms and Conditions, for instructions on sending the Company a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

8. RELIANCE ON INFORMATION POSTED.
The information presented on or through the Site is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

9. LINKS.
As a convenience, the Company may provide links to websites operated by other entities. If you access these websites, you will leave the Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company makes no warranty or representation regarding, and does not endorse, any linked websites, the information appearing on those websites or any of the products or services described on those websites.

Links do not imply that the Company sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in, or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Company. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. DISCLAIMER OF WARRANTIES.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Company’s Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH the Company MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, the Company HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL HAVE NO LIABILITY, UNDER ANY LEGAL THEORY, FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO THE CONTENT, OR ACCESS TO OR USE OF THE SITE OR ANY WEBSITES LINKED TO THE SITE, OR INABILITY TO ACCESS OR USE THE SITE OR ANY WEBSITES LINKED TO THE SITE. IN NO EVENT WILL THE COMPANY’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF the Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY’S LIABILITY FOR ANY DIRECT DAMAGES EXCEED $100.

12. YOUR INDEMNIFICATION OF THE COMPANY.
You will indemnify, defend and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective employees, officers, directors, agents, contractors, licensors, suppliers, successors and assigns, from and against all loss, cost, damage and expense (including reasonable attorney’s fees and cost of suit) arising out of or related to: (i) claims of negligence, strict liability, product liability, breach of warranty or otherwise with respect to Content or the Site that are brought by you, your successors or assigns, or any third party; (ii) your use of the Content or the Site; and (iii) your User Contributions.

13. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE.
All information the Company collects on this Site is subject to its Privacy Policy, which is linked in the first paragraph at the beginning of these Terms and Conditions. By using the Site, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

14. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS.
To the extent applicable, all purchases through this Site or other transactions for the sale of goods or services carried out through the Site, or resulting from visits made by you, are governed by our Shipping Policy, which are hereby incorporated into these Terms and Conditions.

15. GEOGRAPHIC RESTRICTIONS.
The Company is based in the United States. The Company makes 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.

16. GOVERNING LAW AND JURISDICTION.
All matters relating to the Site and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding the United Nations Convention of the International Sale of Goods.

17.  MUTUAL ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
(a) Arbitration of Disputes – Please Read.

  • YOU AND COMPANY MUTUALLY AGREE TO RESOLVE ANY AND ALL DISPUTES BETWEEN THE PARTIES, OR BETWEEN OR AMONG YOU AND ANY OF COMPANY EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS, EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION INSTEAD OF A COURT OR JURY TRIAL. This Mutual Arbitration Provision, and all arbitrations held under the agreement, is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and shall apply to any and all claims arising out of or relating to any disputes between the parties, including these terms or your use of the Site (including without limitation the scope, enforceability, validity, or conscionability of this Mutual Arbitration Provision) whether arising under federal, state, or local statutory and/or common law.
     
  • Notice of Disputes. If either party initiates arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand against the Company for arbitration by you must be delivered to the address for the Company’s agent for service of process. 

(b) Delegation Clause. Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision, including without limitation any disputes regarding the arbitrability of any dispute and any claim that all or any part of this Mutual Arbitration Provision is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver (described below), including, but not limited to, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, illegal, void, or voidable. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS MUTUAL ARBITRATION PROVISION. 

(c) Arbitration Procedures. The arbitration will be governed by the Rules of the American Arbitration Association (“AAA Rules”) in effect at the time the demand for arbitration is filed. The AAA Rules are available online at www.adr.org or by calling the American Arbitration Association at 1-800-778-7879. Unless you and we agree otherwise, or unless required by law, any arbitration hearings will take place in Richmond Virginia. 

(d) Class Action Waiver – PLEASE READ. YOU AGREE THAT YOU WAIVE YOUR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT OR HEARD AGAINST THE COMPANY AS A CLASS ACTION OR COLLECTIVE ACTION (“CLASS ACTION WAIVER”). In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Company may lawfully seek enforcement of this provision and seek dismissal of such class or collective actions or claims. 

18.    (E) SEVERABILITY. IF ANY PART OR PROVISION OF THIS ARBITRATION AGREEMENT IS DETERMINED TO BE UNENFORCEABLE, THAT PART OR PROVISION WILL BE SEVERED AND THE REST OF THE AGREEMENT ENFORCED. YOUR COMMENTS AND CONCERNS.

This website is operated by the Company, 12500 West Creek Parkway, Richmond VA 23238.

All notices of copyright infringement claims should be sent to DMCANotices@pfgc.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: content@pfgc.com.