Sigma Foodservice - | Terms of Use

Your Agreement

This website, including all content, (the “Site”) is owned and operated by Bar-S Foods Co., A Sigma Company (“Sigma”). All material, information, software, files, links, graphics, data, products, or services (collectively, “Content”) on the Site are owned or licensed by Sigma. By accessing or using this Site, you signify that you have read and agree to these terms, conditions, and notices (collectively, the “Terms”) and to our Privacy Policy. If you do not agree to these Terms, you may not use this Site.

Your Use of the Site

Unless otherwise specified, the Site is provided for informational purposes only and for your personal and noncommercial use. You may not modify, copy, distribute, re-transmit, re-display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Site without the prior written permission of Sigma. You may display and electronically copy, download, and print hardcopy portions of the Content contained on the Site for your own noncommercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notices. Any other use of Content on the Site is prohibited.

Any Content you download is owned by Sigma or its licensors. When you download these materials, they are provided to you by Sigma under a non-exclusive license that is revocable. Sigma retains full and complete title to the content and software, along with all of the associated intellectual property rights. You may not reverse engineer, disassemble, or otherwise convert the Content to any other form usable by humans.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to any liability or violate any law. You may not upload commercial content onto the Site.

Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, graphics, or other information that you communicate (“Materials”) to Sigma through this Site will become the property of Sigma (and you hereby irrevocably assign such to Sigma), even if this agreement has terminated. Sigma and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the Materials.

Disclaimer

Sigma makes no warranties or representations about the accuracy or completeness of this Site’s Content. The Site and the Content are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sigma disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Sigma does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Sigma does not make any warranties or representations regarding the use of the Content in the Site regarding their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. In addition to the above, you (and not Sigma) assume the entire cost of all necessary servicing, repair, or correction caused to you or your computer by this Site. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision, term, or portion of these Terms is determined to be invalid or otherwise unenforceable or illegal, the Terms shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not included.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

In no event shall Sigma be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if Sigma has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use or inability to use the Site, or the performance of the information, services, products, and materials available from the Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Sigma and its affiliates, subsidiaries, and parent companies, along with their respective officers, directors, employees, agents, licensors, and suppliers from and against all actual or alleged losses, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your use of this Site (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your computer or internet account, if applicable.

Links to Other Sites

This Site may provide access to other internet websites. Sigma may not control these websites, and you access them solely at your own risk. Sigma also does not endorse or approve any products or information offered at websites you reach through this Site. Check the Uniform Resource Locator (URL) address provided in your internet browser to determine if you are still in this Site or have moved to another website.

Cautionary Language Regarding Forward-Looking Statements

This Site contains “forward-looking statements” as defined by the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events. If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from Sigma’s expectations and projections in these statements.

Jurisdiction and Dispute Resolution

Sigma controls and operates this Site from the company’s headquarters in Phoenix, Arizona, in the United States of America. We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. All disputes and disagreements about the Site shall be resolved by arbitration in Phoenix, Arizona in accordance with the rules of the American Arbitration Association, applying the laws of the State of Arizona without regard to conflict of laws principles. Any such disputes shall be resolved individually, without resort to any form of class action. By using the Site, you agree that such procedures shall be the exclusive method for the resolution of disputes related to the Site. Notwithstanding the foregoing, either party may exercise self-help remedies or obtain injunctive, provisional, or ancillary remedies from any court of competent jurisdiction over the parties. Either party may exercise or obtain these remedies at any time, even while the arbitration is pending. By exercising or obtaining any such remedies, neither party waives the right to enforce resolution of disputes or controversies by arbitration. Any and all judgments or awards from any arbitration shall be limited to actual out-of-pocket costs incurred but in no event shall either party be eligible for any award of attorneys’ fees, either in court or in arbitration. The prevailing party to any arbitration may apply to enter judgment upon the arbitrator’s award in any court having jurisdiction over the parties. The parties expressly agree to submit to the non-exclusive jurisdiction of the courts in and around Maricopa County, Arizona for such purposes.

Modification of the Site and these Terms

By providing material on this Site, Sigma does not promise that the materials will remain available to you. Sigma is entitled to terminate all or any portion of this Site at any time, without notice to you. Sigma also reserves the right to change the Terms for this Site at any time by updating this posting. Your use of the Site following any such changes shall constitute your consent to such modified Terms. You agree to review these Terms regularly to verify for changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or other terms or language located on particular pages at this Site.

Termination of Access to this Site

You agree that Sigma may, in its sole discretion and without liability to you, terminate or suspend access to this Site at any time and without notice to you if, in Sigma’s sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Content or any copies thereof.

Miscellaneous

If any provision of this agreement is unlawful, void, or unenforceable; the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Sigma regarding all aspects of your use of this Site.

TERMS OF USE