LAST UPDATED JANUARY 1, 2023
We reserve the right to make changes to these Terms at any time, and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.
LIMITED RIGHT TO USE
In exchange for your agreement to these Terms and payment of any applicable fees, US Foods grants you a limited, non-exclusive, personal, revocable right and license to download, access, and use the functionality of our Services. The rights to download and use the Services are licensed to you and are not being sold to you. You have no rights in the Services other than to use them in accordance with these Terms. We reserve the right to terminate your access to our Services at any time and for any or no reason. You may not remove or alter any notices found on our Services, distribute, make derivative works of, reverse engineer, decompile, or disassemble the Services. You may not access the Services for the purpose of building a similar or competitive service, website, or app. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the Services.
You may display and download a single copy of our Services onto a single device. You may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Services, or any content, products or services obtained through them.
ELIGIBILITY TO USE OUR SERVICES
You must be 18 years of age to access or use our Services or to create an account with us. You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U.S. Government, (2) you will not access or use our Services from such a country or region, and (3) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.
Additional Terms for Accountholders. Upon acceptance of your account registration, US Foods will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by US Foods and the password provided to you or that you select for your account. You may not share your account with any other person. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. You must immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but you will remain responsible for any unauthorized use thereafter. You agree not sell, transfer, or assign your account or any account rights. Your account may be terminated if you or anyone else uses it in violation of this Agreement or any US Foods usage policies that may be posted on the Services, which policies are hereby made part of this Agreement. US Foods may deactivate accounts that are inactive and reject any application for a US Foods account for any reason.
USING OUR SERVICES
You may not use the Services in any manner that could disable, overburden, or impair any US Foods server, or interfere with any other person's use and enjoyment of the Services, other computer systems or networks connected to any US Foods server or to the Services, through hacking, password mining or any other means. You agree that you will not use the Services to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. You may use our Services only as permitted by law, including local, state, federal or international laws or regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Access to the Services may be denied or limited by US Foods, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at US Foods' discretion, and US Foods shall have no liability for such occurrences.
You agree that any order to purchase products and/or services from US Foods placed using the Services constitutes a binding offer to purchase which US Foods may accept or reject. US Foods reserves the right to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.
OWNERSHIP, TRADEMARK, AND COPYRIGHT
You agree and acknowledge that US Foods owns all rights, title and interest in the Services, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Services, and the compilation of the content, code, data and materials on the Services, including all intellectual property and proprietary rights. The Services are protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of material on the Services may violate such laws. No links may be established to any part of the Services and no information on the Services may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on the Services (collectively, the "Marks") are registered and unregistered trademarks of, and owned by, US Foods or other owners that have granted US Foods the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the Marks or any of the content of our Services, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of the Marks or other material without the express permission of US Foods or the copyright owner is permitted.
CONTENT YOU SUBMIT
You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, modify, publicly perform, transmit, publish, broadcast, translate, make derivative works of, import and export, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Services, or by means other than the Services, including without limitation via our social media pages and accounts such as Facebook, Twitter, and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you.
You agree to allow us to use your Submissions without any reference or attribution to you. You also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivative works thereof, at our sole discretion. Except where specifically prohibited by applicable law, you hereby waive any moral rights (including attribution and integrity) that you may have in any Submissions, even if a Submission is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Submissions.
You represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any Submission you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the Submission described in these Terms, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the Submission, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by us, and (vi) your Submission, and our use of that Submission as permitted under these Terms, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party.
PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes in good faith that materials hosted by us, including user Submissions, infringe your copyright, please provide the information requested below (including paragraph numbers) in the order requested:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our Services, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- Your physical or electronic signature.
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on our Services should be emailed or mailed, at your choice, to:
US Foods, Inc.
9399 West Higgins Road
It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA, and in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
SERVICE AND CONTENT USE RESTRICTIONS
You agree that you will not: (i) use the Services for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any US Foods intellectual property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to US Foods; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, US Foods, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services; (vii) harvest or otherwise collect or store any information about other users of the Services without the express consent of such users; (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms.
Content Use Restrictions. You also agree that, in using the Services, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the US Foods Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of US Foods or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Services.
AVAILABILITY OF THE SERVICES
While we use commercially reasonable efforts to keep our Services accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. Additionally, many features of the Services require a cellular data connection or internet connection. US Foods is not responsible for any coverage or connectivity issues you may experience, or any charges, data rates, or other fees incurred for cellular service, internet connection, etc.
ACCURACY OF INFORMATION
Although we strive for accuracy in all elements of our Services, there may be errors, inaccuracies or omissions. Please use your best judgment when using our Services. US Foods is not responsible for your interpretation or reliance on any information or content found on the Services, and makes no representations about the accuracy, reliability, completeness, or timeliness of the Services. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or services on our Services at any time without prior notice.
All prices displayed on our Services are quoted in U.S. dollars and are valid in the continental United States only. We reserve the right, without prior notice, to discontinue or change specifications for our products or services at any time.
SWEEPSTAKES, CONTESTS, PROMOTIONS, AND SURVEYS
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. US FOODS AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “US FOODS PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICES OR US FOODS’ PRODUCTS OR SERVICES, EXCEPT AS SET FORTH BELOW.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE US FOODS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE US FOODS PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY US FOODS PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) US FOODS PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY US FOODS PARTIES TO THE EXTENT NOT WAIVABLE OR WHERE SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST US FOODS PARTIES THAT IS NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
LIMITATION OF OUR LIABILITY
BECAUSE SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, THE US FOODS PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Except where specifically prohibited by applicable law, you agree to defend (if requested by US Foods), indemnify, and hold US Foods Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any US Foods Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your Submissions; (ii) your use of the Services and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Service; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and (vi) any misrepresentation made by you. You will cooperate as fully as required by the US Foods Parties in the defense of any claim and losses. Notwithstanding the foregoing, the US Foods Parties retain the exclusive right to settle, compromise, and pay any and all claims and losses, and you agree not to settle any Claims or Losses without the prior written consent of an officer of the impacted US Foods Party.
DISPUTE RESOLUTION TERMS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Choice of Law and Venue
Class Action Waiver
You agree to bring any and all claims against US Foods within one (1) year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
The foregoing dispute resolution provisions shall supersede any inconsistent provisions of any prior agreement between the parties relating to the Services, and shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.
ADDITIONAL TERMS FOR iOS APPS
In addition to the other provisions of these Terms, the following provisions apply with respect to your use of any version of our mobile apps compatible with Apple Inc.’s iOS operating system.
c. You and US Foods acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the websites and apps.
d. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any of our mobile apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be US Foods’ sole responsibility.
e. You and US Foods acknowledge that US Foods, not Apple, is responsible for addressing any of your claims or any third-party claims relating to our mobile apps or your possession and/or use of our mobile apps, including, but not limited to: (i) product liability claims; (ii) any claim that our mobile apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
f. You and US Foods acknowledge that, in the event of any third-party claim that one of our mobile apps infringes that third party’s intellectual property rights, US Foods, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Any questions, complaints or claims with respect to our mobile apps should be directed to us, using the information found below under “How to Contact Us.”
Services Not Intended for International Use. US Foods controls and operates the Services from the U.S.A., and makes no representation that the Services is appropriate or available for use beyond the U.S.A. If you use the Services from other locations, you are doing so on your own initiative, at your own risk, and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content.
Severability. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms.
Investigations; Cooperation with Law Enforcement; Termination; Survival. Except where specifically prohibited by applicable law, US Foods reserves the right, without limitation, to: (i) investigate any suspected breaches of the security of its Services and information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (iv) pursue legal claims against violators of these Terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to the Services, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to US Foods under these Terms. Upon suspension or termination of your access to the Services, or upon notice from US Foods, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to US Foods, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding dispute resolution.
Assignment. US Foods may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of US Foods.
CALIFORNIA CONSUMER RIGHTS AND NOTICES
In accordance with California Business and Professions Code Section 17538 et seq., US Foods’ return and refund policy is available here, the legal name under which US Foods conducts business is US Foods, Inc., and US Foods’ business address is 9399 West Higgins Rd., Suite 100, Rosemont, IL 60018. Within five (5) days of US Foods’ receipt of your request, California residents may receive verification of this information by email by contacting us at LegalNotices.Shared@usfoods.com.
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
HOW TO CONTACT US
US Foods, Inc.
9399 West Higgins Road, Suite 100
Rosemont, IL 60018
All information contained on this site is subject to change at any time without notice.
©2023 US Foods, Inc. All Rights Reserved.