PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Foreword

THESE TERMS OF USE (THE "TERMS") DESCRIBE THE BASIS ON WHICH SYSCO FOOD SERVICES OF BARABOO ("SYSCO" or "we") OFFERS ACCESS TO PAGES OF SYSCO’S WEB SITE (currently located at www.baraboosysco.com) (the "Site") TO PERSONS WHO VISIT THE SITE ("you") BY ACCESSING THE SITE AT ANY TIME FOR ANY REASON, YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY EACH OF THE PROVISIONS BELOW. If you do not agree to them, do not use the Site or download any Materials from it.

Materials and License; Third Party Content

The materials (including all content, information, SYSCO’s domain name, the SYSCO logo, any marks appearing on the Site, and configurations, displays, screens appearing on or displayed in connection with the Site) (the "Materials") are provided by SYSCO as a service to its customers and may be used for informational purposes only. The Materials on this Site are copyrighted and/or are protected by trademark and other laws. Any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. SYSCO may make changes to these Materials, or to the products described therein, at any time without notice. SYSCO makes no commitment to update the Materials. The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of SYSCO’s proprietary rights in them.

To the maximum extent legally possible, you agree that you will not directly or indirectly copy, publish, reproduce, distribute, display or transfer any or all of the Materials, whether electronically, mechanically, or otherwise, in any form (including the copying of presentation style, content, or content organization) without the prior written permission from SYSCO; provided, however, that you may download one copy of the Materials found on the Site on a single computer for your internal use only unless specifically licensed to do otherwise by SYSCO. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person; (d) except as specifically provided above, copy, reproduce, modify, publish, upload, post, transmit, or distribute any of the Materials in any way, without SYSCO’s prior written permission. You agree that you will not frame or link in any way to the Site without our express prior approval. You further agree that you will not utilize any aggregation tool or service or other similar tool or service to ascertain data relating to, or activity or behavior of, the Site’s or eSYSCO’s users or customers or of the Site or eSYSCO itself. Except as expressly provided herein, SYSCO and its suppliers do not grant any express or implied right to you under any intellectual property or information rights. SYSCO may terminate this license at any time. Upon termination, you must immediately destroy the Materials.

You acknowledge that a portion of the Materials constitutes content and substantive information, including news articles, industry, or other information, data, text, graphics, messages, communications, photographs, images, illustrations, audio clips, and/or video clips (collectively, the "Content"). You understand that to the extent that SYSCO did not originate or create such Content, the Content provided is not the responsibility of SYSCO, but rather of the person from which such Content originated or which created the Content. ALL CONTENT, WHETHER ORIGINATING WITH OR CREATED BY SYSCO OR OTHERWISE, IS PROVIDED "AS IS" AND WITH ALL FAULTS AND SYSCO SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREOF. Without limiting the foregoing, SYSCO does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. Under no circumstances will SYSCO be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. Certain Content is furnished by various news organizations or news publishers; neither SYSCO nor any such organizations or publishers will be liable for any delays, inaccuracies, errors, or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from. Moreover, SYSCO or another third party may edit, alter, or summarize certain Content provided by others; SYSCO is not liable for the completeness of any Content provided to you, regardless of whether SYSCO has edited, altered, or summarized such Content.

You acknowledge that SYSCO and/or third-party content providers remain the owners of the Materials on this Site, and that you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the Site. In addition, other trademarks appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. Customer agrees to respect, and not in any way to violate, such third party rights. SYSCO’s trademarks may be used publicly only with permission from SYSCO. Fair use of SYSCO’s trademarks in advertising and promotion of SYSCO products requires proper acknowledgement.

Termination

SYSCO may terminate these Terms as to your use at any time with or without cause, and may refuse to provide you or any other customer with access to the Site at any time, at its sole discretion. Any such termination shall end the license described above. However, in the case of any termination, you agree to continue to abide by these Terms, which shall remain in full force and effect after such termination, except that your right to use the Site shall be terminated.

Exculpation; Limitation of Liability

YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THE SITE OR SYSCO CORPORATION’S ELECTRONIC COMMERCE WEB SITE (currently located at www.baraboosysco.com) ("eSYSCO") (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS) IS ACCURATE OR COMPLETE. ACCORDINGLY, YOU ACKNOWLEDGE FURTHER THAT YOU DO NOT OR WILL NOT RELY ON ANY INFORMATION CONTAINED ON THE SITE OR eSYSCO (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS). ALL INFORMATION CONTAINED ON THE SITE AND eSYSCO IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE MATERIALS PROVIDED THEREON (REGARDLESS OF WHETHER SUCH MATERIALS ARE CREATED BY SYSCO OR A THIRD PARTY CONTENT PROVIDER) AND eSYSCO AND THE PRODUCTS AND SERVICES PROVIDED THEREON ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND OR RESPONSIBILITY EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR: (a) TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE; (b) INFORMATION, INFORMATIONAL CONTENT, OR COMPLETENESS OR INFORMATIONAL ACCURACY, WHETHER RELATING TO THE PRODUCTS ON THE SITE, eSYSCO OR OTHERWISE; (c) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE SITE OR eSYSCO; (d) UNINTERRUPTED ACCESS; OR (e) ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR eSYSCO OR ANY INFORMATION RELATING THERETO. NEITHER SYSCO NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR eSYSCO, ACTUAL OR INTENDED TRANSACTIONS ENTERED INTO OR INTENDED TO BE ENTERED INTO ON OR THROUGH eSYSCO, THE PURCHASE ON OR THROUGH eSYSCO OR SUBSEQUENT USE OF ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH eSYSCO, OR OUT OF ANY BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE, EVEN IF SYSCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISION CONTAINED HEREIN, YOU AGREE THAT IN NO EVENT SHALL SYSCO OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, ASSOCIATES, AGENTS, OR AFFILIATES BE LIABLE, AND YOU EXCULPATE AND RELEASE SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT YOU MAY SUFFER (OR ANY OTHER PERSON CLAIMING BY OR THROUGH YOU) BY REASON OF, ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE, BY REASON OF THE PURCHASE OF ANY PRODUCT OR SERVICE ON OR THROUGH eSYSCO AND ANY INFORMATION (OR LACK OF INFORMATION NOT) APPEARING ON OR THROUGH THE SITE AND/OR THE USE OF ANY PRODUCT PURCHASED ON OR THROUGH eSYSCO, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY, OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM SYSCO'S (INCLUDING ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, ASSOCIATES, AGENTS, OR AFFILIATES) NEGLIGENCE.

Submission of Information; No Improper Use; Indemnity

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). SYSCO will have no obligations with respect to the Communications. SYSCO and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree that you will not, directly or indirectly, through the use of a machine or otherwise, introduce any information on or through the Site or the servers supporting the Site that (a) is false, misleading, fraudulent, fictitious, counterfeit or stolen; (b) violates any law, statute, ordinance, or regulation, whether international, federal, state or local; or (c) is or contains any viruses, trojan horses, worms, time bombs, cancelbots, sniffers, backdoors, false postings or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, disable, alter or expropriate any system, data, personal information, or facilities or functions of our Site (including, without limitation, e-mail and other communication services). In addition, you indemnify SYSCO and its officers, directors, owners, independent contractors, associates, agents, and affiliates for and from any loss, liability, judgment, settlement, fine, tax, encumbrance, penalty, claim, suit, cost or expense (including, without limitation, attorney’s fees and costs of court) incurred or sustained by reason of, in any way relating to, or arising out of your use of the Site and your violation of these Terms.

Links to Other Sites

SYSCO has provided links to certain non-SYSCO sites for your convenience. Some of these sites may have certain marks of or other references to SYSCO. However, please be aware that the information, products or services available on these sites is being provided by third parties over which SYSCO has no control. SYSCO provides no guaranty or warranty as to any of such information, products or services. If you decide to visit any such sites, you do so at your own risk and responsibility. Links or the appearance of any marks or references to SYSCO do not imply any sponsorship or endorsement of the third party or any information, products or services appearing on such site. SYSCO reserves the right to terminate any link or linking program at any time.

Site Location; Applicable Law; Jurisdiction

This Site is controlled by SYSCO from within the United States of America. SYSCO makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. ANY CLAIM RELATING TO THE MATERIALS OR THIS SITE SHALL BE (A) GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF WISCONSIN, AND NOT BY THE APPLICATION OF CHOICE OF LAWS THE LAWS OF ANY OTHER JURISDICTION AND (B) TO THE MAXIMUM EXTENT PROVIDED BY LAW, BE BROUGHT SOLELY IN THE STATE COURTS OF SAUK COUNTY, WISCONSIN.

Revisions

SYSCO may revise these Terms at any time by posting updates. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.