Terms of Use

WEBSITE TERMS OF USE

This website is owned and operated by Dutch Valley Food Distributors, Inc. and its affiliates (referred to herein as "DVFD," "we," "us," or "our"). Please read these terms and conditions of use ("Terms") carefully before using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. By using the DVFD Website (as defined below), you are agreeing to be bound by these Terms. If you do not accept these Terms, do not use this Website.

TERMS SUBJECT TO CHANGE

DVFD reserves the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of these web pages. Such changes are effective immediately upon posting on this Website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. DVFD reserves the right to revoke any or all access and use authorizations granted to you in regards to this Website.

SERVICES

The information contained on this website, including all web page documents, images, audio and video files, all data and all content (the "Site" or "Website") is provided for your use conditional upon your acceptance without modification of the Terms. DVFD provides you with access to a variety of resources, including but not limited to product and service information (collectively "Services").

USE LIMITATION

You may download material from the Website only for your own personal, non-commercial use. While we encourage you to download and print information to help you understand our Services, unless otherwise specified, no material on this Website, including but not limited to the content of the Website, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, commercially or otherwise exploited, used to create works from, or used in any other way, except with prior written permission of DVFD and with express attribution to DVFD. You may not alter or attempt to alter any material on the Website, or the Website itself. You also may not, without our permission, "mirror" any material contained on this Website or any other server. You may not create a link to the Website without first obtaining our written permission. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 18 years of age and that if you are younger than 18 you will not use this Website.

NO UNLAWFUL OR PROHIBITED USE

Please feel free to browse the Website; however, your access and use of the Website is subject to these Terms and all applicable laws. You may not use the Website in any manner that could disable, overburden, or impair any DVFD server, or interfere with any other person's use and enjoyment of the Website, other accounts, computer systems or networks connected to any DVFD server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Your rights to use this Website may be further limited by international law, federal law or the laws or regulations in your particular country, state or locality. DVFD may, in its sole discretion, and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of the Website, although DVFD is under no obligation to do so.

OWNERSHIP, TRADEMARK AND COPYRIGHT

You agree and acknowledge that DVFD is the owner or licensee of all rights in this Website and the materials that appear on the Website and that you will not challenge those rights or do anything that might impair or damage those rights. This Website is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Website may violate such laws.

The trademarks, logos and service marks used and displayed on this Website (the “Trademark(s)”), are registered and unregistered trademarks owned or licensed by DVFD. Under no circumstances may you use any of the Trademarks displayed on this Website, or any other content on the Website, except as provided in these Terms. Any other use is strictly prohibited and DVFD will take all necessary action to enforce its rights. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.

You should assume that everything you see or read on, or download from, this Website is copyrighted by DVFD or is licensed by DVFD, and may not be used except as provided in these Terms. If you make any permitted copies of the Website, or portions of the Website, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of DVFD, which it vigorously protects.

DVFD respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Website, please provide DVFD with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Website; and 3) your contact information – name, address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This notice should be signed and provided to DVFD's designated copyright agent as set forth below:

Dutch Valley Food Distributors, Inc.
ATTN: Tracey Schroder
PO Box 465
7615 Lancaster Ave
Myerstown, PA 17067
[email protected]

DURATION OF THIS AGREEMENT

The Terms constitute an agreement with you ("Agreement") and will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Website, and by ceasing to use the Website in any way. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Website.

INFORMATION PROVIDED BY YOU

We do not want you to, and you agree through the use of this Website, that you will not send any confidential or proprietary information belonging to you, or any other entity, to us unless specifically requested by us. Any material information or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by DVFD or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services.

Any contact or communication which you may make with us or our employees via this Website must be for DVFD business-related purposes and all such communications are property of DVFD, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and DVFD will not be liable for any such unauthorized disclosure.

THIRD PARTY CONTENT AND LINKED WEBSITES

This Website may contain links to other sites created and maintained by other organizations, which may or may not be related to DVFD. These links are provided for your convenience and are for reference only and you agree that the links do not imply that DVFD is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of DVFD. DVFD makes no representation about any other site that you may access through its Website and is not responsible for the contents of any other site. DVFD does not endorse any products or services offered by any company or person linked to its Website. You may not create a link to the Website without first obtaining our written permission.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

Your use and browsing of this Website is at your sole risk. If you are dissatisfied with the Website or any of the materials on the Website, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Website.

THIS WEBSITE AND THE INFORMATION CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, DVFD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. DVFD (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DVFD (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS WEBSITE, OR MATERIALS OR INFORMATION OBTAINED FROM WEBSITES LINKED TO THIS WEBSITE, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL DVFD (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

INTERNATIONAL USERS

Materials published at this Website may refer to products, programs or services that are not available in your country. DVFD makes no representation that the contents of the Website are appropriate or available for use at locations outside of the United States, and access to the Website is prohibited from locations where some or all of the content is illegal. If you choose to access this Website from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use the Website or export any contents of the Website in violation of U.S. export laws and regulations. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.

JURISDICTION AND GOVERNING LAW

DVFD operates and controls this Website (excluding linked sites) from its offices within the Commonwealth of Pennsylvania. You agree that the statutes and laws of the Commonwealth of Pennsylvania will apply to all matters regarding the use of this Website. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Lebanon County, Pennsylvania with respect to such matters. DVFD makes no representation that the Website or the materials displayed on the Website are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Website from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

WAIVER

Any failure by DVFD to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and DVFD relating to your use of the Website.