Terms & Conditions

Welcome to PACE! We hope you enjoy your visit. Please read the following Terms of Use carefully. They govern your use of this web site and its content. In order to use the PACE site, you must agree to these Terms of Use.

Thank you!

TERMS OF USE

1.      Agreement. US Foods, Inc. ("US Foods") welcomes you to the PACE web site ("Site"). Please read these Terms of Use ("Terms") carefully before using the Site. Accessing, browsing or using the Site is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. By using the Site you are agreeing to be bound by these Terms (this "Agreement"). If you do not accept these Terms, do not use the Site. US Foods 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 the Site, 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. US Foods reserves the right to revoke any or all access and use authorizations granted to you in regards to the Site.

2.      Member Account, Password and Security. Use of this Site requires you to complete the Site registration process, and you present and warrant that you and anyone to whom you give access are at least 18 years of age. 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 are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify US Foods immediately of any unauthorized use of your account or any other breach of security of which you become aware. US Foods will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by US Foods or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree that the use of your PACE user ID and password shall constitute your electronic signature and be considered the equivalent of your manual written signature. All telephone, Internet access and other charges incurred connecting to the Site are your responsibility. You agree to defend, indemnify and hold harmless US Foods, its affiliated companies and their officers, directors, employees, contractors and assigns from any liabilities, claims, loss, cost or expense, including attorney fees, arising from any improper or illegal use of your account, including illegal or improper use by someone to whom you have given permission to use your account.

3.      No Unlawful or Prohibited Uses. Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site 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 Site, other accounts, computer systems or networks connected to any US Foods server or to the Site, 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 Site. You agree not to use or access the Site using any user name and password other than your user name and password, and you will not (a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any company or other person or entity, (b) access any information on the Site including, without limitation, text, graphics or other content on the Site other than information regarding your company’s obligations as a provider of goods and/or services to US Foods or a Customer of US Foods, (c) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, or of any computer software or hardware or telecommunications equipment, and (d) intentionally or unintentionally violate any applicable local, state, national or international law. Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality. US Foods may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site. Users experiencing access problems may contact the US Foods Support Center at 1-888-648-2580.

4.      Duration of this Agreement. This Agreement will continue to be effective until you or we terminate it as described below. All obligations hereunder which apply subsequent to a termination of the Agreement shall survive such termination. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site 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 Site. You understand and agree that your cancellation of your account is your sole right and remedy, unless otherwise agreed by US Foods in writing, with respect to any dispute with US Foods, including but not limited to, any dispute related to, or arising out of: (a) any term of this Agreement or US Foods' enforcement or application of this Agreement; (b) any policy or practice of US Foods, or US Foods' enforcement or application of these policies; (c) the content, information, goods, services, software and/or equipment provided by or made available through US Foods or any change thereof; (d) your ability or inability to access and/or use the Site; or (e) the amount or type of fees, charges, applicable taxes, billing methods, or any change thereof.

5.      Ownership, Trademark and Copyright. You agree and acknowledge that US Foods is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on this Site (the “Marks”), are registered and unregistered trademarks of, and owned by, US Foods. Under no circumstances may you use any of the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms. Any other use is strictly prohibited and US Foods will take all necessary action to enforce its rights. US Foods owns and/or has registered the following trademarks and service marks: Bluewater, Esplendido, Farmer's Basket, Glenview Farms, Home Taste, House Creations, Luzzatti, Monogram, Temptables and Thirster. This list is not exhaustive, and US Foods may own other marks that are not included here. Other product and company names mentioned on the Site may be the trademarks or service marks of third parties and, if so, US Foods makes no claim with respect thereto. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks without the written permission of the trademark owner. You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms. If you modify or use the Marks for any other purpose than as discussed herein you will be violating the intellectual property rights of US Foods, which it vigorously protects.

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

7.      Use of Information.
Submissions. With the exception of your proprietary information, any information, including but not limited to address and other contact information, remarks, suggestions, ideas, graphics or other submissions, communicated to US Foods through the Site or otherwise shall become the exclusive property of US Foods when received by US Foods, which shall own all present and future rights therein, and may use any information submitted for any legal purpose without restriction or compensation to the person providing such information. US Foods will not be required to treat any such information or materials as confidential.

Information Collected and Use. It is US Foods' policy not to disclose or sell personal information about its customers (such as name, address or e-mail address) to third parties; however, US Foods may disclose aggregate information regarding its customers, including without limitation, information regarding their usage of the Site, to third parties. Further, US Foods may disclose personal information regarding its customers if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on US Foods or the Site; (b) protect or defend the rights or property of US Foods, the Site, or the users of the Site, and/or (c) act under exigent circumstances to protect the personal safety of users of the Site or the public. By using the Site, you consent to the collection and use of your information as stated above.

Security. US Foods will take commercially reasonable steps to protect and secure customer-specific information sent via the Site from loss, misuse, and alteration. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Given the nature of the Internet and electronic commerce, US Foods makes no warranty that such information shall be completely secure.

8.      Promotions. US Foods may make information regarding specific programs, offers, contests or promotions which US Foods is conducting (the “Programs”) available on the Site. Any Program is also subject to the specific terms, conditions and restrictions listed on the Site in connection with the program. US Foods reserves the right to alter or withdraw any Program at any time without notice. Each Program is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Site in connection with each Program. As part of such Program, US Foods may make available certain software, equipment and/or services, and/or Internet access services, either directly or through third parties. You agree that US Foods shall have no responsibility or liability for any such software, equipment or services, including without limitation, any obligation to upgrade, replace or enhance same, and that any warranties applicable thereto may be made by the respective vendor or manufacturer thereof, and not by US Foods.

9.      Disclaimer of Warranties and Limitations of Liability. Your use and browsing of this Site is solely at your own risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
THIS SITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, US Foods DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). US Foods (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. US Foods (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 THE SITE, 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 THE SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, 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 CIRCUMSTANCE SHALL US Foods, ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THE AFOREMENTIONED ENTITIESí DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF US Foods HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. YOU MAY BRING NO CLAIM AGAINST US Foods MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF US Foods IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW THEREUNDER.

10. International Users. Materials published at this Site may refer to products, programs or services that are not available in your country. US Foods makes no representation that the contents of the Site are appropriate or available for use at locations outside of the United States, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations you do so at your own initiative and you are responsible for compliance with applicable local laws. You may not use the Site or export any contents of the Site in violation of U.S. export laws and regulations. By using this Site 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.

11. Jurisdiction and Governing Law. You agree that any claim relating to the Site content shall be governed by the internal substantive laws of the State of Illinois without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction, including personal jurisdiction, and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Site and this Agreement.

12. Waiver. Any failure by US Foods 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 US Foods relating to your use of the Site.

13. Confidentiality. You shall not disclose to a third party any US Foods Information without US Foods’ prior written consent, except as necessary to perform your contractual obligations to US Foods or unless required by law or other governmental or regulatory order. In such event, you will notify US Foods of the same with sufficient time for US Foods to challenge the validity of the order. You may use the US Foods Information and this Site only in strict accordance with the terms of this Agreement. You agree that the US Foods Information is valuable and proprietary information of US Foods and disclosure of the same to you does not confer any rights over those expressly stated in this Agreement. You agree to inform your employees, consultants and other agents performing services that require the use of US Foods Information or this Site of the confidentiality obligations stated herein and further agree that any of your employees, consultants or other agents who may, for any reason, have access to the US Foods Information and/or the Site will agree to the terms of this Agreement. Upon completion of services that require use of the US Foods Information and/or access to the Site, you shall return to US Foods (or, at US Foods’ option destroy) all copies of US Foods Information and all notes or memoranda or other stored information prepared by you, your company or your company’s employees, consultants or agents and certify the same to US Foods. You agree that upon any violation by you, your company or any employees, consultants or agents of your company of the terms of this Agreement, US Foods shall be entitled to seek an injunction or other equitable relief, in addition to any other remedies that may be available to US Foods. US Foods shall not be required to post a bond or other security in connection with any such request for injunctive or other equitable relief.

14. Indemnity. By accessing and using the Site, you agree to indemnify and hold US Foods, its affiliates, and their directors, officers, employees and agents, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of anything you submit or transmit through the Site, your use of the Site, your connection to the Site or your violation of the Terms of Use or any federal, state or local laws or regulations.

15. Entire Agreement. This Agreement constitutes the entire agreement between you and US Foods with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and US Foods with respect to the Site, except for any written purchase agreement or credit agreement with US Foods, in which case this Agreement shall supplement such agreements and the purchase agreement or credit agreement shall govern in the event of any inconsistency. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that no joint venture, partnership, employment, or agency relationship exists between you and US Foods as a result of this Agreement or use of the Site. US Foods' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of US Foods' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by US Foods with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any rights not expressly granted herein are reserved by US Foods.