Terms of Use

Welcome!   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 Stock Yards' website you are agreeing to be bound by these Terms.   If you do not accept these Terms, do not use this website.

 

Stock Yards 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.   Stock Yards reserves the right to revoke any or all access and use authorizations granted to you in regards to this website.

 

SERVICES

This website is owned and operated by Stock Yards and its affiliates (referred to herein as "Stock Yards," "we," "us," or "our").   The information contained on this website, including all web page documents, 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.   Stock Yards provides you with access to a variety of resources, including but not limited to product information and product purchasing (collectively "Services").

 

USE LIMITATION

While we encourage you to print information to help you shop, unless otherwise specified, no products or Services on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create woks from or used in any other way, except with prior written permission of Stock Yards and with express attribution to Stock Yards.   You may not alter or attempt to alter any material on the Site, or the Site itself.   You also may not, without our permission, "mirror" any material contained on this Site or any other server.   Any unauthorized use of any material contained on this Site 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 14 years of age and that if you are younger than 14 you will not use this Site.

 

NO UNLAWFUL OR PROHIBITED USE

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 Stock Yards' server, or interfere with any other person's use and enjoyment of the Site, other accounts, computer systems or networks connected to any Stock Yards' 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.   Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality.   Stock Yards may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site.

 

OWNERSHIP, TRADEMARK AND COPYRIGHT

You agree and acknowledge that Stock Yards 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 Stock Yards®, Stock Yards Meat Packing Company™ and Stock Yards 1893®, as well as any other trademarks, logos and service marks used and displayed on this Site (the “Marks”), are registered and unregistered trademarks of, and owned by, Stock Yards.   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 Stock Yards will take all necessary action to enforce its rights.   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.   You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use, provided you do not change any copyright, trademark or other proprietary notice.   If you modify or use the materials for any other purpose you will be violating the intellectual property rights of Stock Yards, which it vigorously protects.

 

If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide Stock Yards 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 Site; and 3) your contact information - name address, telephone number and email 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 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:  

 

U.S. Foodservice, Inc.

9755 Patuxent Woods Drive

Columbia , Maryland 21046

Attention: General Counsel

 

DURATION OF THIS AGREEMENT

This Agreement 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 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.

 

INFORMATION PROVIDED TO STOCK YARDS BY YOU

The Site provides you an opportunity to communicate with us.   We are pleased to hear from our visitors and welcome your comments regarding our products and services.   However, please be aware that any communication, whether it be a suggestion, idea, graphic or other material, to Stock Yards through the Site or otherwise will be treated as nonconfidential and nonproprietary.   Anything you submit, transmit or post becomes the property of Stock Yards and Stock Yards is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.   Notwithstanding the foregoing, personal data provided to Stock Yards through this Site will be handled in accordance with Stock Yards' Online Privacy Policy, which is available at this link, incorporated into these Terms and made a part hereof.

 

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws.   You understand that information transmitted over public networks may be accessed by third parties and Stock Yards will not be liable for any such unauthorized disclosure.   Stock Yards will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.  

 

Stock Yards and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names.   Please do not send any original creative artwork, samples, demos or other works.   The purpose of this policy is to avoid potential misunderstandings or disputes when Stock Yards' products or marketing strategies might seem similar to ideas submitted to Stock Yards.   So please do not send your unsolicited ideas to Stock Yards or anyone at Stock Yards.   If, despite our request that you not send us your ideas and materials, you still send them, please understand that Stock Yards makes no assurances that your ideas and materials will be treated as confidential or proprietary.

 

THIRD PARTY CONTENT AND LINKED SITES

This Site contains links to other sites created and maintained by other organizations, which may or may not be related to Stock Yards.   These links are provided for your convenience and are for reference only and you agree that the links do not imply that Stock Yards is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of, Stock Yards.   Stock Yards 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, Stock Yards 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.

 

MEMBER ACCOUNT, PASSWORD AND SECURITY

Ordering products on this Site requires you to open an account, which requires that you provide us with current, complete and accurate information as prompted.   You must choose a password.   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 Stock Yards immediately of any unauthorized use of your account or any other breach of security of which you become aware.   Stock Yards 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 Stock Yards 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.

 

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, STOCK YARDS 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).   STOCK YARDS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT 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.   STOCK YARDS (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 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 STOCK YARDS, ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOING 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 THIS 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 STOCK YARDS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.   THE TOTAL LIABILITY OF STOCK YARDS TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE.   YOU MAY BRING NO CLAIM AGAINST STOCK YARDS 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 STOCK YARDS IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

 

INTERNATIONAL USERS

Materials published at this Site may refer to products, programs or services that are not available in your country.   Stock Yards 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 on 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.

 

JURISDICTION AND GOVERNING LAW

This Site (excluding linked sites) is controlled by Stock Yards from its offices within the state of Illinois , United States of America .   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.  

 

WAIVER

Any failure by Stock Yards 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 Stock Yards relating to your use of the Site.