jetro/Restaurant Depot website Terms of use

PLEASE READ THIS CAREFULLY.  These Terms of Use and our Privacy Policy apply to the use of www.jetro.com, www.restaurantdepot.com, www.therdstore.com, mobile applications, and social media pages, including those made available on third-party sites such as Facebook, Twitter or Instagram (collectively, the “Services”) that are owned, operated or maintained by Jetro Holdings, LLC and all of its divisions and affiliates, including Jetro Cash & Carry, Restaurant Depot, and any of their predecessors, successors, assigns, parents, subsidiaries, and corporate affiliates, and each of their respective officers, directors, employees and agents (collectively, “Jetro”, “Us”, “We” or “Our”).  BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY, AND AGREE TO BE BOUND BY THEM. If you do not wish to agree to the Terms of Use or the Privacy Policy, please do not use any of the Services.

We may add to or revise these Terms of Use or the Privacy Policy from time to time, so please check the Terms of Use and the Privacy Policy periodically for such additions or revisions.  Your use of the Services following the posting of any additions or revisions will serve as your acceptance of the additions or revisions.

INTELLECTUAL PROPERTY / RESTRICTIONS ON USE OF SERVICES

All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Jetro or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource, or as a means to learn and interact with members of the community. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. Jetro, Restaurant Depot, and The RD Store are registered trademarks of Jetro Holdings, LLC. All other product names contained in the Services are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited.  We expect users to download and print some materials from the Services.  Those materials can only be used to purchase products or services from Jetro or its affiliates and partners, or for non-commercial purposes.  After downloading or printing, you agree to retain all copyright, trademark, and other proprietary notices displayed on the material as posted on the Services.  In addition, unless otherwise agreed by Us in writing, you may not use any materials from the Services, including but not limited to our logos, in any manner likely to cause confusion, to identify your products or services, as part of your own trademarks or service marks, in a manner that implies a connection with your products or services that is unauthorized, or in a manner that disparages or dilutes our trademarks.  Except as otherwise noted, all content on the Services is our proprietary information.  Any user who infringes on these rights will be barred from using the Services.

You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in these Terms of Use, no right or license to the materials, or any portion thereof, shall be granted or implied.

ACCOUNT INFORMATION

Certain areas of the Services are restricted to authorized members who may be required to register and to use a password.  By accessing these areas of the Services, you also agree to the Membership Terms & Conditions.  You agree to provide true, current, and complete information about yourself as prompted by the registration process.  You may not impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information.  You are responsible for maintaining the confidentiality of your password and your account information, and agree to safeguard your password and account information from access by others.  You are responsible for any unauthorized use of your password or account information that results from your failure to safeguard such information.  If you suspect your password or account information has been misused, you must notify Us immediately at communciations@jetrord.com. 

HARMLESS USE / PROHIBITED ACTIVITIES

You may only use the Services in ways that are harmless to Us and to fellow users.  That means that by using the Services you agree not to take or authorize any activity that could interfere with, damage, disable, disrupt or impair the Services, the underlying sites, servers, networks, systems or their hosts, or other users.  The following is a partial list of the kinds of activities that are prohibited while using the Services: 
Transmitting a virus to the Services or other users of the Services
Using any spider, robot, bot, scraper or other automatic or manual data mining tool, software, algorithm or program to access or monitor Our data or the data of other users of the Services.
Flooding the Services with traffic, imposing an unreasonable or disproportionately large load on the Services, or engaging in any other activity that slows, stops, crashes, or otherwise interferes with the operation of the Services. 
Spamming, mail-bombing, mass mailing, sending chain letters, or otherwise sending unsolicited email to Us or other users of the Services. 
Hacking, accessing or attempting to hack or access data that is not intended for your use (including source code for the Services). 
Hacking, accessing or attempting to hack or access a server or account that you are not authorized to access.
Probing, scanning or testing the vulnerability of any server, system or network related in any way to the Services. 
Using the Services for any purpose in violation of local, state, or federal laws or regulations.
Submitting or posting “User Content” (defined below) that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party.
Submitting or posting User Content that constitutes political campaigning.
Submitting or posting User Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, libelous, defamatory, slanderous, hateful, embarrassing, an invasion of privacy or publicity rights, or disruptive to any other person or entity as determined by Us in our discretion or pursuant to local community standards.
Submitting or posting User Content that constitutes cyber-bullying, as determined by Us in Our discretion.
Submitting or posting User Content that depicts any dangerous, life-threatening, or otherwise risky behavior, as determined by Us in Our discretion.
Submitting or posting telephone numbers, street addresses, or last names of any person.
Submitting, posting or otherwise establishing URLs to external websites or any form of HTML or programming code.
Submitting or posting anything that may be considered "spam” as determined by Us in Our discretion.
Forging or otherwise manipulating headers or other identifying information in order to disguise the origin of User Content.
Impersonating another person when submitting or posting User Content, including other users or agents, employees, and representatives of Jetro.
Harvesting or otherwise collecting information about others, including usernames, account numbers, and e-mail addresses, without their consent.
Using the Services to solicit others for a commercial purpose
Allowing any other person or entity to use your identification for posting or viewing comments.
Engaging in any other conduct that violates the rights of other users.
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the discretion of Jetro, exposes Jetro or any of its customers, suppliers, or any other parties to any liability or detriment of any type.
Encouraging other people to engage in any prohibited activities as described herein.

Jetro reserves the right, but is not obligated, to do any or all of the following:
Investigate an allegation that any User Content submitted or posted on the Services does not conform to these Terms of Use.
Edit, remove or delete User Content that fails to conform with these Terms of Use.
Terminate a user's access to the Services upon any breach of these Terms of Use.
Take appropriate legal action against anyone who violates these Terms of Use.

CONTENT SUBMITTED OR POSTED BY USERS / SOCIAL MEDIA

The Services, including but not limited to the social media pages thereon, are intended to provide a place for the community to learn and interact.  Certain aspects of the Services may allow you or other users to submit or post links, text, documents, software, scripts, graphics, photos, sounds, music, videos, audiovisual combination, interactive features, artwork, messages, comments, reviews, feedback, data, information, or other materials or content (collectively, “User Content”). 

Jetro does not regularly review all User Content.  Jetro does not endorse any opinions or views in any User Content.  Jetro does not make any representations or warranties regarding the truthfulness or accuracy of any User Content submitted or posted by you or other users of the Services.  

Please note that Jetro, as a provider of an interactive computer service, shall not be treated as the publisher or speaker of any information provided by another information content provider, pursuant to Section 230 of the Communications Decency Act, 47 USC 230.  Jetro shall thus not be liable under any federal, state or local law in connection with User Content submitted herein.

Unless otherwise specified, you may only submit or post User Content if you are a resident of the United States and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you submit or post any User Content. You may only submit or post User Content that you created or which the owner of the User Content has given you permission to submit or post. If User Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you submit or post the User Content. You may be required to provide proof of such permission to Us. You may not submit or post User Content that is illegal or that violates these Terms of Use. 

By submitting or posting User Content, you represent and warrant to Us that (1) you own all the rights to the User Content or are authorized to submit or post the User Content to the Services; and (2) the User Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.  By submitting or posting the User Content, you grant Us an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) in any medium and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any User Content submitted by you may be handled by Us on a non-confidential basis.  

Once you submit or post User Content, We do not need to give you any further right to inspect or approve uses of such User Content, or to compensate you for any such uses. We own all right, title, and interest in any compilation, collective work, or other derivative work created by Us using or incorporating User Content that you submit or post.

Jetro reserves the right to edit, remove or delete any User Content submitted or posted to the Services, regardless of whether such User Content violates these Terms of Use or not.  

Any personal information or User Content that you voluntarily upload or submit for public posting becomes publicly available and can be collected and used by others.  It is a violation of these Terms of Use for you to post any User Content that requests personally identifiable information from other users of the Services.

You agree to assume the risk associated with all User Content that you submit or post, and you acknowledge and understand that you potentially can be held responsible or liable for User Content that you submit or post, including but not limited to User Content that is illegal, User Content that falls within the prohibited activities discussed above, or User Content that otherwise violates these Terms of Use.

You assume the risk of dealing with any third party who submits or posts User Content on the Services.

If you become aware of misuse of the Services by any person, including but not limited to the submission or posting of inappropriate User Content, please contact Us at communications@jetrord.com.  If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

PRODUCT AVAILABILITY / DESCRIPTIONS / PURCHASES

We post information regarding our products and services on the Services.  This information can and does change on a daily basis, without notice.  Not all products and services are available in all locations and to all members, despite the fact that they may be posted or referenced on the Services.  Not all products are available exactly as illustrated or described on the Services.  We retain all rights to limit availability and quantity of items.  We aim to be as accurate as possible when describing our products and services.  However, Jetro does not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, free of technical inaccuracies, free of typographical errors, or otherwise error-free. 

These Terms of Use apply to the use of the Services.  If you purchase products or services using the Services, additional terms and conditions may apply, including but not limited to the Membership Terms & Conditions. 

THIRD-PARTY COPYRIGHTS

If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from the Services pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting Jetro as set forth below and providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL or page) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to: Jetro Cash & Carry, 15-24 132nd St, College Point, NY 11356, Attn: Customer Service.

DISCLAIMERS REGARDING THE SERVICES

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JETRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JETRO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE, VIRUS-FREE, FREE OF TROJAN HORSES OR OTHER HARMFUL CODE, THAT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, ERRORS, BUGS, TROJAN HORSES, WORMS, OR OTHER HARMFUL COMPONENTS. JETRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM THE USE OF THE SERVICES. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

The Services also may contain technical inaccuracies, typographical errors, and out of date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted. We further reserve the right to make changes to the Services at any time. 

DISCLAIMERS REGARDING THIRD-PARTY DEALINGS AND LINKS TO OTHER WEBSITES, APPS, SOCIAL MEDIA AND CONTENT

Through the Services, we may provide links to websites, apps, social media pages, or other content owned or operated by third parties other than Jetro. Jetro does not own, has no control over, and assumes no responsibility for, such third-party websites, apps, social media pages, or content, or their privacy policies or practices.  In addition, Jetro will not and cannot censor or edit the content of any third-party websites, apps, social media pages, or other content. Such links are provided for your reference only. The inclusion of links to such websites, apps, social media pages, or other content does not imply any sponsorship, affiliation or endorsement of the material on such websites, apps, social media pages, or other content, or with their owners or operators.  We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website, app, social media page, or other content that you visit.  

Some portions of the Services may direct you to a website, app, social media page, or other content of a third party. Your dealings or communications through the Services with any party other than Us are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

JETRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES THAT ARE CONTAINED IN OR ACCESSIBLE THROUGH LINKED THIRD-PARTY WEBSITES, APPS, SOCIAL MEDIA PAGES, OR OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  JETRO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIRD-PARTY WEBSITES, APPS, SOCIAL MEDIA PAGES, OR OTHER CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE, VIRUS-FREE, FREE OF TROJAN HORSES OR OTHER HARMFUL CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, ERRORS, BUGS, TROJAN HORSES, WORMS, OR OTHER HARMFUL COMPONENTS.  JETRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THIRD-PARTY WEBSITES, APPS, SOCIAL MEDIA PAGES, OR OTHER CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM THE USE OF SUCH THIRD-PARTY WEBSITES, APPS, SOCIAL MEDIA PAGES, OR OTHER CONTENT.  SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOST DATA, OR LOST BUSINESS OPPORTUNITIES, WHICH MAY RESULT FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE LOSS, DAMAGE OR INJURY IS DUE TO AN INTENTIONAL TORT OR RECKLESSNESS BY US.

CONSTRUCTION OF TERMS OF USE AND JURISDICTIONAL ISSUES

Jetro is headquartered in the State of New York and the provisions of these Terms of Use shall be interpreted and construed in accordance with the laws of the State of New York. In the event a court declines to enforce any portion of the Terms of Use, the remainder of the Terms of Use will remain in effect. By using the Services, you consent to the personal jurisdiction of the federal and state courts located in the State of New York for any disputes arising out of your use of the Services.

NOTICE FOR INTERNATIONAL USERS

The Services are owned, maintained, administered, controlled, and/or operated by Us in the United States.  Although the Services may be accessible outside the United States via the internet, some of the features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons outside the United States. Jetro makes no representation that the Services are appropriate or authorized for use outside the United States. Users located outside the United States may be subject to laws that are more or less strict than the laws that apply to the Services when used within the United States.  If you access the Services from outside the United States, you do so at your own risk and are responsible for ensuring that your use is in compliance with the applicable law.  

Residents of countries other than the United States agree that any action at law or in equity arising out of or relating to use of the Services shall be filed only in the federal or state courts located in the State of New York and such residents hereby consent and submit to the personal jurisdiction of such courts.

NO WAIVER

Any failure by Us to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

CHANGES TO THE TERMS OF USE

No changes to these Terms of Use shall be made except by a revised posting on this page, and no advice or other information provided by the Services or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms of Use.

CONTACT INFORMATION

If you need additional information, please submit questions to Jetro/Restaurant Depot, 15-24 132nd Street, College Point, NY 11356 or call us at 718-762-8700.

LAST UPDATE

These Terms of Use were updated in November 2018.  

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