Sysco.com Terms of Use

These Terms of Use (the “Site Terms” or “Terms”) govern your (“Customer”) interactions with Syso.com and describe the basis by which Sysco Corporation and each of its subsidiaries and affiliates adopting these Site Terms (each “Sysco” or “we”), offer access to pages of each or their respective websites where this policy is posted (individually and collectively referred to as the “Site”). By engaging with the Site, you (“Customer” or “you”) agree to be bound by these Site Terms and any terms and conditions applicable to any Sysco programs you participate in or products you purchase.

IMPORTANT: THESE SITE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 5 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SYSCO ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. MATERIALS AND LICENSE; THIRD PARTY CONTENT

The materials on the Site (including all content, information, Sysco’s domain name, the Sysco logo, any marks appearing on the Site, product description, HTML, Content (as defined below), codes, software, design forms and the selection 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.”

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; (e) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser; (f) collect or use any product listings or descriptions; (g) make derivative uses of

the Site and any Materials; or (h) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Materials or to collect any information from the Site.

“Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. You agree that you will not frame or link to the Site without our express prior approval. 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 and your access to the Site at any time. Upon termination, you must immediately destroy the Materials. Unauthorized use of the Site may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Sysco reserves the right to have all violators prosecuted to the fullest extent of the law.

You acknowledge that a portion of the Materials constitutes content and substantive information, including copy, information, data, text, graphics, messages, communications, photographs, images, illustrations, audio clips, and/or video clips (collectively, the “Content”) that may be the property of a third-party. 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 Site 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. Sysco will not 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 therefrom. 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. You agree 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.

You may only use any of the Sites to browse the content, make inquiries to Sysco, order Sysco products, and not for any other purposes. The use of such materials on any other website or in any environment of networked computers is prohibited. You may share links from the Sites with others

or post them on social media sites, however, you are prohibited from posting to or transmitting from any of the Sites any unlawful, threatening, libelous, defamatory, obscene, indecent, 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 law.

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

2. CHANGES, MISPRINTS, ERRORS.

Subject to applicable law, Sysco: (a) reserves the right to change the goods and services advertised or offered for sale on the Site, the prices or specifications of such goods and services, and any promotional offers and any other Materials at any time and from time to time without any notice or liability to you or any other business; (b) cannot guarantee that goods or services advertised or offered for sale on the Site will be available when ordered or thereafter; (c) reserves the right to limit quantities sold or made available for sale; (d) does not warrant that the Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserves the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies. If Sysco does not process an order for such reason, then we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

3. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use any of the Sites and to create binding legal obligations for any liability you may incur because of the use of any of the Sites. You understand that you are financially responsible for all uses of any of the Sites.

4. ACCOUNT AND SECURITY

You are responsible for maintaining the confidentiality of your account and for restricting access to the device used to access the Site and your account. You agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account is compromised in any manner, you will notify Sysco immediately. Sysco reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While Sysco takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, if Sysco communicates with you via unencrypted e-mail from time to time, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by e-mail, you agree that Sysco may transmit it to you from time to time and store it in an unencrypted form and manner. In no event will Sysco be held liable to you for any liabilities or damage resulting from or arising

out of (i) any action or inaction of Sysco under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.

5. PRIVACY

You represent that you have read the Sysco Global Data Privacy Notice, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Sysco and its third-party providers and distributors in accordance with these Site Terms of and for the purposes set forth in the Privacy Notice.

6. DISPUTE RESOLUTION

You and Sysco agree that any controversy or claim arising out of or relating to these Site Terms, including all claims for breach and all questions of arbitrability, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Commercial Rules”) by a sole arbitrator. You can access AAA Commercial Rules at https://www.adr.org/Rules or by calling +1 800-778-7879. You and Sysco shall endeavor to agree upon the arbitrator, and if You and Sysco fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be Houston, Texas, and the language of the arbitration shall be English. Hearings may be held in any location agreed to by the Parties or determined by the Arbitrator (including virtually), and the location of any hearings shall not impact the location of the legal seat.

You may only bring claims in your individual capacity on Your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration commenced hereunder may be joined with or include any claims by any other persons, unless both Parties expressly consent in writing. Each party shall bear its own arbitration filing fees.

The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

The arbitrator may award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third-party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third-party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding

in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.

7. TERMINATION

Sysco may suspend or terminate these Site Terms as to your use of the Site, in whole or in part, 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 Site Terms, which shall remain in full force and effect after such termination, except that your right to use the Site shall be terminated.

8. EXCULPATION; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THE SITE (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 (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS). ALL INFORMATION CONTAINED ON THE SITE 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 OR CONTENT PROVIDED THEREON (REGARDLESS OF WHETHER SUCH MATERIALS OR CONTENTARE CREATED BY SYSCO OR A THIRD PARTY CONTENT PROVIDER) 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 OR OTHERWISE; (c) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE SITE; (d) UNINTERRUPTED ACCESS; OR (e) ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE 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 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.

9. INDEMNIFICATION

You agree to defend (at Sysco’s request), indemnify, and hold harmless Sysco, its directors, affiliates, officers, employees, agents, and other representatives (“Sysco Indemnitees”) from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and

costs, arising from or related to Customer’s violation or non-compliance with these Site Terms. Customers will further hold Sysco Indemnitees harmless from and will indemnify Sysco against any claim, loss or expense occurring from any failure to comply with tax-exemption requirements.

10. NOTICE TO SYSCO

Any notices that Customer provides to Sysco regarding these Site Terms must be in writing and directed to the attention of Sysco’s department manager at the company and address specified below:

Sysco To Go Corporate: 1390 Enclave Parkway Houston, TX 77077

11. SUBMISSION OF INFORMATION; NO IMPROPER USE

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.

12. LINK TO OTHER SITES

Sysco has provided links to certain non-Sysco sites for your convenience. Sysco does not monitor or review such links. 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 assumes no responsibility or liability with respect to any website linked from any of the Sites (or any website linking to any of the Sites), including its content and operation and 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, referral, endorsement, approval, advertising, offer, or solicitation on behalf of the third-party or any information, products or services appearing on such site. While any of the Sites may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. Sysco reserves the right to terminate any link or linking program at any time.

13. 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. These Site Terms shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely to be performed within Texas, without resort to its conflict of law provisions. Any claim relating to the

materials of any site shall be governed by the terms and process set forth in the “Dispute Resolution” Section.

14. REVISIONS

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

15. OFFERS AND PROMOTIONS

From time to time we may offer promotions, benefits, discounts, or other offers. These offers are governed by additional terms and conditions that MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE SYSCO PRIVACY NOTICE, IN PART OR IN WHOLE.

16. SMS TERMS & CONDITIONS

Sysco may provide you an opportunity to opt-in to receive special offers, perks, and other communications via short message service (SMS) text messages on your mobile phone (“SMS services”). By opting in to receive SMS services you agree to be bound by the Sysco SMS Terms. By opting in you consent to receiving recurring, autodialed text messages, including marketing communications, at your given number. Your consent to SMS services is not a condition of receiving our services or purchasing our products. Sysco’s full SMS Terms and Conditions can be found here.

17. CONTACT US

If at any time Customer need assistance or are experiencing difficulties, please contact Customer Service via phone or write us at Sysco USA I, Inc.: 1390 Enclave Parkway Houston, TX 77077.