1. Purpose
At Customer’s request, Performance Food Group, Inc. and its affiliates (collectively, “PFG”) may provide limited consulting services relating to Customer’s website, social media presence, digital marketing, content creation, photography, training, or related advisory services (collectively, the “Consulting Services”) at no additional cost to Customer. These PFG Consulting Terms (the “Terms”) document Customer’s understanding of the scope, limitations, and risk allocation applicable to the Consulting Services.
2. Third Party Platforms and Customer Accounts
(a) Any application, software, service, platform or social media network discussed or used in connection with the Consulting Services (each a “Third-Party Platform”) is selected, used, and contracted for directly by Customer with the applicable third party. For clarity, Customer is solely responsible for establishing, maintaining, and paying for any website, domain, account, profile page, or other presence on any Third-Party Platform (each a “Customer Account”).
(b) Customer acknowledges and agrees that (i) PFG is not responsible for hosting services, platform services, account administration, security, availability, monitoring, support, or ongoing operation of any Third-Party Platform or any Customer Account; and (ii) any actions taken by Customer on a Third-Party Platform or with respect to a Customer Account are solely Customer’s responsibility.
(c) Customer is solely responsible for operation, maintenance, and compliance of the Customer Accounts, including but not limited to content published or used by Customer and compliance with applicable advertising, privacy, consumer protection, and other laws, as well as all Third Party Platform terms and policies.
3. WARRANTY DISCLAIMER
THE CONSULTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PFG DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, PFG DOES NOT WARRANT THAT ANY THIRD PARTY PLATFORM OR ANY CUSTOMER ACCOUNT WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, SECURE, OR THAT USE OF THE CONSULTING SERVICES WILL ACHIEVE ANY PARTICULAR RESULT. ALL CONSULTING SERVICES ARE ADVISORY IN NATURE, AND RESULTS DEPEND ON FACTORS OUTSIDE PFG’S CONTROL.
4. Limitation of Liability
To the maximum extent permitted by law, PFG shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including lost profits, lost business, or loss of data) arising out of or relating to the Consulting Services. PFG’s only liability shall be for direct damages caused by PFG’s gross negligence or willful misconduct. PFG’s aggregate liability shall not exceed $100, to the maximum extent such limitation is permitted by applicable law.
5. Miscellaneous
These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of laws principles to the contrary. These Terms constitute the entire understanding of Customer regarding the Consulting Services and supersedes all prior or contemporaneous statements or understandings on that subject. No amendment or waiver of these Terms will be effective unless in a writing signed by PFG. If any provision is held unenforceable, the remaining provisions will remain in effect and the unenforceable provision will be enforced to the maximum extent permitted by law.