Terms of Use Agreement

Posted Date: February 9, 2012

Welcome to the Gordon Food Service Web site! These terms ("Terms") define the manner in which you may use the websites of Gordon Food Service (GFS), including: gfs.com; siennabakery.com and tradeeastspices.com (collectively, the "Site"). By using or visiting the Site, you are agreeing on behalf of yourself, as well as any employees or agents whom you authorize to use the Site, to the following:

 View our Copyright and Trademark Policies.

1.     Permitted Use. You are granted permission to view, electronically copy and to print (in hard copy) the material and content that is available on this Site (the "Content") including recipes, foodservice suggestions, information to assist you in evaluating placing orders with GFS, and for reference, training and promotional purposes (the "Authorized Purposes"). Other than for these Authorized Uses, you agree that you are only authorized to use the Content for your own personal use, and that you will not duplicate, download, publish, modify or otherwise distribute the Content for any purpose other than the Authorized Purposes. You are agreeing to follow these Terms and all applicable laws and regulations that may govern the Site. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by GFS to do so. GFS posts a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits or any additional information contained along with this notice and credits. You agree to indemnify and hold GFS and its officers, directors, owners, affiliates, subsidiaries, parent, employees, agents, successors and assigns harmless from any loss, liability or expense of any nature (including reasonable attorneys fees) that result directly or indirectly from your use of the Site inconsistent with these Terms or from your failure to comply with any other provisions of these Terms. GFS reserves the right to change these Terms at any time, effective upon posting the revised Terms on the Site. Please check this page of the Site periodically. GFS will note when there are updates to the Terms at the bottom of the Terms. GFS may terminate your use of the Site at any time based upon GFS' sole discretion.

 2.     Your Privacy. GFS takes your privacy seriously. GFS's use of any personal information is subject to the terms of our Privacy Policy. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, the Privacy Policy.

3.     Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages or other Content, or use the Content for any other unauthorized purpose without GFS' prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the software and hardware infrastructure relating to the Site.

4.     Trademarks. Gordon Food Service owns the trademarks "Gordon Food Service", "GFS", "GFS Experience", “Sienna Bakery”, “Trade East Spices” all other trademarks or service marks of Gordon Food Service, and all related logos, designs, and labels of Gordon Food Service or its affiliates, subsidiaries, parent, or related companies. Use of such trademarks is subject to Gordon Food Service's Copyright and Trademark Policies. If you have any questions regarding these policies, please feel free to Contact Us. Thank you.

5.     Copyright. This Site, and all of the information contained on this Site, is subject to Gordon Food Service's Copyright and Trademark Policies. If you have any questions regarding these policies, please feel free to Contact Us. Thank you.

6.     Warranty Disclaimer. GFS does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from its use or the use of any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis.  The information and claims provided on the Site reflect current information of GFS at the time that they are posted. Over time, however, this information may become out-of-date and no longer accurate.  GFS cannot ensure that information and files you download from the site will be accurate or free of viruses or contamination or destructive features. GFS disclaims all warranties express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, whether arising by statute or otherwise in law or from a course of dealing or usage of trade. In no event will GFS or any related entities or individuals be liable to you for any direct, indirect, consequential, incidental, punitive, exemplary or special damages, including any lost profits or lost savings, even if a GFS representative has been advised of the possibility of such damages, or for any claim by any third party. GFS makes no guarantee of any specific result from use of the Site or use of the GFS service. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

7.     Submissions. Any and all remarks, suggestions, ideas, creative concepts, graphics, product reviews, or other information communicated through this Site or otherwise sent to GFS, including without limitation, product or advertising ideas (collectively the Submissions), will forever be the exclusive property of GFS, who will not be required to treat the Submissions as confidential, and will not be liable for any use whatsoever or disclosure of the Submissions, and need not provide any compensation or acknowledgement for the Submissions. Without limitation, GFS will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature anywhere. You agree not to submit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct. You acknowledge that you are responsible for whatever Submissions you send, and you, not GFS, have full responsibility for the message, including its legality, reliability, and originality.

8.     User Generated Content/Customer Reviews. GFS allows consumers to upload reviews of products. GFS does not control or edit the postings except to remove prohibited language such as profanity or defamation. If you believe a posting contains copyrighted material, please notify us at dmcanotice@gfs.com and identify the posting and the content you claim is subject to copyright protection and should be removed.

9.     Other Important Terms. By using the Site, you agree that the laws in force in the State of Michigan, without choice of law principles, will govern any dispute involving the Site and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Michigan, Kent County. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. If any provision of these Terms is found void and unenforceable, it shall not affect the validity and enforceability of any other provision of these Terms. In addition, any provision which is deemed void or unenforceable shall be automatically amended in as minimal a manner as possible so as to make it valid and enforceable. You agree that any product received from GFS will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

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