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Terms of Use Agreement

Last Updated Date: June 18, 2019

Welcome to the Gordon Food Service Store website! These terms (“Terms”) define the manner in which you may use the websites of Gordon Food Service Store LLC and certain of its affiliates, including: gfsstore.com and, gordonrestaurantmarket.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 these Terms.  Any changes to these Terms will be in effect as of the Last Updated Date referenced above. You should review these Terms prior to purchasing any products or services that are available through this Site.  Your continued use of this Site after the Last Updated Date will constitute your acceptance of and agreement to such changes.

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”, “Gordon 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, its Content, and any products ordered via the Site, are delivered and/or provided on an “as-is” and “as-available” basis.  The information and claims provided on the Site reflect reasonably 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, and GFS is under no obligation to update such information. 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 the Site, the Content, and/or the products you order via the Site. 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, use of the GFS service, and/or the products you order via the Site. 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.    In-Store Pickup.

9.1   Eligibility.  You may not make a purchase from the Site unless you are at least 18 years of age. Do not register for an Account (as defined below) if you are not at least 18 years of age.  You also represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one Account; and (c) that you have full power and authority to agree to the Terms and in doing so will not violate any other agreement to which you are a party.

9.2   Registration & Accounts.  To order a product online and pick it up in a selected store (“In-Store Pickup”), you will need to register for an account and provide information about yourself, including your full name, address, phone number and email address and you must select a password (your “Account”).  You will be given the option to receive promotional communications from GFS and allow GFS to use your store purchase history, Site purchase history and browsing history in accordance with GFS’s Privacy Policy.  You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your Account information; (c) maintain the security of your Account credentials; (d) not share your Account credentials with others; and (e) promptly notify GFS if you discover or otherwise suspect any security breaches related to the Site or your Account. You are solely responsible for the use of your Account credentials and for all charges incurred when using your Account. GFS reserves the right to suspend or terminate your Account at any time, with or without notice to you.

9.3 Placing your Order.  By placing an order on the Site to utilize In-Store Pickup, you are offering to purchase the products you have selected.  GFS’s acceptance of the offer occurs at the time GFS delivers your order to you at pickup at your selected store. GFS will send you an electronic communication acknowledging receipt of your order including items and quantities selected and available.  In addition, GFS will send you an electronic communication reminding you of your pickup time.

9.4   Minimum Purchase.  A minimum purchase may be required to use In-Store Pickup.  The minimum purchase amount will be stated at the time of checkout and will prevent you from ordering if that minimum has not been met.

9.5   Product Quantity Limits. GFS reserves the right to limit the quantity of a product you select.  Where possible, limitations will be stated on the Site.

9.6   Geographical Limitations. In-Store Pickup is only available at select stores.  In order to find eligible stores, please click on the Store Locator to find your store and click on Store Details link to view the services available.

9.7   Payment and Cancellation.  Your payment will be collected at the time of pickup at your selected store.  You can cancel your order by calling the store anytime in advance of pickup. GFS reserves the right to cancel any order if GFS believes that a fraudulent or abusive order has been placed.

9.8   Taxes, Fees and other charges.  You will be charged sales taxes and government fees based on the pickup stores location.  These include, but are not limited to, sales taxes, bottle deposits, and other governmental charges.  You may also be charged service fees like slicing or pickup, as set forth on the checkout page of the Site. These fees will appear on the final receipt.  The amount of any governmental fees will not appear on the checkout page because the prices listed at checkout are estimated, but will appear on the final receipt.

9.9   Picking up your Order.  When you place your order, you will be prompted to select a one-hour pickup window.  Your order will be picked and ready by the pickup window selected.

9.10   Estimated and Final Prices.  Prices for products shown on the Site on the date you submit your order may differ from the prices for the products at the time you pick up your order, due to product price change, coupons, substitutions, taxes and governmental fees, weighted items, local promotions, weekly ad price changes (typically beginning on Sunday and ending on Saturday), and other reasons.  As such, your total at the time you submit your order is only an estimate, and you’ll be charged a final updated total, including any discounts, coupons, substitutions, service fees, taxes and government fees on the date you pick up your order. Prices posted on this Site may be different than prices offered at Gordon Food Service Store locations. All prices, discounts, and promotions posted on this Site are subject to change without notice.  GFS strives to display accurate price information; however, GFS may, on occasion, make inadvertent typographical errors or otherwise have inaccuracies or omissions on the Site and may cancel orders arising from such occurrences without notice.

9.11   Products Sold by Weight.  If you order an item that is sold by weight you will be charged based on the actual weight of the product picked for you. We will attempt to match your ordered weight.  

9.12   Product Availability. While GFS endeavors to update the Site when products are not available or are in limited supply, GFS cannot guarantee that the product you order, or the quantity you order will be stocked and available and the time your order is picked.  GFS may revise and discontinue products at any time and are not responsible for typographical errors or misprints.

9.13   Abandoned Orders.  GFS will hold your order through the end of the business day of the Pickup Date selected.  If you are unable to pick up your order on the day you selected, you may call the store and request that GFS hold the order an additional 24 hours.  If you do not pick up an order by either of the foregoing times, it is considered abandoned and will be returned to stock. Multiple instances of order abandonment will be cause to suspend or remove your Account.

9.14   Products Not for Resale.  You represent and warrant that you are buying products or services from the Site for your own personal or business use, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.

10    Limitation on Time to File Claims.  Any cause of action or claim you may have arising out of or relating to these Terms, the Site, the Content, and/or the products you order via the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action of claim is permanently closed.

11    Waiver of Severability.  No waiver by GFS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GFS to assert a right of provision under these Terms shall not constitute a waiver of such right or provision.

12    Force Majeure.  GFS will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure of delay is caused by or results from acts or circumstances beyond GFS’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war invasion or hostilities  (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to GFS’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate of suitable materials, materials or telecommunication breakdown, or power outage.

13    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.