Measur’d Website Terms of Use Agreement
Last Modified September 1, 2022
Measur’d is a service of Gordon Food Service, Inc. d/b/a Measur’d. By using Measured.biz and its related domains, social media channels, mobile application services, information, web postings, products and tools (collectively, “Website” or “Service(s)” or “Measur’d”) you, the “User”, are agreeing to the following terms and principles. This Terms of Use Agreement (“Agreement”) is effective immediately for all Users of the Website and is by and between you, the User and Gordon Food Service, Inc. d/b/a Measur’d (“Measur’d” or “we” or “us”). Please read the Terms of Use carefully before you start to use the Website. This version of the Terms of Use became effective September 1, 2022.
Your use of the Measur’d Website is governed by this Terms of Use Agreement and corresponding Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms or policies, you are not authorized to use the Website.
The Website Terms of Use Agreement and Privacy Policy do not govern your participation in the Measur’d Program. Participation in the Measur’d Program is governed by the Measur’d Limited Participation Agreement, which incorporates by reference the Measur’d Program Terms and Conditions, which are available upon request.
Measur’d is a program for restaurants that makes buying food for the people you serve easier, cost-effective, and more efficient. Would you like to participate? Please contact us at info@measured.biz or reach out to us on the Contact Us page. We look forward to speaking with you!
2. Updates to this Terms of Use Agreement.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Use, at any time. Amendments or changes to these Terms will not be effective until we post a revised Terms of Use on the Website. Unless explicitly stated otherwise, any new feature added to the Service, including but not limited to the release of new tools and resources, shall be subject to the Terms of Use.
It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.
3. User Eligibility
Use of the Website is void where prohibited. Your use of the Website and Services constitutes your representation that (1) all information you submitted to Measur’d is truthful and accurate: (2) that you will update your information when changes occur; (3) that you are at least 18 years of age; (4) that, if you are under the age of 18, you have the authorization of your legal guardian, and (5) that your use of the Website and Services does not violate any state, federal, or other law which applies in your jurisdiction.
4. Accessing the Website and Obtaining the Appropriate Consents
To access the Website or some of the resources it offers you will be asked to provide certain information regarding your business, your contact information, and other personal information. You agree that all information you provide to Measur’d, its service providers, partners, or affiliates, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information and the information you provide to Measur’d while using the Website and Services consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Measur’d website account, if any, is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
5. Privacy
Your privacy is very important to Measur’d. Please read Measur’d’s Privacy Policy. Measur’d’s Privacy Policy, as it may change from time to time, shall be considered a part of this Agreement. By using this Website you consent to the Privacy Policy and the terms contained in this Agreement regarding the processing of your personal and other information.
Consent for Measur’d and its Service Providers to Process Your Information
Measur’d uses third parties to assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential.
Those trusted third-party partners may:
- Provide you and our company, and its affiliated companies with various services
- Provide database maintenance and security
- Help us manage transactions
- Help us process and fulfill orders or requests
- Create an account on such third-party site to provide various services to you
By using this Website, the User consents to Measur’d sharing the User’s information with its service providers and their service providers.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your Personal Information may be transferred as part of such a transaction, as permitted by law and/or contract. By providing your personal information to us, you consent to such a transfer.
6. User Contributions
The Website or its social media channels may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers.
All of your User Contributions do and will comply with these Terms of Use.
7. Content Standards
The following Content Standards apply to any and all User Contributions and use of Interactive Services. You are responsible for any and all User Contributions, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links which you post to the Website. Please use common sense when posting Content to the Website. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity. Measur’d reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of Measur’d, violates this Agreement or which otherwise may be deemed offensive or rude. Measur’d does not assume responsibility for monitoring user posted Content. However, if you believe you have identified a violation of this Agreement, please report the abuse to the Privacy Officer whose contact information is listed below.
8. Measur’d Intellectual Property and Trademark Rights
The Website, its features, and functionality including but not limited to the software, displays of information (including text, audio, video, images) and the design, selection, and arrangement thereof are owned by Measur’d and are protected by copyright and other intellectual property or proprietary rights laws.
All content posted by Measur’d is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any commercial or for profit manner without the prior written consent of Measur’d.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
Measur’d and related logos, including those of Gordon Food Service, Inc., are subject to copyright and trademark protections. You must not use such marks without the prior written permission of Measur’d.
9. Authors and Bloggers
As stated below, Measur’d does not warrant any of the information provided on the Website. Please use common sense when reviewing articles and blogs posted by our staff or community members. You should not rely in any way on any information posted on the Website.
10. Cancellation and Termination
Without limiting Measur’d’s other remedies, we reserve the right to do any of the following, at any time, without notice to you (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website for any reason or no reason at all; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or Terms; and (3) to interrupt the operation of the Website, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11. Limitation of Liability and Claims
YOU AGREE THAT MEASUR’D AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MEASUR’D OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MEASUR’D OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises.
12. Indemnification
You agree to indemnify, defend and hold Measur’d and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees and costs, related to your violation of this Agreement or your use of the Website, or violation of any proprietary or privacy right.
13. No Waiver
Measur’d failure to enforce any provision of this Agreement does not waive future enforcement.
14. Disclaimer of Warranty
You expressly agree that use of this Website is at your sole risk. Neither Measur’d, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, service providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Content. The Content may contain errors, omissions, inaccuracies, or outdated information. Further, Measur’d does not warrant reliability of any content displayed or distributed through the Website.
THIS WEBSITE, SERVICES, AND THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. MEASUR’D MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEASUR’D EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
15. Governing Law
The Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.
16. Forum Selection
Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Kent County Michigan.
17. Notice to Measur’d
All notices to Measur’d under this Agreement may be sent using the following information.
Gordon Food Service, Inc.
Attn: Senior Director of Sales
1300 Gezon Parkway, S.W.
Wyoming MI 49509
Gordon Food Service, Inc.
Attn: General Counsel
1300 Gezon Parkway, S.W.
Wyoming MI 49509
