Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and GDK Food Services, Inc., a company incorporated in the United States with its principal place of business at 12350 Del AMO Blvd, Lakewood, CA 90715-1732.

By accessing or using our website, services, or products, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our services.

Description of Services

GDK Food Services provides professional computer systems design and integrated systems solutions specifically tailored for the food service industry. Our services include but are not limited to:

• Computer systems design and implementation
• Integrated systems architecture and development
• Technical consulting and advisory services
• System monitoring and maintenance
• Data analytics and reporting solutions
• Cybersecurity and data protection services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

User Accounts and Registration

Account Creation

To access certain features of our services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms of Service or engage in conduct that we deem harmful to our business, other users, or third parties.

Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, state, national, or international law
• Infringe upon the intellectual property rights of others
• Transmit any harmful, threatening, abusive, or defamatory content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Collect or harvest personal information from other users
• Use our services for any fraudulent or malicious purpose
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or other malicious code
• Engage in any activity that could damage our reputation or business

Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, images, software, and design elements, are owned by GDK Food Services, Inc. or our licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of our intellectual property without our express written permission.

User Content

By submitting content to our services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing our services. You represent and warrant that you own or have the necessary rights to grant this license.

Payment Terms

Fees and Billing

Certain services may require payment of fees. You agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable unless otherwise stated in writing.

Payment Methods

We accept various payment methods as indicated on our website. By providing payment information, you represent that you are authorized to use the designated payment method.

Late Payments

If payment is not received by the due date, we reserve the right to suspend or terminate your access to services and charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated to you in advance and will not affect existing contracts unless mutually agreed upon.

Service Level Agreement

We strive to provide reliable and high-quality services. However, we do not guarantee uninterrupted or error-free service. Our service availability targets and support response times are outlined in separate Service Level Agreements provided to enterprise clients.

Scheduled maintenance and updates may result in temporary service interruptions. We will make reasonable efforts to notify you of planned downtime in advance.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms and continues for a period of five years.

Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties without confidentiality obligations.

Warranties and Disclaimers

Limited Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for a period of 90 days from the date of service delivery.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will meet your specific requirements, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GDK FOOD SERVICES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless GDK Food Services, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of our services
• Your violation of these Terms of Service
• Your violation of any rights of third parties
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through our services

Dispute Resolution

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Los Angeles County, California.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Termination

Either party may terminate these Terms at any time by providing written notice to the other party. Upon termination:

• Your right to access and use our services will immediately cease
• You must pay any outstanding fees or charges
• We may delete your account and data in accordance with our data retention policies
• Provisions that by their nature should survive termination will remain in effect

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services or infrastructure.

Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Services

Our services may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, functionality, or practices of these third parties. Your use of third-party services is subject to their respective terms and conditions.

Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of material changes by posting the updated terms on our website and updating the Last Updated date. Your continued use of our services after such modifications constitutes your acceptance of the updated terms.

If you do not agree to the modified terms, you must discontinue use of our services and may terminate your account.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and GDK Food Services, Inc. regarding the use of our services and supersede all prior or contemporaneous communications and proposals.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of GDK Food Services, Inc.

Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.