Terms and Conditions
GOURMET FACTORY WEBSITE
TERMS AND CONDITIONS OF USE
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the Gourmet Factory website, located at www.thegourmetfactory.com, as well as any online features, services and/or programs offered by Gourmet Factory (collectively, the “Website”).
By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, Gourmet Factory does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) Gourmet Factory has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Gourmet Factory. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms. We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THIS EXCLUSION OF WARRANTIES DOES NOT APPLY TO ANY PRODUCTS THAT YOU MAY PURCHASE FROM GOURMET FACTORY. GOURMET FACTORY PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. GOURMET FACTORY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GOURMET FACTORY WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Gourmet Factory and its owners, directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Gourmet Factory, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
(c) DIETARY INFORMATION. The information provided on the Website is for informational purposes only. Gourmet Factory is not a medical organization and we cannot and do not give medical advice. If you have any special dietary concerns, you should consult with your physician prior to changing your diet.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL GOURMET FACTORY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF GOURMET FACTORY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. THIRD PARTY CONTENT.
(a) Gourmet Factory may provide hyperlinks to other websites maintained by third parties, or Gourmet Factory may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER GOURMET FACTORY’S CONTROL AND GOURMET FACTORY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Gourmet Factory. In most cases, Gourmet Factory is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Gourmet Factory’s Content; (ii) may not create a browser, border environment or frame Gourmet Factory’s Content; (iii) may not imply that Gourmet Factory is endorsing it or its products or services; (iv) may not misrepresent its relationship with Gourmet Factory; (v) may not present false or misleading information about Gourmet Factory’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
7. COPYRIGHT AND TRADEMARKS. Gourmet Factory is the copyright owner or authorized licensee of all text and all graphics contained on the Website. The trademarks, service marks and logos used and displayed on the Website are Gourmet Factory’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Gourmet Factory’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Gourmet Factory’s prior written permission. Gourmet Factory aggressively enforces its intellectual property rights. Neither the name of Gourmet Factory, its subsidiaries or affiliates, nor any of Gourmet Factory’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Gourmet Factory’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 6(b) above may use the name “Gourmet Factory” in or as part of that link.
9. AVAILABILITY. Information that Gourmet Factory publishes on the Website may contain references or cross-references to products, programs or services of Gourmet Factory, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that Gourmet Factory, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Gourmet Factory for information regarding the products, programs and services that may be available to you, if any.
10. COPYRIGHT COMPLAINTS. Gourmet Factory owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of Gourmet Factory. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Gourmet Factory will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked "Copyright Infringement" to Gourmet Factory Customer Service at: 55 Corporate Drive, Hauppauge, NY 11788, Attn: Themis Kangadis
11. TERMINATION OF SERVICE. We may terminate your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Gourmet Factory, to its partners, to the business of the Website’s internet service provider, or to other information providers.
12. GOVERNING LAW. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of New York, Suffolk County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
12. LOCAL LAWS. Gourmet Factory makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Gourmet Factory is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, please let us know by sending your comments to:
55 Corporate Drive
Hauppauge, NY 11788
Attn: Customer Care – Website
Copyright © 2013. Gourmet Factory. All Rights Reserved.
EFFECTIVE AS OF: December 15, 2013
LAST UPDATED: December 15, 2013