PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, do not use this website.
Copyright © 2007-2011, Gourmetstore.com
ALL RIGHTS RESERVED.
1. OWNERSHIP. This website, and each of its components, is the copyrighted property of Gourmetstore.com. ("Gourmetstore"), and its affiliates, various third-party providers and distributors. Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Gourmetstore and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and common law trademarks of Gourmetstore, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Gourmetstore or such other party that may own the Trademark.
2. USE OF SITE. You may only use this website to browse the content, make inquiries to Gourmetstore, order Gourmetstore products and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Gourmetstore, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. Gourmetstore does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Gourmetstore does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain "links" to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Gourmetstore (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your Access Codes (defined hereafter).
5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS. Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.
6. PASSWORDS. When you order you will be given the opportunity to create and account. In that regard, you will be permitted to create your own username and passwords ("Access Codes"). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes assigned to you.
7. EXCLUSION OF WARRANTY. GOURMETSTORE AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. GOURMETSTORE AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. GOURMETSTORE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE GOURMETSTORE COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Gourmetstore may make additions, deletions, or modifications to the Information at any time without any prior notification.
8. LIMITATION OF LIABILITY. GOURMETSTORE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL GOURMETSTORE OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY GOURMETSTORE OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
9. INDEMNIFICATION. You shall defend and indemnify Gourmetstore and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.
10. SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Gourmetstore regarding the products or services of Gourmetstore. Submissions will not be confidential and will become the property of Gourmetstore upon submission to Gourmetstore. By providing any Submissions, you agree to assign to Gourmetstore, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Gourmetstore will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Gourmetstore, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
11. PRODUCT AND SERVICE AVAILABILITY. Reference to any product or service on the website constitutes an offer to sell or supply that product or service and does not mean that the product or service is available at the moment you order it. Gourmetstore manages all or portions of the website from Illinois, in the United States of America. We in no way imply that the materials on the website are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.
We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.
12. COLORS. Gourmetstore attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
13. BACKORDERS (OUT OF STOCK). Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. We will notify you if a backorder situation exists.
14. PRICES AND AVAILABILITY. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price
15. ORDER ACCEPTANCE. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order.
16. SALES TAX. We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Illinois, unless you have provided us with an exemption certificate. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately at email@example.com. We may delete or change any Access Code at any time and for any reason.
18. PAYMENT. You are responsible for any payments due for any products or services ordered through your account. You shall also be responsible for any costs of collection for overdue payments.
19. RELATIONSHIP. Your use of this website is independent of Gourmetstore and not as an employee, agent, partner, or joint venturer with Gourmetstore for any purpose. We will permit our independent sales representatives to access portions of this website.
20. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.
21. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
23. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.
24. SEVERABILITY. These terms and conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
25. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
26. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
HOW TO CONTACT US. If you have any comments or questions, please do not hesitate to contact us at firstname.lastname@example.org.
Last Revised June 2011