terms and conditions
Effective: October 21, 2013
Welcome to thegracioiusgourmet.com (“Website”). This Website is owned by The Gracious Gourmet, LLC (“TGG, LLC”).
You must be 18 years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website. By submitting information through the Website you represent that you meet this age restriction. TGG, LLC provides you with access to and use of the Website subject to your compliance with these Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms.
All of the content you see on the Website is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by TGG, LLC, one of its affiliates or by third parties who have licensed their materials to TGG, LLC. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and TGG, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the users of the Website. You may only download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. TGG, LLC reserves complete title and full intellectual property rights in any content you download from the Website. No joint venture, partnership, employment or agency relationship exists between TGG, LLC and you as a result of these Terms or your use of the Website.
All content disclosed, offered or submitted by you to this Website shall be and remain TGG, LLC ‘s property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any content shall constitute an assignment to TGG, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property in the content. TGG, LLC is and shall be under no obligation to maintain any content you post, offer, disclose or submit to TGG, LLC in confidence or to pay to user any compensation for any such content.
Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from TGG, LLC. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by TGG, LLC. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.
Privacy and Your Information
From time to time there may be information on the Website, in an email to you or in our catalog that contains typographical errors, inaccuracies, or omissions. TGG, LLC reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TGG, LLC has no control over such sites and resources, TGG, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. TGG, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. TGG, LLC reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site.
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED BY TGG, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TGG, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TGG, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TGG, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TGG, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
NEITHER TGG, LLC ITS AFFILIATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold TGG, LLC and its affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, your violation of these Terms or your posting or transmission of any materials on or through the Website.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, constitute profanity or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
Violations of system or network security may result in civil or criminal liability. TGG, LLC will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website.
International Use – Consent to Processing
TGG, LLC controls and operates the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If you access the Website from locations outside the United States you agree that any information you provide to or though the Website may be processed in the United States.
Termination of Usage
To contact TGG, LLC with any questions or concerns in connection with these Terms or the Website, or to provide notice to TGG, LLC, you can email, call, fax, or write to us at the following:
The Gracious Gourmet
P.O. Box 218
Bridgewater, CT 06752
©2013, The Gracious Gourmet, LLC. All rights reserved.