By visiting and/or using this website, you acknowledge and agree to the terms
and conditions set forth on this website. If, however, you do not agree to any
of the terms and conditions, please do not use this website.
1. Acceptance of Terms
Gourmet Specials welcomes all visitors and customers, which provides its
service to you subject to the following Terms of Conditions("TOC"), which
may be updated by us from time to time without notice to you. You may,
however, check periodically for an updated version of our Terms of
Conditions. In addition, when using certain or all services provided by
Gourmet Specials, you shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time.
All such guidelines or rules including but not limited are hereby incorporated
by reference into the TOC. Gourmet Specials may also add other services that are
governed by different Terms of Conditions.
2. Description of Service
Gourmet Specials provide its potential customers with a feature of several
introductory products, as a new expanding enterprise. Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new properties of Gourmet Specials,
shall be subject to the TOC. Although Gourmet Specials makes every effort
to provide accurate descriptions for all displayed products, you understand
and agree that the Service is provided "AS-IS" and that Gourmet Specials,
assumes no guaranteed of the responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings due to circumstances beyond our control. However, we will make
reasonable arrangements to have all products delivered in a timely fashion.
3. Registration Obligation
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or Gourmet Specials has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
Gourmet Specials, has the right to terminate or suspend your account and
refuse any and all current or future use of the Service
(or any portion thereof). You must be at least 18 years of age to create an
account on Gourmet Specials.
4. Member Account, Password, and Security
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Gourmet Specials via e-mail of any unauthorized use of
your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Gourmet
Specials cannot and will not be liable for any loss or damage arising from
your failure to comply with this section.
5. Member Conduct
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable.
b. impersonate any person or entity, including, but not limited to,
Gourmet Specials officials, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
c. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service.
d. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
e. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party.
f. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation, except
in those areas (such as shopping) that are designated for such purpose.
g. upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
h. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service.
i. intentionally or unintentionally violate any applicable local, state, national
or international law. j. "stalk" or otherwise harass another; and/or collect or
store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through i above.
You acknowledge that the owners of this website shall have the right to
remove any Content that violates the TOC or is otherwise objectionable.
You acknowledge, consent and agree that we may access, preserve and
disclose your account information and Content if required to do so by law or
in a good faith and belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the
TOC; (c) respond to claims that any Content violates the rights of third
parties; (d) respond to your requests for customer service; or (e) protect the
rights, property or personal safety of Gourmet Specials, its users and the
public. You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
You agree to indemnify and hold Gourmet Special's website harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit or
otherwise make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOC, or your violation
of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service
(including your Special Gourmet ID), use of the Service, or access to the
8. MODIFICATIONS TO SERVICE
Gourmet Specials reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice.
You agree that Gourmet Specials may, under certain circumstances and
without prior notice, immediately terminate your account, any associated
email address, and access to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOC or other
incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or
problems, (f) extended periods of inactivity, (g) engagement by you in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by
you in connection with the Services. Termination of your Gourmet Specials
account includes (a) removal of access to all offerings within the Service.
Further, you agree that all terminations for cause shall be made in
Gourmet Specials sole discretion and that Gourmet Specials shall not be
liable to you or any third party for any termination of your account, any
associated email address, or access to the Service.
10. Engagement With Advertisers
Any advertisements that are made or participated by you, found on this
website, shall be between you and the advertiser(s). You acknolwdege and
agree that Gourmet Specials shall not be held responsible, or liable for any
transactions setforth by the advertiser(s). This includes but not limited to,
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations.
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because we has no control over such sites
and resources, you acknowledge and agree that we 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. You further
acknowledge and agree that Gourmet Specials 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.