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Legal Information
Gorton's may change these Terms any time. By using the Site after a change,
you agree to follow and be bound by the Terms as changed. Please read
these Terms regularly.
Site Contents
You should assume everything you see, hear, or otherwise receive from
or on the Site (the "Contents") is copyright, trademark, trade
dress or other intellectual property owned and/or licensed by Gorton's.
The Contents include images, illustrations, designs, icons, photographs,
trademarks, logos, text, software, sounds, music, the Site as a whole
and any other materials at the Site.
You may use or download the Contents solely for your personal, noncommercial
purposes, provided you keep all copyright and other proprietary notices
with them. No other type of use is permitted. Downloading or copying Content
does not transfer any right, title or interest in any Content to you.
The downloading or export of software or technical data from this Site
to any jurisdiction in violation of United States export laws and is strictly
prohibited.
The Contents may contain inaccuracies or typographical errors. Gorton's
makes no representations about the accuracy, reliability, completeness,
or timeliness of the Content or about the results to be obtained from
using the Site and the Content. The use the Site and the Content is at
your own risk. Changes are periodically made to the Web Site and may be
made at any time.
User Comments and Submissions
We welcome your comments regarding our Site, our products and our services.
However, any idea, suggestion, or other information you transmit to the
Site is, and will be treated as, non-confidential and non-proprietary.
Any comment, idea, suggestion, response or other material or information
you or others transmit to us through this Site or otherwise shall become
entirely Gorton's property. This includes personal information about you
and your use of the Site. Please review our Privacy Policy Statement for
more information.
You promise that no information or material you transmit to Gorton's will
violate anyone else's right, including copyright, trademark, privacy or
other rights. You may not transmit any information that is or contains
threatening, libelous, defamatory, scandalous, inflammatory, pornographic,
profane or otherwise unlawful, abusive or obscene material. You shall
be solely responsible for the content of any Comments you make.
Product Information
We have tried to accurately display the colors of our products on the
Site. However, the colors you see will depend on your monitor and its
settings. We cannot guarantee that your monitor's display will be accurate.
Links to Other Sites
If you have any concerns regarding any outside site linked to or from
the Site, please direct them to the owner or operator of the outside site.
Gorton's is not responsible for any outside sites, services or other materials
linked to or from the Site, and disclaims all liability for any injury
you may experience by using such materials.
Disclaimer
Gorton's and its affiliates expressly disclaim all warranties, either
expressed or implied, oral or written, including, but not limited to any
implied warranty of merchantability or fitness for a particular purpose.
This disclaimer of warranties does NOT affect the terms of our manufacturer's
guarantee. Gorton's also does not warrant your use of the Site, the operation
or function of the Site, or any services offered through or from the Site,
will be uninterrupted or error free. Nor does Gorton's warrant that this
Site or its server, or any services offered through or from the Site are
free of viruses or other harmful elements.
GORTON'S SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR
INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF
OR DAMAGE TO PROPERTY, EVEN IF GORTON'S HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE SITE, CONTENT OR ANY SERVICES OR SOFTWARE
OFFERED THROUGH OR FROM THE SITE RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, GORTON'S IS NOT RESPONSIBLE FOR THOSE COSTS.
If you are dissatisfied with the Site, any of its Contents, or any of
these Terms, we would like to hear from you. You may contact us at Gorton's
info@gortons.com.
However, your sole and exclusive legal remedy is to stop using the Site.
Indemnification
You agree to defend, indemnify and hold Gorton's harmless from and against
any claims, damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site or any services offered through
or from the Site, or your violation of any of these Terms and Conditions.
Miscellaneous
Unless otherwise specified, Gorton's displays this Site and the Contents
solely to market and promote Gorton's products and services in the United
States. Gorton's controls and operates this Site from its offices in Gloucester,
Massachusetts.
These Terms shall be construed according to Deleware law, without regard
to conflicts of laws. Any dispute arising under or relating to these Terms,
the Contents, the use of the Site, products or services purchased using
this Site, or any services offered through or from the Site, shall be
resolved exclusively by the state and federal courts of the State of Deleware.
Your use of the Site constitutes your consent to the jurisdiction and
venue of said courts with respect to any such dispute.
These Terms are the entire agreement between you and Gorton's relating
to the Site or its Contents. Any other agreements between you and Gorton's
are superseded and have no force or effect.
Termination
If Gorton's believes you have failed to comply with these Terms, or for
any other or no reason, Gorton's may deny you access to the Site immediately
without notice. The restrictions, including restrictions with respect
to the Content, disclaimers and liability limitations in these Terms shall
continue to apply. Upon denial of access, you must promptly destroy all
Content downloaded or obtained from this Site, as well as all copies of
Content.
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