This is the Terms of Service (the “Terms of Service” or “Agreement”) is for Gourmet Jr website at www.gourmetjr.com, (the “Site”) operated by Gourmet Jr. Corp., a Florida corporation (“Gourmet Jr” or “we” or “us”), which includes the Site and any other applications, interactive features, widgets and resources offered by Gourmet Jr through the Site any and all associated services provided by Gourmet Jr in connection with any of the foregoing (all of which, are collectively referred to the “Service”). Please read these Terms of Service carefully before using the Service offered by GOURMET JR or entering the Service.
We reserve the right, in our sole discretion, to change these Terms of Service at any time, and will publish a revised version of these Terms of Service on the Service with the new “Last Updated” date as indicated at the end of this Agreement. Continued access to and use of the Service following any such change means you accept and will abide by the changes. In the event of a material change that may directly affect your account, we will notify you such as by posting a pop-up message in the Service, or updating the “Last Updated” date below.
2. Ownership of Service and Gourmet Jr Content
You agree that the Service contains Gourmet Jr Content specifically provided by GOURMET JR, its business partners and other Gourmet Jr users and that such Gourmet Jr Content is protected, (individually or as a collective work or compilation) by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The elements of the Gourmet Jr Content (collectively, “Gourmet Jr Content”) include without limitation, the user interface, interactive features, button icons, content, software, code, data, art, graphics, animation, videos, images, text, music, videos, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, navigation, compilation, trade dress and stylistic convention of the Service and other materials you may view on or access through the Service. Your use of the Service does not give you ownership of any Gourmet Jr Content not submitted by you.
3. Use of Gourmet Jr Content
You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Gourmet Jr Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, or (ii) in any way that violates any third party right.
Subject to your complete and ongoing compliance with this Agreement, Gourmet Jr hereby grants you a revocable, exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service for your personal, non-commercial use and solely in strict compliance with the provisions of this Agreement.
All trademarks, logos, service marks and trade names, which includes “GOURMET JR” and the kid logo (collectively, the “Trademarks”) displayed on the Service or on Gourmet Jr Content are registered or unregistered Trademarks of GOURMET JR, its business partners and/or others, and may not be used unless authorized by the Trademark owner. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service.
5. User Submission
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“User Submission”). By submitting any User Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gourmet Jr under any fiduciary or other obligation, and that we are free to use the User Submission without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Gourmet Jr does not waive any rights to use similar or related ideas previously known to Gourmet Jr, or developed by its employees, or obtained from sources other than you.
6. Prohibited User Conduct
You warrant and agree that, while accessing or using the Service, you will not, nor will you assist or permit any person, to:
make unauthorized copies of any content made available on or through the Service;
submit any materials or communicate any information that is (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
use the Service in violation of the intellectual property or other proprietary or legal rights of GOURMET JR or any third party;
use the Service that GOURMET JR find, in its sole discretion, to use GOURMET JR’s resources or Gourmet Jr Content with the effect of or displacing the market for GOURMET JR;
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;
attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
delete or alter any material Gourmet Jr or any other person or entity posts on the Service;
access, tamper with, or use non-public areas of the Service, the Gourmet Jr’s (and its hosting GOURMET JR’s) computer systems and infrastructure, or the technical delivery systems of the Gourmet Jr’s providers;
violate any applicable federal, state, or local laws or regulations or the terms of this Agreement.
You alone are responsible for the consequences of any of your activities while you are visiting or using the Service.
You agree to indemnify and hold Gourmet Jr (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Gourmet Jr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Gourmet Jr. Gourmet Jr will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Void Where Prohibited
GOURMET JR controls and operates the Service from offices in the United States. We make no representation that Gourmet Jr Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Any content, offer or service on the website is void where prohibited and the user automatically indemnifies GOURMET JR from any legal or statutory outcomes resulting from their decision or action. GOURMET JR reserves the right to block access to the Service by certain international users. When you access the Service, you are responsible for compliance with all applicable local laws.
9. Warranty Disclaimer
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND GOURMET JR (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT WILL ANY GOURMET JR PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH GOURMET JR PARTY HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES. GOURMET JR’s LIABILITY, AND THE LIABILITY OF ANY OTHER GOURMET JR PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE YOU HAVE PAID US FOR THE PAST THREE MONTS AND U.S. $10.
The Service is operated by GOURMET JR from its facilities in the United States. GOURMET JR makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Third Party Links and Ads; Release
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Gourmet Jr, and Gourmet Jr is not responsible for any Third-Party Links & Ads. Gourmet Jr provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Release. You hereby release and forever discharge the Gourmet Jr (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12. Interstate Nature of Communications
When you visit our Service, you acknowledge that in using the Service, you will be causing communications to be sent through GOURMET JR’s computer networks, portions of which may be located in various locations in the United States and portions of which are located abroad. As a result, and also as a result of GOURMET JR’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature will result in the transmission of U.S. interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in U.S. interstate data transmissions.
13. Special Note to International Users
14. Modification. Gourmet Jr reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Gourmet Jr will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
15. No Support or Maintenance. You acknowledge and agree that Gourmet Jr will have no obligation to provide you with any support or maintenance in connection with the Site.
16. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account, if you own one) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Gourmet Jr will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account (if you own one).
All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
17. Electronic Communications.
The communications between you and Gourmet Jr use electronic means, whether you use the Site or send us emails, or whether Gourmet Jr posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Gourmet Jr in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Gourmet Jr provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
18. Dispute Resolution
Any dispute relating in any way to your use of the Site shall be submitted to confidential arbitration in Boca Raton, Florida, except that, to the extent you have in any manner violated or threatened to violate the Site’s intellectual property rights, Gourmet Jr. may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction and you consent and submit to the personal and exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree that GOURMET JR may assign any of its rights and licenses granted hereunder and/or transfer, sub-contract or delegate any of its obligations under this Agreement without restriction. This Agreement is personal to you and you may not transfer or assign it to a third party.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
GOURMET JR may provide you with notices, including those regarding changes to these Terms of Service, by postings on the Service. You may provide GOURMET JR with notices only by mail to the address indicated below:
GOURMET JR. CORP.
21301 POWERLINE RD SUITE 207 BOCA RATON, FL 33433
This Agreement constitutes the entire agreement between you and GOURMET JR with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GOURMET JR with respect to the Service. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to GOURMET JR.
August 25, 2017