Gorton's Fresh Seafood, LLC. 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.
User Representations and Acceptable Use Policy
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you submit to the Site. You must be at least eighteen years old. You further represent and warrant that your use of the Site and of any Content on the Site shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violation or lack of rights.
The following requirements apply to your use of the Site, and Gorton's Fresh Seafood including, without limitation, any interactive available functionalities:
- You will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Gorton's Fresh Seafood for any purpose.
- You are responsible for maintaining the confidentiality of your User ID (i.e. your email address) and password required for creating an account.
- You will not hold Gorton's Fresh Seafood liable for any misuse of your User ID and your password due to activities of third parties outside the reasonable control of Gorton's Fresh Seafood.
- You will not collect or store personal data about other users.
- You will not upload, post, email or otherwise transmit via this Site or to any of its users any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
- You will not upload, post, email or otherwise transmit via this Site any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not post materials containing links to any sites that violate any section of this Legal Information, including but not limited to commercial or advertising content.
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 Fresh Seafood property. This includes personal information about you and your use of the Site. Please review our Privacy Policy for more information.
You promise that no information or material you transmit to Gorton's Fresh Seafood 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.
Site Content
You should assume everything you see, hear, or otherwise receive from or on the Site (the "Content") is protected by copyright, trademark, trade dress or other intellectual property owned and/or licensed by Gorton's Fresh Seafood. The Content includes 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 print the Content solely for your personal, noncommercial purposes, provided you do not remove any copyright and other proprietary notices from them. No other type of use is permitted. 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 is strictly prohibited
The Content may contain inaccuracies or typographical errors. Gorton's Fresh Seafood 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 of 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.
Digital Millennium Copyright Act Compliance Policy
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
- A statement that this person is authorized to act on behalf of the copyright owner;
- A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site; and
- Your address, telephone number, and e-mail address.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: customerdept@gortonsfreshseafood.com.
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act ("DMCA"), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.
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. For information about the freshness of our products, please visit the "Freshness Guarantee" which explains how our products our selected, packaged and shipped.
Links to Other Sites
If you have any concerns regarding any third-party site linked to or from the Site, please direct them to the owner or operator of the third-party site. Gorton's Fresh Seafood is not responsible for any linked third-party sites, services or other materials linked to or from the Site, and disclaims all liability for any injury or damages you may experience by using such materials. Links to third-party sites are provided for your convenience only and are provided AS IS.
Disclaimer
Gorton's Fresh Seafood 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 Fresh Seafood 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 Fresh Seafood 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 FRESH SEAFOOD 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 FRESH SEAFOOD 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 FRESH SEAFOOD IS NOT RESPONSIBLE FOR THOSE COSTS. If you are dissatisfied with the Site, any of its Content, or any of these Terms, we would like to hear from you. You may contact us at Gorton's Fresh Seafood. However, your sole and exclusive legal remedy is to stop using the Site
Indemnification
You agree to defend, indemnify and hold Gorton's Fresh Seafood 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.
Miscellaneous
Unless otherwise specified, Gorton's Fresh Seafood displays this Site and its Content solely to market, promote and sell Gorton's Fresh Seafood products and services in the United States. Gorton's Fresh Seafood will not accept or ship orders outside of the United States. Gorton's Fresh Seafood controls and operates this Site from its offices in Gloucester, Massachusetts.
These Terms shall be construed according to Delaware law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Content, 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 Delaware. 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 Fresh Seafood relating to the Site or its Content. Any other agreements between you and Gorton's Fresh Seafood are superseded and have no force or effect.
Termination
If Gorton's Fresh Seafood believes you have failed to comply with these Terms, or for any other or no reason, Gorton's Fresh Seafood 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.