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.
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
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.
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.
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 firstname.lastname@example.org. However, your sole and exclusive legal remedy is to stop using the Site.
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.
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 Delaware 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 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 relating to the Site or its Contents. Any other agreements between you and Gorton’s are superseded and have no force or effect.
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.