THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
Last Updated: February 3, 2021
Your use of the Site constitutes your acceptance of, and agreement to, the following Terms and Conditions. MGC reserves the right to modify, alter, amend or update its Site, policies and these Terms and Conditions. These Terms and Conditions are subject to change without notice. If you do not agree with or do not accept any part of these Terms and Conditions, you must not use the Site. Your continued use of any part of the Site constitutes your acceptance of such changes to the Terms and Conditions. You should review the Terms and Conditions periodically to determine if any changes have been made.
MGC has made every effort to ensure that all information on the Site is true and accurate as of the date of posting. Given the nature of the information, prices and availability may not be accurate when you access the information.
MGC disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Site.
The Site is for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Site. MGC makes no representations, warranties or guarantees. You understand that results may vary from person to person. MGC assumes no responsibility for errors or omissions that may appear in the Site.
USE OF THE SITE
Unless otherwise stated, MGC owns the intellectual property and rights to all content and material it creates that is presented on the Site. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for personal use and caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
The following uses are not permitted:
- Republication of content from the Site, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Site;
- Reproduction or duplication of any content on the Site for commercial purposes;
- Modification of any content on the Site, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Site, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Site is included.
From time to time, the Site will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of MGC’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to MGC or its specific online property.
You must not use the Site in a way that causes, or may cause, damage to the Site or impairs the availability of access to the Site. You must not decompile, reverse engineer, disassemble or otherwise reduce the Site, except to the extent that such activity is expressly permitted by applicable law. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Site without MGC’s express written permission.
You must not use the Site to transmit or send any unsolicited commercial communications.
You must not use the Site for any third-party marketing without MGC’s express written permission.
All original materials provided by MGC are owned by MGC. Any original materials are provided for your individual, non-commercial use only. You are not authorized to use or transfer any of MGC’s intellectual property except as permitted by MGC either in writing or as allowed by the functionality of Site features. All intellectual property remains the property of MGC. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. MGC will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Site constitute MGC’s intellectual property, but not limited to, patents, trademarks, service marks, trade secrets, trade dress, and copyrights (“MGC IP”). You are not authorized to use any MGC IP without MGC’s express consent. Ownership of MGC IP remains with MGC and You agree not to make any claims or assertions of any other party’s ownership of MGC IP.
All of MGC’s trademarks, whether registered or not, are protected by United States trademark law.
MyGourmetConnection is a United States federal registered trademark of MGC.
You acknowledge and agree that in the event of certain breaches of the Terms and Conditions, MGC may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that MGC shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Unless otherwise noted, the design, content and all components of the Site are copyrights owned by MGC or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Site will legally utilize copyrighted materials owned by third parties related to MGC’s services. These copyrights are the respective property of their owners.
MGC’s trademarks and trade dress may not be used in connection with any product or service that is not MGC’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits MGC, any online properties owned or managed by MGC, or the experts featured on the Site.
From time to time, the Site will legally utilize trademarks owned by third parties related to MGC’s services. These trademarks are the respective property of their owners.
From time to time, the Site may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with MGC to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, MGC endeavors to ensure that all such advertisements on the Site are clearly and conspicuously disclosed.
Even though compensation (i.e., cash, free product, services) is received in exchange for this sponsored content placement, MGC requires all content creators to provide their honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Site are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
From time to time, the Site may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Site will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
MGC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for site to earn advertising fees by advertising and links to Amazon.com. As an Amazon Associate, MGC earns from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
GRANT OF RIGHTS
You grant MGC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Site. This includes, but is not limited to, text, images, and comments. This license extends to all known and future media. You also grant MGC the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Site, you represent that you have the right to grant these permissions for use of such content by Site, MGC and MGC’s sublicensees.
CONTENT CONTRIBUTED TO THE SITE
Any content you contribute to the Site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or MGC or a third party. The accuracy, completeness, honesty, factuality, and politeness of comments are not guaranteed.
MGC reserves the right to edit or remove: (i) any material submitted to the Site; (ii) stored on MGC’s servers; or, (iii) hosted or published on the Site. MGC takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding MGC’s rights under the Terms and Conditions, MGC does not undertake to monitor the submission of all content to, or the publication of such content on, the Site and is not responsible for such content. By commenting on the Site, you grant MGC a world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your comments (in whole or in part) and to incorporate your comments into other works in any format or medium now known or later developed.
MGC’s Site and associated social platform accounts may offer the option for you to leave comments or otherwise engage with posts. The following types of comments will not be tolerated and will be deleted:
- copyrighted content which you do not own or have the legal right to use;
- rude or disrespectful content;
- harassment directed toward any content creator or MGC;
- hate speech;
- defamatory to MGC or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
MGC’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
From time to time, the Site will publish content with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner whenever possible. If you believe that your copyrighted work has been used on the Site in a way that constitutes copyright infringement and falls outside of fair use, please send a request via our Contact Page and we will remove the image as soon as is practicable.
If you send MGC an email, register for our email communication, or provide your email to MGC in any other way, you consent to receive communications from MGC electronically. You agree that all legal notices provided via electronic means from MGC satisfy any requirement for written notice.
The Site may contain links to third-party websites that are not governed or controlled by MGC. You represent and warrant that you have read and agree to be bound by all applicable Terms and Conditions and policies for any third-party website that relates to your use of the Site. MGC assumes no control or liability over the content of any third-party sites. You expressly hold harmless MGC from any and all liability related to your use of a third-party website.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Site, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Site, you expressly hold MGC harmless from any and all liability in any dispute.
The Site does not knowingly collect any personally identifiable information from children under the age of 18. If a parent or guardian believes that the Site has personally identifiable information of a child under the age of 18 in its database, please contact us immediately via our Contact Page and we will use our best efforts to promptly remove such information from our records.
The Site is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. MGC makes no representations or warranties in relation to the Site, or the information and materials provided therein.
MGC makes no warranty the Site will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Site. MGC is not responsible to you for the loss of any content or material uploaded or transmitted through the Site.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, MGC AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS SITE OR THE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
You agree to defend, indemnify and hold MGC, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which MGC suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms and Conditions (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Terms and Conditions will be governed and construed in accordance with the laws of the state of Florida without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Orange County, Florida. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms and Conditions. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
If any provision(s) of the Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms and Conditions may not be assigned by you without MGC’s prior written consent, however, the Terms and Conditions may be assigned by MGC in its sole discretion.
The Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the Site offered by, and the Products sold by MGC.
The failure of MGC to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms and Conditions by MGC must be in writing and signed by an authorized representative of MGC.
If you have questions about these Terms and Conditions or need to reach us for any reason, please visit our Contact Page.