CY’s Gourmet (hereinafter "CYG") provides its services to you subject to the following conditions.
If you visit or shop within this website, you accept these conditions. Please
read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit cysgourmet.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of CYG or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of CYG, with copyright authorship
for this collection by cysgourmet.com.com, and protected by U.S. and international
copyright laws. The software application provider and author for "osCommerce",
is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit
for osCommerce remains the intellectual rights of www.oscommerce.com
TRADEMARKS
CYG' trademarks may not be used in connection with
any product or service that is not CYG', in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
CYG. All other trademarks not owned by CYG that appear
on this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by CYG.
LICENSE AND SITE ACCESS
CYG grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of CYG. This license
does not include any resale or commercial use of this site or its contents: any
collection and use of any product listings, descriptions, or prices: any derivative
use of this site or its contents: any downloading or copying of account information
for the benefit of another merchant: or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of CYG.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of cysgourmet.com.com and our associates without express written consent. You
may not use any meta tags or any other "hidden text" utilizing the CYG name or trademarks without the express written consent of CYG.
Any unauthorized use terminates the permission or license granted by CYG.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use our website only with involvement
of a parent or guardian. CYG and its associates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam." You
may not use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a card or other content. CYG reserves
the right (but not the obligation) to remove or edit such content, but does not
regularly review posted content. If you do post content or submit material, and
unless we indicate otherwise, you grant CYG a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant CYG and
its associates and sub licensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post, that
the content is accurate, that use of the content you supply does not violate this
policy and will not cause injury to any person or entity, and that you will indemnify
CYG or its associates for all claims resulting from content you supply.
CYG has the right but not the obligation to monitor and edit or remove
any activity or content. CYG takes no responsibility and assumes
no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from cysgourmet.com.com are made pursuant to a shipment contract.
This basically means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
If a product offered by CYG itself is not as described, your sole
remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CYG ON AN "AS IS" AND "AS
AVAILABLE" BASIS. CYG MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, CYG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. CYG DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM CYG ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. CYG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting cysgourmet.com.com, you agree that the laws of the State of Utah,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and CYG
or its associates.
DISPUTES
Any dispute relating in any way to your visit to cysgourmet.com.com or to products
you purchase through cysgourmet.com.com shall be submitted to confidential arbitration
in Utah, except that, to the extent you have in any manner violated or threatened
to violate CYG intellectual property rights, CYG may
seek injunctive or other appropriate relief in any state or federal court in the
state of Utah, and you consent to 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' award shall
be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted
on this site. These policies also govern your visit to cysgourmet.com.com. We
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related
material can be directed to our support staff by clicking on the "Contact
Us" link in the side menu. |
