Gillette Creamery

Terms of Use

Gillette Creamery Terms of Use

 
Welcome to the Gillette Creamery (“GC”) Site (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “GC,” “we,” “us” and “our” refer to Gillette Creamery.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND THE GC PRIVACY STATEMENT. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

1. Non-Commercial Use

This Site and its contents are for your own internal commercial or non-commercial use only.

2. GC Privacy Policy

Your use of this Site signifies your continuing consent to GC’s Privacy Policy, which you can examine any time by clicking on the “Privacy” link on the Site. Personal information that you supply to GC through this Site, and any information about your use of this Site that we obtain, will be subject to such Privacy Policy.

3. Proper Use of this Site
You may use GC for lawful purposes only and may use the Site only in ways consistent with the law.

4. Proprietary Rights; Restrictions
GC and its suppliers reserve all rights under intellectual property law in all graphics, text, and other content that is on the Site. Except as GC may expressly state in writing, you may not reproduce, reprint, publish, distribute, or otherwise exploit content or technology from GC or its suppliers on the Site without our express prior written consent. You may not use any program, spider or “bot” to gather or “harvest” information from this Site.

5. Changes to the Site and to the Terms of Use
We may discontinue or change any Site content, service, function or feature at any time with or without notice. We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

6. Age of Users
Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf.

7. Third Party Sites
GC may include on this Site links to third party websites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims of any third party content (such as an advertisement) on the Site. We are also not responsible for any transactions or dealings between you and any third party.

8. Disclaimer of Warranties
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, ERROR-FREE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

9. Limitation of Liability
We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. You may not assert claims for money damages arising from this Site or its contents. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of GC and its suppliers, shall be limited to the extent permitted by law.

10. Indemnification
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Electronic Communications
You agree that we may provide to you notices and other information concerning GC or this Site electronically, including notice to any email address that you may provide.

12. International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

13. Choice Of Law and Jurisdiction for Resolving Disputes
You agree that the laws of the State of New York USA and US federal law govern these Terms of Use, the subject matter hereof, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You and GC both submit to the exclusive jurisdiction of the state and federal courts located in New York,  New York, USA for the adjudication of any claim arising with regard to the Site or the Terms of Use or its subject matter.

14. Severability and Integration
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15. Termination
We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

16. Claims of Copyright Infringement
If you are a copyright owner (or an agent of the owner) and in good faith believe that material on this Site infringes your rights under copyright law, you may notify us by utilizing the following procedure.

Send your notice of infringement to our designated agent for receiving such notices:

Gillette Creamery
47 Steve’s Lane
Gardiner, NY 12525
Attention: Rich Gillette
Phone Number of Designated Agent: (800) 522-2507
Facsimile Number of Designated Agent: (845) 419-0901
Email Address of Designated Agent: RichG@gillettecreamery.com

To be effective, a notification of claimed infringement must be a written communication provided to the agent designated above that includes substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of an infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent,

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright © 2014 Gillette Creamery. All Rights Reserved.