TERMS OF USE

The services and functionalities offered on this website (“Services”) and provided by Palmetto Gourmet Foods, Inc. and its affiliated entities (collectively, “Palmetto”) are subject to the following Terms of Use. By visiting this website (Website”) you (“You”, “Your” or the “User”) accept these Terms of Use and the terms of Palmetto’s Privacy Policy which are incorporated herein by reference, and agree to be bound by them. If You do not agree to these terms, then please do not use the Palmetto Website. Palmetto reserves the right to change or amend these Terms of Use and/or the Privacy Policy at any time and to notify You by posting an updated version of the Terms of Use on this Website. The amended Terms of Use or Privacy Policy, as the case may be, shall be effective immediately upon posting.

  1. INTELLECTUAL PROPERTY RIGHTS
  • Intellectual Property Rights. The Services and any information and content including but not limited to any software programs, music, sound, photographs, video, graphic or other materials available on or through the Website (collectively, the “Contents”) are owned by Palmetto and/or its licensors and are protected by applicable domestic and international copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are strictly prohibited from and shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any portion of the Contents, in whole or in part. Any rights not expressly granted to You are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

  • Limited License. Palmetto hereby grants You a limited license to access this Website and use the Services only as permitted herein and subject to these Terms of Use. As a condition of Your use of the Contents, You agree not to use the Contents for any purpose that is unlawful or prohibited by these Terms of Use. The Contents are provided for personal use only. Any unauthorized commercial use of the Contents, or the resale of the Contents, is expressly prohibited. You also agree to abide by all applicable local, provincial, federal, state, national and international laws and regulations and, to the extent that you have created an account on this Website, are solely responsible for all acts or omissions that occur under Your account or password.

 

  • You agree that You will not alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble or Reverse Engineer the Contents, or attempt to do so, or permit, acquiesce, authorize or encourage any other party to do the same. For the purpose of this Agreement, “Reverse Engineer” includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or data, software (including interfaces, protocols and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or any method or process of obtaining or converting any information, data or software from one form into a human-readable form.
  1. AVAILABILITY AND USE OF THE WEBSITE
  • The Services are provided for Your convenience only and may be modified or removed at any time from this Website, or they may be unavailable from time to time.

 

  • Links; Third-Party Content and Websites. This Website may contain links to websites that are not owned or controlled by Palmetto. These links are provided for Your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Palmetto. Palmetto assumes no responsibility for the content, privacy policies, or other practices of third-party websites. You are encouraged to read the terms and other policies of such websites. By using this Website, You agree that Palmetto shall not be liable in any manner in connection with Your use of any third-party contents or website and You expressly relieve Palmetto from any and all liability arising from such use. You may not create a link to this Website without the prior written consent of Palmetto.

 

  • Transmission of Personal Data. You acknowledge and agree that by providing Palmetto with any personal or proprietary user information through the Website, You consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Palmetto’s standard business practices. You should be aware that third-party linked websites may contain transmission of personal data provisions that differ from the provisions provided herein. Palmetto is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

 

  • Nature of Content. The Website is not intended for use by children under the age of 13. Furthermore, the Contents in this Website may not be legal, appropriate or available for use in all geographic locations. Those who choose to access this Website do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent such local laws are applicable. The products referred to on this Website may not be available in your area.

 

  • Registration and Account. When registering Your account, You must provide accurate and complete information as requested, including a valid email address.

 

  • Username/Password. Palmetto may issue You a username and/or password or other means for access to certain portions of, or services provided via the Website. You must hold and secure any such information as strictly confidential. Accordingly, You shall not allow any other person to access or use of such username or password. Palmetto shall not be responsible whatsoever in the event that Your password is misappropriated by a third party. You must notify Palmetto immediately of any breach of security or unauthorized use of Your account. Although Palmetto will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses incurred by Palmetto or others due to such unauthorized use. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

 

  • Use of “Cookies”. Palmetto reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Website to reflect users’ preferences. The Palmetto [[[Privacy Policy]]] provides additional information regarding Palmetto’ use of cookies.

 

  • Use of Personal Contact Information Provided. Palmetto may use the personal contact information collected from You (email address, telephone number or postal address) to contact You for customer service and survey purposes. We may also use Your contact information to send You marketing or promotional materials. You may opt out of receiving promotional and/or marketing materials by following the “Unsubscribe” link once You receive the first such communication from Palmetto.
  1. Your information and materials
  • You may from time to time post information, materials, ideas, opinions, concepts, votes, know-how, techniques, creative ideas or any content (collectively “Your Materials”) on this Website or transmit Your Materials to Palmetto through this Website. You understand and agree that Palmetto may, at its sole discretion, decide post or not to post Your Materials on this Website or make modifications to Your Materials prior to posting it. You further understand and agree that Palmetto assumes no responsibility for reviewing unsolicited ideas for its business (like product or advertising ideas) and will not incur any liability as a result of any similarities between Your ideas and/or Your Materials and future Palmetto products or programs. This means that Palmetto has no obligation to treat Your Materials, including without limitation Your idea submissions, confidentially. You hereby grant to Palmetto a worldwide, irrevocable, royalty-free, perpetual licence to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, broadcast, communicate to the public by telecommunication or circulate Your Materials and to sub-licence any such rights. To the extent applicable, You hereby waive all moral rights that You may have in Your Materials. You further represent and warrant that You are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights of any third party, or violate any law.

 

  • Messages submitted to this Website by electronic mail or otherwise, including without limitation any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a message to this Website, You acknowledge that any information disclosed by You therein may be used by any third party, is not confidential and may be read or intercepted by others, creates no confidential, fiduciary, contractually implied or other relationship between You and Palmetto other than pursuant to these Terms of Use and is subject to the grant of rights regarding Your Materials as provided above.

 

  • You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors.

 

  • You further agree that Your use of this Website will be in compliance with all applicable laws and regulations and that You will not: (i) use this Website to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Website for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Website or obtain or bypass others’ passwords; (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Website or the internet with useless traffic, or (xi) use this Website to send computer programmes to others.

 

  1. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
  • Disclaimer of Warranty and Limitation of Liability. By using the Website and the Contents, You expressly agree that such use is at Your sole risk. The Website and the Contents are provided on an “AS IS” and “as available” basis. Neither Palmetto nor its affiliated entities nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) make any representation or provide a warranty with respect to this Website or the accuracy, integrity or completeness of the Contents, the or such links, products, functionalities and services offered or contained herein. Palmetto and its Affiliates disclaim all representations, warranties, guarantees and conditions, including without limitation representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for a particular purpose, non-infringement of third-party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to this Website, the Content or any links, products, functionalities or services provided through this Website.

 

  • NEITHER PALMETTO NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF or in connection with: this Website; the Contents, information, qualification and recommendations appearing on this Website; any links, products, functionalities or services offered through, contained in or advertised on this Webite; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use this Website whether or not arising from breach of contract, tort, civil liability or otherwise and even if Palmetto has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law.
  • PALMETTO’S TOTAL LIABILITY TO YOU PURSUANT TO THE TERM OF THIS AGREEMENT SHALL BE EXPRESSLY LIMITED TO $100USD.

 

  • WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF PALMETTO AND ITS AFFILIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  • Indemnity. You agree to defend, indemnify and hold harmless Palmetto and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Website or Contents; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. These defense and indemnification obligations will survive these Terms of Use and Your use of the Contents or Website.
  1. Contests and coupons

This Website may run contests and other promotional activities from time to time. All such contests and other promotional activities will be subject to the applicable contest or promotion rules. By entering into the contest, You signify Your agreement to the applicable contest and other promotional activity rules as well as the terms set out in these Terms of Use.

All coupons provided on this Website are subject to the Terms of Use applicable to such coupons.

  1. GENERAL TERMS
  • Notices by Palmetto to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to clientcare@palmettogf.com; (ii) Mail and courier deliveries must be sent to: Palmetto Gourmet Foods, Inc., 782 Columbia Hwy, Saluda, SC 29138, United States.

 

  • Written Agreement. These Terms of Use constitute a written agreement between You and Palmetto. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

  • Entire Agreement. These Terms of Use constitute the entire agreement between You and Palmetto related to this Website. These Terms of Use supersede all prior written, oral, or electronic agreements between You and Palmetto relating to this Website.

 

  • Limitation of Cause of Action. You and Palmetto agree that any cause of action arising out of or related to the Services, the Contents or your use of the Website must commence within one (1) year after the cause of action arose or be forever barred.

 

  • Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13. If You are under 13 years of age, then please do not use this Website.

 

  • You may not assign Your rights and obligations hereunder. However, Palmetto’s rights and obligations are fully assignable.

 

  • Palmetto has the right to modify these Terms of Use and any policies affecting the Website. Any modification is effective immediately upon posting to the Website. Your continued use of the Website shall be conclusively deemed an acceptance of all such modification(s). Furthermore, Palmetto has the right to modify, suspend or discontinue the Website or any portion thereof at any time.

 

  • Waiver and Severability. The failure of either party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect.

 

  • Privacy Policy. It is Palmetto’s policy to respect the privacy of our users. Please click on the “Privacy Policy” hypertext link located at the bottom of our Website pages to view our policy. Please review this Privacy Policy and print a copy for Your records. This Website does not intend to target or collect personal information from individuals under the age of majority.

 

  • Access to Your User Account. You specifically agree that Palmetto may access Your user account where necessary.

 

  • Termination or Discontinuance of Service by Palmetto. Palmetto may terminate Your access to any part or all of this Website at any time.

 

  • Palmetto reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Website. Furthermore, if we believe that You have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including Your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. Palmetto reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

 

  • The provisions of these Terms of Use relating to indemnification, limitations on liability, warranty limitations and disclaimers shall survive the termination of Your use of or access to the Website.

 

  • Governing Law/Forum Selection. These Terms of Use are governed by the laws of the State of South Carolina to contracts made and performed solely in the State of South Carolina, without regard to conflict of laws principles. The parties irrevocably attorn to the jurisdiction of the courts of the State of South Carolina.

© 2020 Palmetto Gourmet Foods, Inc. All Rights Reserved.