- Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
- Invade another person’s privacy, stalk, harass, or otherwise violate the rights of others.
- Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, or is otherwise offensive or objectionable.
- Collect or store personal data about other users.
- Violate any other IEWG policy or guideline.
- Resell or redistribute the Service to any third party via any means including, but not limited to, wireless technology.
Intellectual Property Infringement
You may not use the Service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. IEWG assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
Commercial Use
The Service is designed for personal use and may not be used for commercial purposes. You may not resell or otherwise charge others to use the Service. You agree not to use the Service for any other business enterprise.
Misuse of Service
You are responsible for any misuse of the Service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the Service.
Hacking/Attempted Unauthorized Access
You may not use the Service to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person. The Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of an account you are not expressly authorized to access, or probing the security of the Service for any reason.
Security
You are solely responsible for the security of any device connected to the Service, including any data stored on that device. IEWG recommends that you take appropriate security precautions for any systems connected to the Service. You are responsible for securing any wireless (WiFi) networks connected to the Service.
Disruption of Service
You may not disrupt the Service in any manner
Viruses, Trojan Horses, and Worms
Content downloaded from the Service may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data
Conflict
In the event of a conflict between the Internet Service Agreement and this Policy, the terms of the Internet Service Agreement will prevail.
How to Contact IEWG
For any questions regarding this AUP, complaints of violations, or cancellation notices, please contact IEWG at one of the following:
Email: Visit http://www.ineverywaygourmet.com and check under “Contact Us”.
Phone: Visit http://www.ineverywaygourmet.com and check under “Contact Us”.
U.S. Mail: Visit http://www.ineverywaygourmet.com and check under “Contact Us”.
Your Online Privacy Rights as a IEWG Customer - Updated 11/15/2011
As a customer of a In Every Way Gourmet, Inc. (IEWG), you are entitled to know what we do with personal information about you that we receive. We consider our treatment of such information to be a part of the trust you place in us by using our Services. We have updated this notice to better answer questions you may have, but our basic privacy policy remains the same:
We gather only the personal information of our customers we need to provide our services, treat it as private, use it only for the services we offer you, do not sell it to others, and work to keep it secure. We will tell you in advance if there are ever any exceptions and give you the right to say no.
While we cannot cover here every situation where your personal information may be affected, we have included those we believe you are most interested in. We have updated our policy to add additional information on law enforcement requests and to revise our policies concerning password security. By law, 47 U.S.C. 551, we tell you annually about our privacy policy, and you can find additional and updated privacy policy information at any time by visiting our websites at http://www.ineverywaygourmet.com/. You can learn more about your privacy rights by visiting the websites of the Federal Trade Commission, http://www.ftc.gov and the Federal Communications Commission, http://www.fcc.gov. If you receive your bills electronically, this notice will be sent to you similarly. If you cannot print an electronic version or would like to receive a written copy in lieu of an electronic one, please contact us (see “How to Contact IEWG” above or visit the “Contact Us” section of ineverywaygourmet.com).
Information We Collect
Personally Identifiable Information - In providing services to you, we ask for certain “personally identifiable information”; that is, information that identifies you individually (“your information”). Your information may include, without limitation: name, home address, billing address, telephone numbers, social security number, driver’s license number, services you have selected, demographic information, user IDs, passwords, email addresses, correspondence and communications records. We maintain customer information concerning credit, billing and payment and services provided and other service-related functions. In providing our services, we may also collect other information concerning your preferences to aid in customer support.
It is our policy to collect only the personal information needed to provide the services we offer with the quality you desire and deserve. It is also our policy to keep that information secure. We take reasonable precautions to identify you or your authorized representative when we receive an inquiry on your account. We also take reasonable steps to protect your information from unauthorized access. We sometimes collect personal information for special reasons, such as registering at our Web site. In these instances, you will be notified before it is collected, told how it will be used and may elect not to participate.
Internet Services - Like most Internet service providers, we may automatically collect general information, such as the Internet Protocol (IP) addresses assigned (an identifier assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. Since we cannot control Web sites or Internet services operated by third parties, we recommend that you review the terms of service and privacy policies of those Web sites and services that you use. You can find more detailed information concerning our Online Privacy Policy at http://www.ineverywaygourmet.com/.
Use and Sharing
Use Policy - We consider your information confidential, and use it only in providing our services for such things as operations, administration, support, network management, maintenance, customer care, communications with you, billing and collection, and for accounting and tax purposes. We may also use such information in dealing with fraud and unauthorized use of our services. We use aggregate information about our customers and their usage for a variety of purposes. Such aggregate information does not identify individual customers. We may share such aggregate information with third parties, but will not share your own information without your permission. IEWG may associate your information with aggregate information or with information from others to better offer service preferences to you.
Sharing Policy - It is our policy not to disclose any personally identifiable information about you to others outside of IEWG and our affiliates, merchant dealers who opened your account, vendors and business partners without your prior consent. We do not sell or provide your personal information to parties unrelated to the services we provide without your permission. As a further measure, you can affirmatively opt out of such sharing by writing to the return address on your billing statement, or you may contact us, but understand that such a request will limit your ability to use the features and services we offer on the Site.
Special Exceptions - We reserve the right to disclose your information if we have a good faith belief that it is necessary to: (1) comply with the law or legal process served on us; (2) protect and defend our rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce our Internet Service Agreement and Terms of Use, or Acceptable Use Policy or related standards; or (5) act in an emergency to protect your safety or that of another. We may also share or transfer your information along with your account as a part of any sale or transfer all or a portion of our business operations, merger or combination with another organization. In such a case, you will be notified of any changes in policy.
Outside Parties - IEWG sometimes uses affiliates, vendors or partners in providing our services and may provide your information for such purposes. We require that outside parties maintain at least the same level of confidentiality that we maintain. In addition, any use by the vendor may not exceed that needed to provide its service. We do not share your information with other outside third parties without your consent. If you become a customer of a third party directly, you should review its privacy policy, as it may differ from ours.
Retention Policy - IEWG may retain personal customer information in its regular business records. Our security measures for this information are discussed below.
Internet Security
Taking Proper Precautions - Maintaining the security of your personal computer is an important part of protecting your own privacy and of helping us protect our network and customers service. You must follow our Internet Service Agreement and Terms of Use and Acceptable Use Policy and use and update regularly your antivirus software, firewall, wireless network security and your operating system to prevent harm and potential theft of data due to unauthorized access by others and viruses. You should regularly back up your computer to preserve your files, including email or other messages you want to keep. Persons with questionable intent may use the Internet or email to pose as someone you trust or do business with. You should always be sure whom you are dealing with before clicking on an Internet link or giving personal information. To avoid all these and other forms of attacks, we encourage you to visit the Federal Trade Commission (“FTC”) at http://www.ftc.gov for regular updates and tips on protecting yourself. While we take reasonable steps to protect your services, we highly recommend that you regularly change your login password, using hard-to-guess combinations of numbers and letters of at least eight characters in length. Once communications enter the Internet, it is possible for them to be accessed by third parties over whom we have no control. Moreover, since we cannot control web sites or services operated by third parties, you should review their terms of service and privacy policy.
Spam - IEWG tries to block incoming and outgoing spam using a variety of methods, and we encourage your help by preventing unauthorized access to your computer. We suggest that you remain up-to-date on ways to avoid and combat spam. We may use email to send transactional, informational, or relationship messages related to your service. If you prefer, you may opt-out of other marketing messages we may send by notifying us in response to any you may receive.
Cookies - A third party ad server that places ads on our websites may use “cookies” to collect anonymous information about your visit to our website and to manage information concerning your preferences. A “cookie” is a computer code added to a file on your computer as a record of its visit. It does not collect or provide your name or any other personal information about you. It can, however, be read by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol (“IP”) address. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to our website. This allows us to tailor our site by remembering you and any options you select. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you.
Third-Party Cookies and Web Beacons - These forms of computer code are sometimes placed by advertisers or others with connection to a webpage and may be read by the ads provider. They may use a form of code called a “web beacon” or “clear GIF.” These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your IP Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons. We may share non-personal information obtained from cookies and web beacons with vendors, advertisers and others
Law Enforcement and Legal Requests
Information Disclosure - We cooperate as required by law, by providing only the information the law requires. The laws concerning your privacy and government access change from time to time and you may affect how we are required to respond. Under current law, many subpoenas require that we not disclose or notify you of the request. Due to this fact, we do not assume any duty to notify you of receipt of any legal requests.
Internet Information - Your account records and information concerning your Internet access may be subpoenaed by the government or by others through the courts. The law permits us to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of communications, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such disclosure without delay.
Security Information - We are aware of the many recently publicized instances of customer information security breaches and continue to work on new ways to protect your information. For our most sensitive databases, we use encrypted formats within controlled and secure environments that have restricted access. Nevertheless, although we endeavor to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access.
Children’s Privacy
We do not knowingly allow anyone under the age of 18 to register to use our service. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us.
Customer Access to Information
You may check the accuracy of personal information in your account by contacting a Customer Service Representative at In Every Way Gourmet, Inc.
You Enforcement Rights
You can enforce your legal privacy rights concerning our collection, use and sharing of your personally identifiable information. Among your remedies is the right to seek damages under 47 U.S.C. 551.
Other Terms and Changes in Policy
Other terms and conditions affect our services, including certain contracts, our Acceptable Use Policy and the Internet Service Agreement and Terms of Use for our website. Changes in our services, the law and policy may cause us to make changes to this and other policies from time to time. Any changes will be posted with the Online Privacy Policy at: http://www.ineverywaygourmet.com, which also contains provisions concerning privacy as relates to our website.
Customer Service Notices
Billing and Complaint Procedures - Customers can direct billing or service complaints to IEWG by contacting us directly (see “Contact Us” section of ineverywaygourmet.com).
Online Privacy Policy - Updated 11/15/2011
Welcome to our Website Visitors - We want you to know how we treat personal information IEWG may obtain from you as a website visitor as a part of your visit. You should also see our Acceptable Use Policy and Internet Service Agreement and Terms of Use for other information concerning use of our website. By using our website, you accept this Online Privacy Policy and our Internet Service Agreement and Terms of Use and Acceptable Use Policy.
To IEWG Customers - This Online Privacy Policy applies only to use of our website. You can also find our Internet Service Agreement and Terms of Use and Acceptable Use Policy here online. In either case, we welcome you to our website. Please take a moment to read about our online privacy policy in its use.
California Residents: Your California Privacy Rights. California law permits residents who have provided personal information to us to request information about disclosure of personal information to third parties for their marketing purposes. As detailed below, our policy is not to disclose personal information collected online for any third parties direct marketing purposes without first obtaining the customers consent. As an additional measure, customers may contact a IEWG Customer Service Representative to request that their account records be noted that they have specifically opted-out of disclosures to any third parties for direct marketing purposes:
Introduction.
In Every Way Gourmet, Inc. (us, we, or IEWG) is committed to respecting the privacy rights of its customers, visitors, and other users of the IEWG Website (the Site). We created this Online Privacy Policy to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Online Privacy Policy.
Information We Collect
- Policy - It is our policy to collect only the personally identifiable information (information that identifies you individually) that we need to provide the services we offer with the quality you desire and deserve.
- IEWG Customers - If you are a customer of IEWG, this personally identifiable information may include your name, home address, mailing address, zip code, age, telephone numbers, IEWG account number, social security number, credit card number, bank account number, user IDs, passwords, email addresses, and other information as provided to us online or as a customer of IEWG. We take reasonable steps to protect your account information from unauthorized access.
- Site Visitors - When you access our Site, we may automatically collect access log information about your visit, including information such as the Internet Protocol (IP) addresses assigned (numbers assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. We may store emails sent and received.
- Online Registrants - In visiting our Site, if you register with us or participate in an online transaction, we may ask for certain personally identifiable information, this personally identifiable information may include your name, home address, mailing address, zip code, age, telephone numbers, IEWG account number, social security number, credit card number, bank account number, user IDs, passwords, email addresses, and other information as provided to us online or as a customer of IEWG.
- Cookies - We, or a vendor that places advertising on our Site, may use “cookies” to collect information about your visit to our Site and to manage information concerning your preferences. A “cookie” is a small computer code added to a file on your computer as a record of its visit. It does not collect or provide your name or any other personal information about you. It can, however, be used by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol (“IP”) address, to better tailor the Site for you. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to our Site. This allows us to tailor our Site by remembering you and any options you select. We may share non-personal information obtained from the varying kinds of cookies and web beacons (see below) with vendors, advertisers and others. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you.
- Third-Party Cookies and Web Beacons - These forms of computer code are sometimes placed by advertisers or others with connection to a webpage and may be read by the advertisements provider. They may use a form of code called a “web beacon” or “clear GIF.” These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your Internet Protocol Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons.
- Advertisers and Other Websites - We do not control the privacy policies of advertisers or of websites you may link to from our Site or by using our services. You should review their websites for questions about their Internet security and privacy.
Use and Sharing
- Use Policy - We consider any personally identifiable information we receive about you to be confidential, and it is our policy to use it only in providing our Site and account services – from sales, to operations, administration, advertising, marketing, support, maintenance, communications with you, billing, collection and in other ways related to our services. We may also use such information in dealing with fraud and unauthorized use of our services. IEWG may associate personal account information with data from third parties about you or similar persons to better predict your service preferences for use in programming, advertising transactions and to market our services to you.
- Aggregate Information - We may use aggregate information about our customers and Site visitors for a variety of purposes. Such aggregate information does not identify individual customers. We may share such aggregate and related demographic information with third parties.
- Retention Policy - IEWG may retain personal customer information in its regular business records. Our security measures for this information are discussed below.
- Sharing Policy - It is our overall policy not to disclose to others outside of IEWG and our affiliates, vendors, business partners and the finance companies with whom we do business or who may hold your IEWG account any personally identifiable information about our customers without their prior written or electronic consent. We do not sell or provide your personal information to parties unconnected with the services we provide without your permission. We also share your personally identifiable information with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Online Privacy Policy, and they will only use your personally identifiable information to carry out their specific business obligations to IEWG.
- Special Exceptions - We reserve the right to disclose personally identifiable information in our possession if we have a good faith belief that it is necessary to: (1) comply with the law or legal process served on us; (2) protect and defend our rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce our Internet Service Agreement and Terms of Use, our Acceptable Use Policy or related standards; or (5) act in an emergency to protect your safety or that of another. We may also share information if we sell or transfer all or a portion of our business operations, merge or combine with another organization.
- Third Parties - We sometimes use affiliates, vendors or third party partners in association with this Site and may provide personally identifiable information about users for such purposes. In providing such information, we require that the third party partners agree to uphold the same standards of security and confidentiality that we have promised to you in this Online Privacy Policy, and they will only use your personally identifiable information to carry out their specific business obligations and services to IEWG. If you do not want us to share your personally identifiable information with any third parties, please contact us. Please understand that such a request will severely limit your ability to take advantage of all of the features and services we offer on the Site.
- Internet Communications - We may, retain and provide emails sent to us to appropriate authorities if we are legally required to do so.
Law Enforcement
- Legal Requirements - Our policy is to cooperate as required by law, but to provide only such information as the law requires. We do not assume any duty to notify you of receipt of any legal requests.
- Internet Information - The law does permit us to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of communications, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such disclosure without delay.
Internet Security
- Taking Proper Precautions - Maintaining the security of your own personal computer is an important part of protecting your own privacy and of helping us protect our network and our customers service. You should use and update regularly your antivirus software, firewall and your operating system to prevent unauthorized access by others and harm from various forms of viruses. Persons with questionable intent may use the Internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before responding with personal information. To avoid all these and other forms of attacks, we encourage you to visit the Federal Trade Commission (“FTC”) for updates and tips on protecting yourself.
- Personal Information - We use “Secure Socket Layer” encryption technology when collecting certain personal information through our Site. You can identify the use of such protection by looking for “https” in the Internet url or page address or a closed lock symbol if you are using Internet Explorer. We protect personally identifiable information found in our most sensitive databases in encrypted formats within controlled and secure environments with restricted access. While we attempt to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access.
- Access by Others - It is possible for use of the Internet to be accessed or intercepted by third parties. Moreover, since we cannot control websites or Internet services operated by third parties, we recommend that you review the terms of service and privacy policies of those websites and services.
- Lost or Stolen Information - You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.
- Public Information - The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites.
Spam
IEWG works hard to prevent and to block spam and we encourage your help by preventing unauthorized access to your computer. The law permits companies like IEWG to use email to send transactional or relationship messages, such as in confirming that a service has been established or providing information regarding changes in service. If you prefer, you may opt-out of marketing messages we may send by notifying us in response to any you may receive.
Customer Access to Information
For registered Site users, we maintain a procedure to help the registered user confirm that their personally identifiable information remains correct and up-to-date. At any time, you may visit your registered personal profile at http://www.ineverywaygourmet.com/. Through your registered personal profile you may review and update you personally identifiable information that we have already collected. If you are a customer of IEWG, you can also check the accuracy of some of your account information by contacting a Customer Service representative.
For more information, see Your Privacy Rights as a IEWG Customer.
Your Enforcement Rights
You have the right to enforce your legal privacy rights concerning our collection, use and sharing of your personally identifiable information.
Updates and Changes to the Online Privacy Policy
Developments in the Internet, the law, our offerings and our Site may cause us to change this Online Privacy Policy from time to time. Any such changes will be prospective and will not affect information collected prior to the change in policy. We reserve the right, at any time and without notice, to add to, change, update, or modify this Online Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Online Privacy Policy from time to time to ensure that you continue to agree with all of its terms.
How to Contact Us
For any questions regarding this Online Privacy Policy, please contact us by viewing the “Contact Us” section of http://www.ineverywaygourmet.com.
Children’s Policy
We do not knowingly allow anyone under the age of 18 to register to use our service. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us.
Internet Service Agreement and Terms of Use - Revised 11/15/2011
YOUR USE AND/OR REGISTRATION TO THE SERVICE SHALL CONSTITUTE AN ACCEPTANCE OF THE TERMS BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS DO NOT USE OR REGISTER FOR THE SERVICE. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Binding Effect. This is a binding agreement. By using the Internet site located at http://www.ineverywaygourmet.com/(the Site) or any services provided in connection with the Site (the Service), you agree to abide by this Agreement and Terms of Use, as they may be amended by In Every Way Gourmet, Inc. (IEWG) from time to time in its sole discretion. It is your responsibility to review this Agreement and Terms of Use periodically, and if at any time you find this Agreement and Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
Introduction. This Internet Service Agreement and Terms of Use (the “Agreement”) sets forth the terms and conditions under which In Every Way Gourmet, Inc. (hereinafter, “IEWG”), agrees to provide online website service (hereinafter the “Service”) to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service via your account to abide by the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service. This Agreement takes effect on the date on which you accept this Agreement, and continues until your registration is terminated. IEWG reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by IEWG. This Agreement should be read in conjunction with our Acceptable Use Policy, (“AUP”), Online Privacy Policy, and other applicable policies.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICE AND NOTIFY THE IEWG CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCESS TO YOUR ACCOUNT ONLINE MAY BE CLOSED.
Your IEWG Account
Your IEWG Account entitles you to use the Service. Your IEWG Account is personal to you. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact IEWG immediately upon the occurrence of any change in the status of your IEWG Account (e.g., change in individuals authorized to access to your IEWG Account) for the purpose of updating your IEWG Account information.
Payment Terms
You agree to be responsible for any and all charges, damages and costs that you or anyone using your IEWG Account incurs while using the Service. You agree to pay all fees and charges including, but not limited to, applicable, taxes, customer service fees, late fees and collection fees. All such charges, including all applicable taxes, are your sole responsibility.
Use of Software
IEWG may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, Software) are deemed to be licensed to you by IEWG, for your personal, noncommercial, home use only. IEWG does not transfer either the title or the intellectual property rights to the Software, and IEWG retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by IEWG or its licensors and you may not copy or use them in any manner.
Computer and Equipment Requirements
At the time of your initial registration to the Service, your computer equipment must comply with IEWG’s current minimum computer requirements that are described on the New Customer Registration page. The minimum computer requirements may change and IEWG will make reasonable efforts to support previously acceptable configurations; however, IEWG is not obligated to continue to provide such support.
Acceptable Use Policy
You agree to use the Services strictly in accordance with the Acceptable Use Policy located athttp://www.ineverywaygourmet.com/ which may be modified by IEWG from time to time, and which is incorporated herein by reference and made a part of this Agreement.
Posting to IEWG
You are solely responsible and liable for all information that you post, email, transmit or otherwise make available to IEWG via the Service. You grant IEWG a license to use the information and materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (User Content) to the Site or Service, you are granting IEWG, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of IEWG, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Affiliated Sites
IEWG has no control over, and no liability for any third party websites or materials. IEWG works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither IEWG nor the Site has control over the content and performance of these partner and affiliate sites, IEWG makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and IEWG assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that IEWG makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.
Monitoring and Removal of Content
IEWG is under no obligation to monitor the Service. However, IEWG reserves the right at all times and without notice to remove, restrict access to, or make unavailable the Service.
Privacy
IEWG respects your privacy and permits you to control the treatment of your personal information. A complete statement of IEWGs current Online Privacy Policy can be found here online. IEWGs Online Privacy Policy is expressly incorporated into this Agreement by this reference.
You are required to register your IEWG account to use or access the Customer Services Site or Merchant Services Site. You must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify IEWG immediately on any unauthorized use of your account, user name, or password. IEWG shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by IEWG, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
You authorize IEWG to make inquiries and to receive information about your credit history from others and to utilize such information in its decision regarding its provision of the Service to you. You agree that IEWG may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in the Online Privacy Policy. Please read the Online Privacy Policy.
Alleged Violations
IEWG reserves the right to terminate your use of the Service and/or the Site. To ensure that IEWG provides a high quality experience for you and for other users of the Site and the Service, you agree that IEWG or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. IEWG does not intend to disclose the existence or occurrence of such an investigation unless required by law, but IEWG reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if IEWG believes that you have violated any of the terms of this Agreement, furnished IEWG with false or misleading information, or interfered with use of the Site or the Service by others.
Termination
Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must notify IEWG by a non-electronic written submission sent to In Every Way Gourmet, Inc. at 1061 N. Kraemer Place, Suite D, Anaheim, CA 92806. Email submissions to IEWG shall not constitute effective notice. In the event of termination by IEWG, IEWG may notify you of such termination by electronic or other means.
Disclaimer of Warranties and Limitation of Liability
You expressly agree that IEWG is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release IEWG for any such claims based on the activities of third parties.
IEWG HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER IEWG, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. IEWG DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED.
IEWGS LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IEWG BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY IEWG. IEWG AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE USE OF THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN IEWG TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT IEWG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IEWG’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF ANY SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE IEWG FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. IEWG IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
Indemnification
You agree to indemnify IEWG for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless IEWG, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. IEWG will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost, provided that your participation will not be conducted in a manner prejudicial to IEWG’s interests, as reasonably determined by IEWG.
Compliance with Laws and Intellectual Property Rights
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding appropriate use and intellectual property rights. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, Content) in violation of IEWGs or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding appropriate use and intellectual property rights, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Prohibited Uses
IEWG imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, flooding, spamming, mail bombing, or crashing; (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by IEWG in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Inappropriate Content
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. IEWG intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
Copyright and Trademark Notices
All contents of our Site and/or our Service are: Copyright 2011 In Every Way Gourmet, Inc., 1061 N. Kraemer Place, Suite D, Anaheim, CA 92806. All rights reserved. Materials available on the IEWG website are protected by copyright law. IEWG is a trademark of In Every Way Gourmet, Inc., and other IEWG services referenced herein and other trademarks, logos, and service marks (collectively Trademarks) used in the Site are either actual service marks or registered service marks of In Every Way Gourmet, Inc. or their respective owners. Nothing contained in the Site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of IEWG or any other Trademark displayed in the Site without express written permission of IEWG or its respective owner.
Intellectual Property Infringement Claims
In accordance with Title 17, United States Code, Section 512(c)(3), if you believe that a Web page hosted by IEWG is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with IEWG.
Governing Laws and Jurisdiction
This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the United Sates and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Ana, California, USA in all disputes arising out of or related to this Agreement, use of the Site or Service. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
Miscellaneous
This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any term or condition of this Agreement is held to be unenforceable, by a court of competent jurisdiction, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its terms and conditions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit IEWG’s rights and remedies available at law or in equity. IEWG’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable and transferable by IEWG to third parties.
No License
Nothing contained on the Site or in this Agreement should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by IEWG or by any third party.
California Use Only
The Site is controlled and operated by IEWG from its offices in the State of California. IEWG makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as IEWG’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Modification
IEWG may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. IEWG shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following posting of any revision, you shall abide by any such revision
How to Contact Us
For any questions regarding this Online Privacy Policy, please contact us by viewing the “Contact Us” section of http://www.ineverywaygourmet.com.
Acknowledgement
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. |
