TheGourmetReview.com Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE.  These Terms of Use define the terms by which you may use the TheGourmetReview.com website (“Website”), and are an agreement between you and The Gourmet Review(“Company”) (the Company and Website are collectively referenced as “we” or “us”).  Using this Website constitutes an express acknowledgement that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder.  You should not use this Website, if you do not agree to these Terms of Use.

We may amend our Terms of Use at any time without notice or in our sole discretion, and any such modifications will apply immediately.  You should check this page periodically to ensure you are aware of any changes.  The Privacy Policy posted to our Website also forms part of these Terms of Use.  We may at any time amend the Privacy Policy or introduce new policies regarding the use of this Website.  Any reference to our Terms of Use includes all such policies.

1.         Nature of TheGourmetReview.com  TheGourmetReview.com is a blog dedicated to travel and fine dining. 

2.         Eligibility to Use Our Website Only adults are eligible to use our Website.  If you use this Website, you warrant and represent that you are at least eighteen (18) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.

3.         Use of TheGourmetReview.com We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects.  If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to promptly triage and resolve the issue or to find a workaround. 

If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

(a)        Description of the Incident.  The specific sequence of events which generated the incident, and a full description;

(b)       Description of Error Message.  The exact wording of any error messages, if applicable; and

(c)        Description of Discovery of Incident Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times.  We can assume no liability or responsibility for any delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software (“Viruses”), but we cannot guarantee that the Website will at all times be free from Viruses.  We urge you to use reasonable care in downloading information from the Website.  We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.

4.         Specific Prohibited Uses TheGourmetReview.com Website should only be used for lawful purposes.  We specifically prohibit any other use of the Website, including but not limited to the following: (a) posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity; (b) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website; (c) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website; (d) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari; (e) posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment; (f) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (g) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website; (h) using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; (i) stalking, harassing, or threatening any customer or visitor to this Website; or (j) collecting or storing personal information about any customer or visitor of this Website.

We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website.  If you become aware of any inappropriate use, please notify us at our email address at infothegourmetreview@gmail.com.

5.         Blog Comments; Content Posting

TheGourmetReview.com provides users the ability to make comments and to post photos, recipes, and videos (“Content”).  If you make comments or post Content, then you are solely responsible for ensuring that your comments or Content are appropriate and not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, and that they do not constitute or contain Viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display such comments or Content on the Website and on any third party social media web pages built to market and advertise or promote this Website, and to grant sublicenses to third parties.  We reserve the right to monitor and remove any comments or Content at any time without notice.

6.         Links to Articles and Third Party Websites

TheGourmetREview.com may contain links to articles or other content on third party websites, which are not owned or maintained by us (“Third Party Site(s)”).  Links to Third Party Sites are provided as citations and aids that may help you to identify other blogs or resources on the Internet, which will be of interest to you.  If you click on a link to one of these Third Party Sites, then you will be transferred to another website beyond our control and our Terms of Use and Privacy Policy will not longer apply to you.  We do not intend that links to Third Party Sites be referrals to or endorsements of the linked entities or to any information that they make available, nor can we be responsible for the content of such Third Party Sites.  We will remove any link from this Website upon request from the Third Party Site.

Your business dealings with any third party with whom you connect through this Website are solely between you and such third party.  You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website.  You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties.  You assume the sole risk of loss and liability in doing business with any third parties linked to this Website.  In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.

7.         Intellectual Property

All trademarks and copyrightable material on this Website, including but not limited to the design features, the organization, the codes, text, databases, compilations, and all content (such as photos, recipes, and videos) (collectively, the “Intellectual Property”) are owned or licensed by us.  You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Website without the express written consent of us or our licensors as appropriate.

Notwithstanding the foregoing, we grant you a limited, nonexclusive license to make a single copy or print-out of any Intellectual Property on the Website for your own personal, non-commercial use.  Using Intellectual Property on any other Website or for any commercial purpose is prohibited.

8.         Intellectual Property Infringement Complaints

We respect the intellectual property rights of others.  If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

(a)        Identification of the Intellectual Property.  The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;

b)       Description of Infringed Right.  A description of the intellectual property right that you claim has been infringed;

(c)        Location of Infringing Item.  A description of where the allegedly infringing item is located on the Website;

(d)       Contact Information.  Your address, telephone number, and email address; and

(e)        Statement under Penalty of Perjury.  A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

9.         No Professional Advice or Relationship; Confidential Information

Any articles or other materials posted on this Website have been prepared for general information purposes only and should not be construed as professional advice or a professional opinion on any specific facts or circumst

We do not seek to establish any professional relationship with any person or entity as a result of any visit to this Website.  Transmission of the information is not intended to create, and receipt does not constitute, a professional relationship between us and any user of this Website.

Persons contacting us through this Website should not send confidential information.  No information submitted to us electronically through this Website shall be treated as confidential.  Any person submitting confidential or sensitive information to us waives all rights to confidential protection.  We assume no responsibility for the loss of confidential information that you transmit to us via the World Wide Web or Internet.

10.       Limitation of Liability; Consequential Damages

You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of One Hundred Dollars ($100.00) for all claims.  Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

11.       Warranty; Disclaimer

If you submit comments or Content to the Website, you represent and warrant that you own all rights in the material that you submit or have the rights to grant a sublicense in accordance with our Terms of Use hereunder; that such material will not violate our Terms of Use; that you have the right and authority to convey the rights granted hereunder; that the material is free and clear of any encumbrances or liens and is not subject to any third party agreements or arrangements which would interfere with its use; that the material is not defamatory, obscene, illegal, threatening, harassing, invasive of privacy or infringing of any third party’s rights; and that, if the material is a photo or video, that you have obtained the necessary permissions to enable us to post the material and that such photos or videos have not been manipulated or altered in any manner so as to distort or misrepresent the individual or thing depicted therein.

Your use of this Website and reliance on any information contained herein shall be at your sole risk.  We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete.  We can make no warranties regarding the information or contents of any Third Party Sites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties.  We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service.

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.  FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.  WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY POSTINGS AND FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY POSTING ON THE WEBSITE.  WE FURTHER EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUFFERED BY A USER THROUGH HIS OR HER RELIANCE ON INFORMATION OR ADVICE GAINED ON THIS WEBSITE.  WE ASSUME NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE.

12.       Indemnification By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our respective licensors, affiliates, officers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website or any Third Party Sites, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.

13.       Miscellaneous We reserve the right to discontinue this Website and our services at any time in our sole discretion.  You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business.  No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.  If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining sections shall not be affected by such holding.  The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section.  If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect.  The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein.  The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

14.       Governing Law; Dispute Resolution These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflicts of law principles.  All disputes arising under this Agreement shall be submitted to binding arbitration in Seattle, Washington under the Commercial Rules of the American Arbitration Association by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules.  The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us.  The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction.  If judicial enforcement or review is sought, the prevailing party shall be entitled to costs and reasonable attorney’s fees.  All claims you bring against us or the Website must be resolved in accordance with this Section.  All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed.  Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

15.       Contact Us In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below: Attn.: TheGourmet Review,  c/o Seavest Holdings Inc , POB 95430,  Seattle, WA. 98145-2430.

16.       Effective Date These Terms of User were last modified on September 12, 2010.

– The Gourmet Review

The Gourmet Review is a gourmet food blog featuring celebrity chef recipes, secret restaurant recipes, family favorite recipes and easy gourmet recipes, quickly becoming the best recipe blog for gourmet eating.  TheGourmetReiew.com also features the best luxury travel experiences, taking you inside the kitchen and behind the scenes through VIP Access at some of the top luxury travel hotels, be it the Wynn Resort Las Vegas, the Four Seasons hotels and Four Seasons Resorts or Singita’s Private Game reserve in South Africa.If you are interested in a Wolfgang Puck chef interview, poular cocktail recipes with a gourmet twist, or a healthy recipes blog, we look forward to sharing a culinary journey with you from around the world.