Terms of Service

1. Acceptance of Terms

By accessing and using this website (the "Site") and any services offered by Morton's Gourmet, Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Site or our services.

These Terms constitute a legally binding agreement between you and Morton's Gourmet, Inc. regarding your use of the Site and services. We reserve the right to modify these Terms at any time, and your continued use of the Site following any changes constitutes your acceptance of the revised Terms.

2. Description of Service

Morton's Gourmet, Inc. is a premium food products company specializing in gourmet delicacies, prepared meals, and commercial food supplies. Through this Site, we provide:

• Information about our products and services
• Product ordering and inquiry capabilities
• Customer support and communication channels
• Educational content related to gourmet food products

Our services are available to both individual consumers and commercial clients, including restaurants, hotels, caterers, and retail establishments. Specific products and services may be subject to additional terms and conditions, which will be provided at the time of purchase or service engagement.

3. Eligibility

To use our Site and services, you must:

• Be at least eighteen (18) years of age, or have parental or guardian consent to enter into these Terms
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Site under applicable law

For commercial accounts, you represent and warrant that:

• You are an authorized representative of the business entity you claim to represent
• You have the authority to bind such entity to these Terms
• The business entity is validly organized and in good standing under applicable laws

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

4. User Responsibilities

When using our Site and services, you agree to:

• Accurate Information: Provide truthful, accurate, and complete information when creating accounts, placing orders, or communicating with us
• Account Security: Maintain the confidentiality of any account credentials and promptly notify us of any unauthorized use or security breach
• Lawful Use: Use the Site and services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations
• Payment Obligations: Pay all fees and charges associated with your orders in accordance with our billing terms
• Communication Accuracy: Ensure all communications with us are truthful and not misleading

You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account or any other security breach, you must notify us immediately at admin@mortonsmarket.org.

5. Prohibited Uses

You agree not to use the Site or services:

• For any unlawful purpose or in violation of any federal, state, or local law
• To distribute malware, viruses, or other harmful code
• To attempt to gain unauthorized access to our systems or user accounts
• To interfere with or disrupt the operation of the Site
• To collect personal information about other users without consent
• To infringe upon the intellectual property rights of the Company or any third party
• To transmit spam, unsolicited communications, or promotional content without authorization
• To engage in fraud, false advertising, or deceptive practices
• To impersonate any person or entity or misrepresent your affiliation
• To violate food safety regulations or health codes
• To resell products without proper authorization

Violation of these prohibitions may result in immediate termination of your access to the Site and services, and may expose you to civil and criminal liability.

6. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, product descriptions, and software, is the property of Morton's Gourmet, Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The "Morton's Gourmet" name and logo are registered trademarks of Morton's Gourmet, Inc. You may not use our trademarks without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purpose. You may not:

• Copy, reproduce, or distribute any content from the Site without our written permission
• Modify, adapt, or create derivative works based on our content
• Use our content for commercial purposes without authorization
• Remove any proprietary notices from our materials

User-submitted content, such as reviews or feedback, may be used by us without compensation, and you grant us a perpetual, irrevocable, worldwide license to such content.

7. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

• The Site will be uninterrupted, secure, or error-free
• Any defects will be corrected
• The Site or our servers are free of viruses or other harmful components
• The results of using the Site will meet your requirements
• Our products will achieve specific results or outcomes

Food products are subject to natural variations in appearance, taste, and nutritional content. We make no guarantees regarding allergic reactions or dietary suitability. Customers with food allergies or dietary restrictions should consult product information and contact us before ordering.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MORTON'S GOURMET, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your use or inability to use the Site or services
• Any products or services obtained through the Site
• Unauthorized access to your data or transmissions
• Any errors or omissions in the Site's content
• Any conduct or content of any third party on the Site

Our total liability for any claim arising from the Site or services shall not exceed the amount you paid, if any, to access the Site or purchase products from us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations may not apply to you.

9. Third-Party Services and Links

The Site may contain links to third-party websites, services, or applications that are not owned or controlled by Morton's Gourmet, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you visit. We do not endorse or guarantee any products or services offered by third parties.

Any transactions you enter into with third parties are solely between you and the third party. We shall not be liable for any loss or damage arising from such transactions.

10. Indemnification

You agree to indemnify, defend, and hold harmless Morton's Gourmet, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Site or services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through the Site
• Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense of any matter subject to indemnification, in which case you will cooperate fully with us in such defense.

11. Termination

We reserve the right to terminate or suspend your access to the Site and services at any time, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Conduct that we believe is harmful to other users or the Company
• Legal requirements or requests from law enforcement
• Extended periods of inactivity

Upon termination, your right to use the Site will immediately cease. Provisions of these Terms that should survive termination shall remain in effect.

You may terminate your account at any time by contacting us at admin@mortonsmarket.org. Termination of your account does not relieve you of any obligations to pay for products or services already ordered.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of the Site and services shall be resolved in the state or federal courts located in Sarasota County, Florida. You consent to the personal jurisdiction of such courts and waive any objection to venue in those courts.

We encourage you to contact us directly to resolve any disputes. If you have a complaint, please email admin@mortonsmarket.org and we will attempt to address your concerns.

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes to these Terms, we will notify you by:

• Posting a notice on the Site
• Updating the "Effective Date" above
• Sending you an email if you have an account with us

Your continued use of the Site after any changes to these Terms becomes effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Site.

We encourage you to review these Terms periodically for any changes.

14. Contact Information

If you have any questions about these Terms, please contact us:

15. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Morton's Gourmet, Inc. regarding the use of the Site and services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

No Agency: Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and us.