Information We Collect
The following summary highlights the information we collect and our data policies. On this page you can learn:

• What kinds of data do we collect?
• How do we use the data we collect?
• How do you keep my data secure?
• What’s your data retention policy?
• How do I control my data?
• Where can I learn more?

What kinds of data do we collect?
Things you share
We collect the information that you choose to share with us. This may include the opinions you express and the interests you choose to share.

• Survey and study responses
• Discussions and chats
• Likes and comments
• Media such as images, videos, and documents you upload

Things that make you “you”
When you join this website, we keep the information that you share with us. This can include personally identifiable information including:

• Name
• Email address
• Password
• Birthday
• Gender
• Phone number
• Address
• Country

We may also ask you about your household to help us better understand the interests relevant to you.
From time-to-time we may ask you to update your information. We may supplement this information with data from other sources and our partners. The information we collect can viewed by you in the Your Data section.
You will only be asked about your personally identifiable information in the private and secure areas of our website. Please do not volunteer personally identifiable information in areas viewable by others like discussions and comments. We will never ask you to share highly sensitive information such as passwords, social security numbers, credit cards, bank accounts, and financial information.
Web Browser and Device Information
We collect information about the devices you use to access our website and mobile app. The purpose of this information is to authenticate users, comply with applicable regional regulations, understand the quality of the user experience, and general website usage metrics with our users.
This information may include the following:

• Connection information such as the name of your internet service provide (ISP), mobile operator, phone number, and IP address
• Browser/device information such as browser, language, time zone, operating system, hardware version, device identifiers, and device settings
• Device locations such as specific geographic locations, such as through GPS, Bluetooth, or WiFi signals

Cookies & Other Storage Technologies
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies.” We use cookies to manage user sessions. We do not link the information we store in cookies to any personally identifiable information.
Information from third-party partners.
We exchange information about you and your activities on-and-off this website from integrations and third-party partners, such as information about your experiences or interactions on this website and with partners. The data exchanged with partners is pseudonymized. This means we do not share data about you thats classified as sensitive personally identifiable information that specifically identifies you, such as your full name and address.
How do we use the data we collect?
Our website is designed to give you a platform to share your experiences and opinions. The information you share with us helps us understand our audience and make better decisions about our company based on information you provide.
We may include information you share in company internal reports and presentations without permission, including suggestions, responses, and uploaded media created and shared by you. The purpose of this is to highlight your experiences and opinions to our broader team and to help inform our company decision making.
Your personally identifiable information is protected. We practice pseudonymization so that your identity is masked whenever and wherever possible. We do not share information that can identify you with partners or third-parties.
How do you keep my data secure?
Our servers are protected by high-end firewall systems. We secure data with sophisticated controls and access restrictions. All data is encrypted at rest for maximum security.
What’s your data retention policy?
Typically, we maintain data for as long as it remains relevant to the stated purpose of this website, i.e. understanding our audience and inform company decision making. We erase your personally identifiable information when it’s no longer pertinent to this purpose, or when instructed by you using the data controls on the Your Data section of this website.
How do I control my data?
We support your right to be informed about your data and make choices about your information. Visit the Your Data section to learn more.
Where can I learn more?
The full detail of our policies is available in our Privacy Policy. The purpose of this page is to highlight specific details from that policy. If you have additional questions you may contact us.

Gorton’s Privacy Policy 
The web site you have entered is operated by Gorton’s, Inc. (“Gorton’s”).  Gorton’s is committed to protecting your personal privacy. This Privacy Policy (“Policy”) outlines the type of information that is collected by Gorton’s on this web site and information collected by Gorton’s offline, such as when you enter a Gorton’s sweepstakes, contest or promotion, and how we use and protect that information. This Policy also tells you what to do if you do not want your Personal Information (defined below) collected when you visit our web site or social media sites, and how you can change information you have already provided to us. This Policy applies only to web sites and social media accounts operated by Gorton’s and to information Gorton’s collects offline. This Policy does not apply to banners, sweepstakes, and other advertisements or promotions Gorton’s may place, sponsor or participate in on web sites owned or managed by third parties. This Policy contains links at the bottom on the page which apply to Gorton’s customers in California and Canada.  

Your Consent to this Policy 
By using our web site or entering into a Gorton’s sweepstakes, contest or promotion, you signify that you agree with the terms of this Policy. If you do not agree with any term in this Policy, please do not provide any Personal Information on this site or in any Gorton’s sweepstakes, contest, or promotion. 
If you choose not to provide Personal Information on this site or offline, you may not be able to do certain things, like access particular areas of the site, enter a sweepstake or contest, or send us an e-mail. 

Your Rights 
You have certain rights with respect to the Personal Information you provide to Gorton’s.  You have the right to: 
Request that we disclose to you, free of charge, the following information during the 12-month period preceding your request: 
The categories of Personal Information we have collected about you; 
The categories of sources from which the Personal Information has been collected; 
The purpose for collecting the Personal Information; and 
The categories of Personal Information that we have shared with third parties, the categories of third parties with whom we have shared that Personal Information, and the purpose for sharing that Personal Information about you. 

Request that we delete, free of charge, the Personal Information collected about you during the 12-month period preceding your request.  Please know, however, that in certain circumstances allowable by law, we may not be able to accommodate your request.  For example, if we cannot verify your identity, if we cannot verify that you have the authority to act on behalf of another person, or for purposes of complying with our legal obligations or to preserve our legal rights, we may not be able to honor your request; 
Be Free from Unlawful Discrimination. You have the right to be free from unlawful discrimination for exercising your privacy rights; and 
Opt-out of Sale. Gorton’s does not sell your Personal Information, so we do not offer an opt-out option. 
You may exercise these rights by writing to us at info@gortons.com or calling us at 1-800-222-6846.  We will respond to your “right to know” and/or “right to delete” request within 45 days of receipt. 

Collection of Personal Information 
Gorton’s, Inc. (“Gorton’s”) collects certain consumer information for purposes of operating, managing, and maintaining our business so that we may provide our products to you with the highest possible level of customer service and satisfaction.  We may use this information to contact you regarding our products or to share Gorton’s-related information which may be of interest to you.  In addition, we employ other companies and individuals to perform a variety of functions on our behalf.  Such functions may include but are not limited to the administration of consumer promotions, analysis of data, fulfillment of orders, and provision of customer service.  In order to perform these functions, Gorton’s may share information with these third-party service providers including certain consumer information that it collects in the normal course. However, Gorton’s does not keep in its possession any consumer financial information and will instruct its payment processor to delete and/or randomize all such data that it receives as a result of Gorton’s business dealings. 
As used in this Policy, “Personal Information” is information that is used to identify, relate to, describe, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. The categories of Personal Information that we collect are as follows: 
identifiers (for example, your name, address, online identifier, IP address, email address or other similar identifiers); 
Internet or other electronic network activity information (for example, your browsing history, search history, and information regarding your interaction with an Internet website, application or advertisement); 
geolocation data; 
inferences (for example, information used to create a profile of your preferences and characteristics). 
Your Personal Information may be collected from the following categories of sources: 
Directly from you; 
Third-party vendors and service providers; 
Information from our parent and affiliate companies; and 
Website/mobile app/social media activity. 
The site you entered may collect some or all of these types of Personal Information. Please be assured that Gorton’s will not collect any Personal Information from your visits to our web site or social media sites, or otherwise, unless you provide this information voluntarily. 
When you provide us with Personal Information, you are authorizing us to use that information in accordance with the terms of this Policy, which includes your right to limit our use of the Personal Information as described in this Policy (see “Who to Contact” below). 
How We Use Your Information 
Your Personal Information is collected for purposes of operating, managing, and maintaining our business so that we may provide our products to you with the highest possible level of customer service.  When you supply Personal Information either on this web site, on our social media pages, or offline, it will be used for the express purpose for which it was collected (e.g., to enter you in a sweepstake). 
Your Personal Information may also be used, with your consent, to contact you regarding other products, or to provide Gorton’s related information, which may be of interest to you. At any time, however, you may opt-out of such future contact. (See “Who to Contact” below.) 
In the course of doing business, we employ other companies and individuals to perform a variety of functions on our behalf. For example, we hire agencies to help administer consumer promotions, to analyze data, to fulfill orders, and to provide customer service. 
Third-party recipients that may receive your Personal Information fall into the following categories: 
Our parent and affiliate companies; 
Third-party vendors and service providers; and 
Government agencies, as required by law. 
Gorton’s does not allow unaffiliated third parties to collect personal information about your online activities when you visit our web sites or social media accounts. We will not sell, trade, or rent your Personal Information to third parties. At times we may provide Personal Information and aggregate statistics about our visitors, database entries, web traffic patterns, and related site information we collect on our web site to selected vendors or third parties to analyze solely to help us improve our products and our web sites. Finally, please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena, or court order. 
Other Information We May Collect on Our Site 
You may have heard of “cookies,” which are files or pieces of information that are stored by your browser on your computer’s hard drive. Gorton’s may use cookies to collect other information during your visit to our web site, such as the particular site areas you visit and the products or services you buy through our web site. We collect this information to better tailor our site and our products to your interests and needs. Cookies may also be used to help speed up your future activities on our sites. For example, a site can recognize that you have provided Personal Information to us and refrain from requesting the same information a second time. 
Most browsers are initially set to accept cookies. If you’d prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent. Refusal of cookies at the site you entered may result in an inability to visit certain areas of the site or to receive personalized information when you visit the site. 
In addition, we are constantly trying to improve how we promote our web sites. To help us do this, we may measure the effectiveness of our web presence by determining what you clicked on to get to our site. 
Site measurement statistics may be used to personalize your web site experience, as well as to evaluate – anonymously and in the aggregate – statistics about usage of the web site. Information about your computer, such as your IP address (a number assigned to your computer whenever you surf the Internet), the type of Internet browser you are using and the type of computer operating system you are using may also be collected and linked to your Personal Information. This is to ensure that our web sites present the best web experience for visitors and that they are an effective information resource. 
Some of the pages you visit may also collect information through the use of pixel tags (also called clear gifs) that may be shared with third parties which directly support Gorton’s promotional activities and web site development. The information collected through the use of these pixel tags is not, however, personally identifiable, although it could be linked to your Personal Information. 
Finally, we may supplement the information that you provide us with other information that we receive from third parties. We do this for marketing purposes in order to provide more targeted products and services to meet your needs. 
How Long We Retain Information and Data Localization 
Gorton’s will retain your personal information for no longer than is reasonably necessary to fulfill the purposes for which the information was originally collected. However, if a longer retention period is required or permitted by law, or for legal, tax, regulatory or other legitimate and lawful business purposes, we will retain the information in accordance with such requirements or purposes. Where Gorton’s has no ongoing legitimate business need to process your personal information, we will either delete or anonymize it.  
Gorton’s is based in the United States, and the personal information we collect and process is retained and stored in the United States. Gorton’s affiliates and third parties also may transfer, store, or process your information in the United States or other countries. By using Gorton’s web sites, you consent to any transfer, storage, or processing of information in this manner, which depending on where you live, may be outside of your country. You may request that we do not transfer your personal information to the certain countries, but if you do, we may not be able to accommodate your request. To make such a request, see Who to Contact below. When you use Gorton’s web sites and provide personal information, you should do so in compliance with the applicable data protection laws and regulations in your location. 
Children 
Gorton’s web sites are not directed at or intended for the use by individuals under the age of 16. We do not knowingly collect personal data from nor send requests for personal data to individuals under the age of 16.  Users under age 16 should not submit any Personal Information to Gorton’s.  
Security of Information 
We take reasonable precautions to keep your Personal Information secure. All personally identifiable information is subject to restricted access to prevent unauthorized access, modification, or misuse. 
Changes in Our Policy 
Gorton’s reserves the right to change this Policy from time to time as necessary and at our discretion. When we do so, we will also revise the date at the bottom of this Policy.  We will post any new policy here and we encourage you to visit this area frequently to stay informed. 
Related Links 
California Consumer Privacy Act 
Canadian Privacy Notice 
Who to Contact 
Please write to us at info@gortons.com or call us at 1-800-222-6846 if you have any comments or questions about this Policy or to report any violations of this Policy. We will respond to you within 24 to 48 hours in most cases. 
If you don’t want to be contacted in the future or would like us to correct or update your Personal Information in our records, please email us with your request at info@gortons.com. 
Updated as of July 2024 
 
Addendum to the Policy for Residents of California 
Gorton’s prepared this Addendum for residents of California. It is directed only to those residents of California and to supplement the information contained in its Policy. Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA/CPRA”), California residents are entitled to certain data privacy rights: 
Right to Know (Specific Pieces of Personal Information). You have the right to know the specific pieces of your personal information that we have collected about you.  
Right to Know (Categories of Personal Information). You have the right to know (i) the categories of personal information we have collected from you; (ii) the categories of sources from which the personal information is collected; (iii) the categories of your personal information we have sold or disclosed for a business purpose; (iv) the categories of third parties to whom your personal information was sold or disclosed for a business purpose; and (v) the business or commercial purpose for collecting or selling your personal information.  
Right to Delete. You have the right to request that we delete your personal information that we have collected and retain.  
Right to Correct. You have the right to request that we correct inaccurate personal information that we have collected and retain.  
Nondiscrimination. You have the right not to be subject to discrimination for asserting your rights under the CCPA/CPRA.  
Submit a Privacy Request. To submit a privacy request, please contact us in accordance with the “Contact Us” section in the Policy. If you would prefer, you may designate an authorized agent to submit a privacy request on your behalf. An authorized agent must be registered with the California Secretary of State to conduct business in California.  
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information, Gorton’s will contact you to ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. Gorton’s will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such personal information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of personal information, or otherwise responding to your request. Gorton’s may require that you (or your authorized agent) provide written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of your privacy rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA/CPRA, please see: https://oag.ca.gov/privacy/ccpa.  
Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the “sale” of their personal information. Gorton’s does not sell your personal information to third parties for profit or monetary or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information. 
Opt-Out Rights / Do Not Share My Personal Information. California residents have the right to opt out of the “sharing” of their personal information. Gorton’s uses third-party analytical and targeted advertising features on our web sites and similar web tools provided by our affiliates and third part partners, and this may involve the disclosure of your personal information to third parties and may constitute the “sharing” of your personal information for CCPA/CPRA purposes. To opt out of this sharing of your personal information in these circumstances, you will need to modify your “Cookie Settings” to remove any consent you may have provided to Gorton’s to collect this information or to otherwise disable “cookies”. Alternatively, you or your authorized agent, may contact us in accordance with the “Contact Us” section in the Policy.  
Children. Gorton’s web sites are not directed at, and should not be used by, any individual under the age of sixteen (16). Gorton’s does not knowingly target its web sites to, or collect, store, sell or share the personal information of individuals under sixteen (16) years of age.  
Limit Use of Sensitive Personal Information. Gorton’s does not use or disclose sensitive personal information for reasons other than those set forth in the CCPA/CPRA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive personal information.  
 
 
Addendum to the Policy for Residents of Canada 
 
Gorton’s prepared this Addendum for residents of Canada. It is directed only to those residents of Canada and to supplement the information contained in its Policy and to provide you notice that Gorton’s collects personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada (“PIPEDA”)) and will collect, store, use and process personal data in accordance with this Policy and Gorton’s obligations under PIPEDA and other applicable Canadian provincial laws. Pursuant to these Canadian laws, you have a right to request access to your personal information and to request that inaccurate personal information be corrected. If you have submitted personal information to Gorton’s and would like to have access to it, or have it corrected, please contact us in accordance with the “Contact Us” section in the Policy.  
 
When requesting access to, or correction of, your personal information, Gorton’s will require that you verify the request via email, and we will request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. Gorton’s may not be able to allow you to access certain personal information in certain circumstances. For example, if the information contains personal information related to another individual or it is subject to a legal inquiry. If Gorton’s cannot provide you with access to or the ability to correct your personal information, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. Please note, you may withdraw your consent for Gorton’s to collect personal information at any time. To delete your information from Gorton’s files, or to withdraw your consent, please contact us in accordance with the “Contact Us” section in the Policy.  
 
Gorton’s takes all commercially reasonable measures to protect your data and will, from time to time, review and update its security measures. Gorton’s will retain your personal information for as long as necessary to fulfill the purposes for which it was collected, subject to reasonable legal limitation periods and legitimate business requirements. Gorton’s will use reasonable efforts to ensure that any personal information we have collected and is no longer required by Gorton’s will be deleted or anonymized.  
 
If you have concerns with how Gorton’s processes data, data you may file a complaint with the Office of the Privacy Commissioner of Canada. For more information about the Office of the Privacy Commissioner of Canada, please access its website.  
 
1. Acceptance of Terms

Gorton’s Inc. (the “Company”) operates an online social networking service (the “Service”) that allows you and other authorized users who have been invited to use the Service (collectively, “Members”) to communicate with the Company about the Company’s products and services. These Rules of Participation are a legal agreement (the "Agreement") between you and the Company governing your access to and use of the Service, which includes any software related to the Service (the “Software”). The Service is offered to you conditioned upon your acceptance, without modification, of this Agreement. Your use of the Service constitutes your acceptance of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE. You represent that (a) you have attained the age of majority in the province, state or country in which you reside, and (b) any information that you submit is correct. Company reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice, and such modifications will be deemed effective immediately upon posting or other provision to you of the modified terms. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at thegortonscompass.com. If you do not agree to any terms of this Agreement, or any future changes made by Company, your sole and exclusive remedy is to stop using the Service. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service will be subject to this Agreement.

2. License; General Prohibitions Regarding Your Use of the Service

Company grants you a personal, limited, non-transferable and non-exclusive right and license to use the object code of the Service and the Software on a single computer. Your right to use the Service and the Software is personal to you only. Company reserves the right, at any time, in its sole and absolute discretion, to modify, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Company reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole and absolute discretion. You will not use the Service or the Software, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or for any commercial purpose. You agree not to modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works based on the Service or the Software, in whole or in part, or any Content (as defined below) contained therein.

3. Member Registration

To become a Member of the Service, you must provide specific registration information, including your e-mail address, phone number, and physical address, and create a user profile that includes your personal preferences. Company will use your e-mail address to send you reminders of upcoming activities and sessions on the Service. If you do not wish to receive e-mail correspondence, you need to log into the Service and change your e-mail options on the Preferences page in the My Profile section. As part of the registration process, you will select a user name and password for your account (“Account”). You may not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a user name that Company, in its sole discretion, deems inappropriate or offensive. You agree to (x) provide true, accurate, current and complete information as prompted by the Service's registration process (collectively, the "Registration Data") and (y) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You will maintain a valid email address at all times.

4. Member Account, Password, and Security

You are solely responsible for maintaining the confidentiality of your user name, password and Account and for any and all use of your Account by you or any people using the Service under your user name and password. You agree to immediately notify Company of any unauthorized use of your Account or any other breach of security. Company will not be liable for any loss or damage arising from your failure to comply with this Section 4. Company is not obligated to identify or authenticate any Member who accesses the Service. Company is not responsible for identity theft or other misuse of your Registration Data.

5. Term; Termination
This Agreement, and any revisions to this Agreement, shall remain in full force and effect while you are a Member on the Service. You may terminate your membership at any time, for any reason. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dispute with Company. Company may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after a membership is terminated, this entire Agreement will remain in effect.

6. Privacy Policy
All Registration Data and certain other information about you are subject to our Privacy Policy. You should review the entire Privacy Policy, which is hereby incorporated into this Agreement, as the same may be amended from time to time. If there is a conflict between the Privacy Policy and this Agreement, the terms of this Agreement will prevail. Company disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.

7. Member Content
        Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Section 7.4, including without limitation, removing the offending Member Content from the Service and terminating or suspending a Member’s right to use the Service.

8. Member Conduct

You, and not Company, are responsible for compliance with all laws, regulations and ordinances in connection with your use of the Service. You agree not to engage in any of the following activities in connection with your use of the Service:
  Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Section 8, including without limitation, reporting a Member to law enforcement authorities and terminating or suspending a Member’s right to use the Service.

9. Service Content

The Service contains information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, or other materials (collectively, "Service Content") provided by Company or third-parties (collectively, “Content Suppliers”). Company is not responsible or liable, directly or indirectly, for any Service Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Service Content. Company is under no obligation to pre-screen Service Content.

10. Proprietary Rights to Member Content
     
11. Company's Proprietary Rights

As between Company and you, all right, title and interest in and to the Service and any Service Content (including any intellectual property rights to the Service and the Service Content) will remain the sole property of Company. You may not copy, use, distribute, or incorporate any of the Service Content on the Service, including any artwork, trademarks or logos, into any other work, including your own site, or use such Service Content in any other public or commercial manner.

12. Indemnification

You hereby agree to indemnify, defend and hold harmless Company, and Company’s suppliers (including Content Suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising out of (a) your use of the Service (including, without limitation, the Software); (b) your breach of any representations, warranties or covenants in this Agreement; (c) any Member Content posted or transmitted by you on or through the Service; (d) your acts and omissions; and (e) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder with the agreement from you that you will use best efforts to cooperate with Company in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Company or any of Company’s suppliers (including Content suppliers), affiliates, partners, subsidiaries and employees.

13. Information for California Residents

Under California Civil Code Section 1789.3, Members located in California are entitled to the following consumer rights information: (a) The Service is provided by the Company located at 128 Rogers Street, Gloucester, Massachusetts 01930, Phone: (978) 283-3000, (b) You may contact Company at the address in subsection (a) immediately above with complaints or to request additional information about the Service. Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

14. Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send Company’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Copyright Agent, Gorton’s Inc, 128 Rogers Street, Gloucester, Massachusetts 01930; Phone: (978) 283-3000; Attn: Copyright Agent.

15. Prize Promotions

If Company offers a sweepstakes, skill-based contest, or similar promotion to Members (each, a “Promotion”), the terms and conditions of this Section 15 (in addition to the other sections of these Rules of Participation) will apply unless another set of official rules is made available in connection with a specific Promotion. NO PURCHASE, PAYMENT OR ON-LINE SUBSCRIPTION IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
 
16. DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY AND COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY AND COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

17. LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY OR ANY OF COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, EVEN IF COMPANY OR ANY OF COMPANY’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

18. Independent Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

19. Notice

Statements, notices and other communications to you may be made by mail, email, postings within your Account or on the Service, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. Company will not be responsible for any undelivered notices caused by your failure to update such information.

20. Choice of Law; Venue; Trial by Jury

This Agreement will be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles. You will bring any action to enforce this Agreement or in connection with any matters related to the Service only in either the state or Federal courts located in Essex County. You expressly consent to the exclusive jurisdiction of said courts and waive all venue, jurisdiction and choice of law challenges or defenses. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

21. No Injunctive Relief

You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of this Agreement or any part of this Agreement or any injunctive or other equitable relief for any reason, including, without limitation, an injunction that would restrain the operation of the Service, the exploitation of any advertising or other materials on the Service, or the exploitation of the Service or any Content displayed on the Service.

22. General
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You will not assign this Agreement, by operation of law or otherwise, without prior written approval of Company, and any such attempted assignment will be void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Think Passenger, Inc. is hereby made a third-party beneficiary to this Agreement, entitled to enforce the provisions of this Agreement directly against you. This Agreement shall inure to the benefit of Think Passenger, Inc. and its successors and assigns. This Agreement sets forth the entire understanding and agreement between Company and you with respect to the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Service. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

Please contact us at (978) 283-3000 or Gorton’s Inc, 128 Rogers Street, Gloucester, Massachusetts 01930 with any questions regarding this agreement.