Last Updated January 1, 2019
Introduction. Welcome to the Simply Souperlicious LLC (“Simply Souperlicious”) website at https://simplysouperlicious.com (collectively, the “Site”). Simply Souperlicious LLC and/or its subsidiaries and affiliated entities provide its services to you subject to the following terms of Service (the “Terms”).
By using the Site, you are agreeing to these Terms. Please read them carefully. Do not use or view the Site or its content, services or features if you do not understand or agree to the Terms.
Sometimes additional terms or requirements (including age requirements) may apply to your use of certain aspects of the Site or certain content, services or features of the Site (“Supplemental Terms”). The Supplemental Terms will be available with the relevant aspects of the Site, content services or features, and those Supplemental Terms become part of your agreement with us if you use or access them. If there is a conflict between the terms and conditions of these Terms and terms and conditions of the Supplemental Terms, the terms and conditions of the Supplemental Terms will take precedence with respect to your access to or use of those aspects of the Site. Other than with respect to this paragraph, the definition of Terms includes any Supplemental Terms, which are hereby incorporated herein. If the Terms conflict with any other applicable documents, these Terms will control your visit to, and use of, the Site.
If you have any questions about the Terms, or if to report any violations of the Terms, please send us an email at email@example.com or write us by sending a letter to Simply Souperlicious LLC, 11519 S. Laflin Street, Chicago, IL 60643
A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we” and “us” refer to Simply Souperlicious.
“Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit, post, or transmit to, or using, the Site, such as photos, comments, information that you display as part of your account profile, or other commentary that you may submit, post, or transmit to the Site, including by utilizing the tag “#SimplySouperlicious”. “User Content” means Content that users submit, post, or transmit to the Site. “Simply Souperlicious Content” means Content that is created by SimplySouperlicious and made available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Simply Souperlicious or the users, such as advertisers, sponsors and data providers that license data to Simply Souperlicious for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Simply Souperlicious Content.
By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States or the European Union, (c) have not been previously suspended or removed from using the Site, or engaged in any activity that could result in suspension or removal from using the Site, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you access any content on the Site that contains alcohol-related themes, products, or content, you represent and warrant that you are 21 years of age or older and will not share, disclose, or disseminate any such content to any person under 21 years of age. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms (which authority you hereby exercise). Otherwise, you may not use the Site.
The Terms may be modified by Simply Souperlicious at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon Simply Souperlicious’s posting of new Terms. Your continued use of the Site after any posted modification to the Terms indicates your acceptance of any such modification and revised versions of these Terms.
Use of Site
The Site and its contents are provided for your convenience only. Simply Souperlicious may make changes to the Site or its content, services or features at any time.
Subject to your compliance with these Terms, Simply Souperlicious grants you permission to use the Site for your private, non-commercial purposes only. You will be exposed to User Content and Third Party Content on the Site. Simply Souperlicious does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.
Simply Souperlicious attempts to provide complete, accurate and current information on the Site. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. Simply Souperlicious makes no representation as to the completeness or accuracy of any information on the Site. Simply Souperlicious may change the contents available on the Site or the products mentioned on the Site at any time without notice.
Without prior written consent of Simply Souperlicious, any content on the Site shall not be reproduced, distributed, photocopied, played, linked, framed or transmitted with super-links, loaded into other servers in a “mirroring method”, stored in an information retrieval system, or otherwise used for any commercial purpose by any person by any means. The Site content may be used, downloaded or reproduced for private and non-commercial purposes only (provided, however, that such use shall not include any revision to the content and the copyright notices and other proprietary notices shall be retained in the same form and manner as on the original).
Restrictions on Use
You agree that you will not:
use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
use the Site for promotional or commercial purposes, except as expressly permitted by Simply Souperlicious;
use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
use the Site for keyword spamming or to otherwise attempt to manipulate search results;
use the Site to promote bigotry or discrimination against protected classes;
use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
use the Site to transmit or post pornography, counterfeit or illegal content;
use the Site to solicit personal information from minors or to harbor threaten to cause harm to minors;
use the Site in violation of the Terms or any applicable law;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Simply Souperlicious;
reverse engineer any portion of the Site, except as may be permitted under the law;
remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
record, process, or mine information about other users;
use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index the Site or any Site Content;
reformat or frame any portion of the Site;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Simply Souperlicious’ technology infrastructure;
attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
As a condition of your use of the Site, you warrant and covenant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You understand that using the Site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, and invasive of another’s privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in the removal of content and/or terminate or suspend your ability to use the Site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content as pursuant to GDPR. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you are providing any Content from any foreign country, you acknowledge and consent to such data and information being processed by Simply Souperlicious and its service providers in the United States and other third countries.
Permission to Use Your Content
You grant Simply Souperlicious their revocable right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms (“Other Media”).
You grant the Site’s users and the users of any Other Media their revocable right to access Your Content in connection with their use of the Site and any Other Media. You irrevocably waive and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your
Responsibility for Your Content
You are solely responsible for Your Content. You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Simply Souperlicious.
Because you alone are responsible for Your Content (and no Simply Souperlicious), you may expose yourself to liability if, for example, Your Content violates a third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Use of Content
Simply Souperlicious may or may not use User Content in its sole discretion. For example, we may choose not to publish User Content if we believe it violates the Terms or content guidelines. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Simply Souperlicious and its licensees may display advertisements and another information adjacent to or include with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
Copyright Dispute Policy
Simply Souperlicious has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (“DMCA”). The address of Simply Souperlicious’ Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section. It is Simply Souperlicious’ policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by Simply Souperlicious to be “repeat infringers”.
Procedure for Reporting Copyright Infringements
If you are a copyright owner or agent thereof and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Simply Souperlicious to locate such Content;
3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address)
Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright.
Procedure to Supply a Counter-Notice to the Designated Agent
If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy herein, you may send a written counter-notice to the Designated Agent including the following:
1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Simply Souperlicious is located, and that you will accept service of process from the person who provided notification under section 512(c)(1)(C) of the DMCA or an agent of such person; and
4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Address for Designated Agent. Please contact the Designated Agent at the following address:
Copyright Agent, Simply Souperlicious
Address: Simply Souperlicious, 11519 S. Laflin Street, Chicago, IL 60643
The Designated Agent should only be contacted in connection with the issues raised in this section of the Terms. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced below.
Unauthorized Access. Simply Souperlicious reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through our contacts page. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms, (iii) any policy or practice of Simply Souperlicious in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue using the Site.
Suggestions and Improvements
By sending us any ideas, suggestions, documents and/or proposals (“Feedback”), you agree that (i) your Feedback does not contain any confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) a proposal similar to the Feedback may already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Simply Souperlicious may terminate or suspend your ability to use the Site, in whole or in part, at Simply Souperlicious’ sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your ability to use the Site if you breach the Terms or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing the Site, Your Content,
Site Content, or any other related information
In the event of any termination, whether by you or us, other than section 4 of the Terms, the Terms will continue in full force and effect, including Simply Souperlicious’ rights with respect to Your Content.
Ownership. Simply Souperlicous owns the Simply Souperlicious Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding User Content and Third Party Content. Simply Souperlicious also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Simply Souperlicious Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Simply Souperlicious Content in whole or in part except as expressly authorized by Simply Souperlicious. Except as expressly and unambiguously provided herein, Simply Souperlicious does not grant you any express or implied rights, and all rights in and to the Site and the Simply Souperlicious Content are retained by Simply Souperlicious. “Simply Souperlicious” is a proprietary service mark of Simply Souperlicious.
Material Provided to Simply Souperlicious or Posted on the Site
Simply Souperlicious does not control all of the content posted via the Site and
does not guarantee the accuracy, integrity or quality of such content. All content posted via the Site must adhere to this Terms of Service. Simply Souperlicious reserves the right to delete or remove any content that, in its sole discretion is not consistent with this Terms of Service. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Simply Souperlicious be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site.
You acknowledge that Simply Souperlicious does not pre-screen content, but that Simply Souperlicious and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Site. Without limiting the foregoing, Simply Souperlicious and its designees shall have the right to remove any content that violates the Terms or is deemed by Simply Souperlicious, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Simply Souperlicious or submitted to Simply Souperlicious, including, without limitation, the information in Simply Souperlicious events section, and in all other parts of the Site.
Simply Souperlicious does not claim ownership of the content or materials you provide to Simply Souperlicious or post, upload, input or submit to the Site (collectively “Submissions”) unless otherwise specified. However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Simply Souperlicious, its affiliated companies, necessary sublicensees and successors and assigns a nonexclusive, worldwide, royalty-free, perpetual, non-revocable license to use your Submissions in connection with the operation of the Site, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.
You also hereby grant Simply Souperlicious and those acting on behalf of Simply Souperlicious, the irrevocable unrestricted right to (i) use all content, including your postings, manners now or hereafter known, without compensation of any kind and without restriction as to changes or alterations, for advertising, promotion, exhibition, or other lawful purposes. You hereby waive any right to inspect or approve any such content or materials produced or any finished products incorporating such content or materials. You hereby release and hold harmless Simply Souperlicious from any damages or liability relating to or arising from any use of or modification or alteration to any such content or materials, including but not limited to claims for invasion of privacy or libel. You understand and agree that Simply Souperlicious uses such content or materials on the basis that you have agreed to and are bound by the Terms.
You acknowledge and agree that Simply Souperlicious may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Simply Souperlicious, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Limitations on Service
You acknowledge that Simply Souperlicious may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that Simply Souperlicious has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Simply Souperlicious reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice and that Simply Souperlicious shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Warranties, Disclaimers, and Limitations of Liability
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. SIMPLY SOUPERLICIOUS MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. SIMPLY SUPERCILIOUS FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SIMPLY SUPERCILIOUS OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
SIMPLY SOUPERLICIOUS DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF SIMPLY SOUPERLICIOUS OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
SIMPLY SOUPERLICIOUS FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
SIMPLY SOUPERLICIOUS ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR
DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, HOWEVER, SIMPLY SOUPERLICIOUS RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SIMPLY SOUPERLICIOUS’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LOCAL GUILD IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
You agree to indemnify and hold Simply Souperlicious, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Simply Souperlicious reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Simply Souperlicious.
Simply Souperlicious will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site may include links to other websites(each, a “Third Party Site”). Simply Souperlicious does not control or endorse any Third Party Site, and you agree that Simply Souperlicious is not responsible for the availability or contents of such Third Party Sites.
Dealings with Advertisers
Your correspondence or business dealings with advertisers or promoters found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Simply Souperlicious shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Hyperlinks to Third Party Websites
The Site may provide, or third parties may provide, links to other sites and resources on the Internet. Because Simply Souperlicious has no control over such sites and resources, you acknowledge and agree that Simply Souperlicious is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, events, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Simply Souperlicious shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, events, goods or services available on or through any such hyperlinked site or resource.
If there is any dispute about or involving the Site or Simply Souperlicious, you agree that any such dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the Supreme Court of the State of New York, County of New York, or another competent court of the State of New York of general jurisdiction if monetary thresholds require.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind Simply Souperlicious in any respect whatsoever.
Simply Souperlicious may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on the Site.
Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and Simply Souperlicious regarding the use of the Site, and supersede any prior agreement between you and Simply Souperlicious on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
The failure of Simply Souperlicious to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms are not assignable, transferable or sublicensable by you except with Simply Souperlicious’s prior written consent, but may be assigned or transferred by Simply Souperlicious without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.