Terms of Use
Welcome To Our Site
Welcome to Souper Salad Company's ("Souper Salad") Terms of Use for
www.soupersalad.com and sites linked to therein (collectively, the "Site" or
"Web Site"). By using this Web Site, you agree to be bound by the terms and
conditions set forth in these Terms of Use. If you do not agree to these Terms
of Use, you may not use this Site. We may update or modify these Terms of Use
or modify our Site at any time. Modifications will be incorporated into these
Terms of Use and will automatically be effective two (2) days after they are
initially posted on the Site. Please check these Terms of Use periodically for
changes. Your continued use of this Site following the posting of changes to
the Terms of Use constitutes acceptance of those changes.
Scope of Use
Souper Salad invites you to view, use and download small portions of the
content (including without limitation text, graphics, software, audio and video
files and photos) of this Web Site for your personal, non-commercial use,
provided that you leave all the copyright, trademark and other proprietary
notices intact. You shall not modify, display, distribute or perform the Site
or any portion thereof without our written permission. Certain features of this
Web Site may be subject to additional policies, all of which are incorporated
herein by reference.
User Submissions
By submitting content to the Web Site (such as by completing Feedback Forms),
you grant Souper Salad a perpetual, irrevocable, worldwide, royalty-free, sub
licensable (through multiple tiers) license to use, reproduce, cache, store,
modify, publicly perform, publicly display, distribute and transmit such
content for any purpose, and waive any moral rights and publicity rights in
such content. Any feedback information sent to Souper Salad in connection with
the Souper Salad Web site(s) shall be deemed to be provided on a
non-confidential basis. If you wish to forward confidential information,
arrangements should be made in advance with an authorized Souper Salad
representative, and can only be submitted to Souper Salad under terms and
conditions agreed to in writing.
Co-Branded Areas of This Site
Your correspondence or business dealings with, or purchase of products or
services from, any affiliate that operates as part of our web site(s),
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 affiliate. You agree that Souper Salad shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of such dealings or as the result of the presence of such affiliates on
this Site.
No Warranties
THE SOUPER SALAD® WEB SITE INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. SOUPER SALAD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO SOUPER SALAD OR ANY WEB SITE INFORMATION ACCESSIBLE BY YOU USING
SOUPER SALAD INTERNET SERVICES. SOUPER SALAD RESERVES THE RIGHT TO ADD, DELETE,
CHANGE, OR MODIFY THE WEB SITE INFORMATION AT ANY TIME WITHOUT NOTICE. YOU ARE
RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEB
SITE AND THE CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE IS
AT YOUR SOLE RISK.
Souper Salad does not warrant or guarantee (1) the accuracy, adequacy, quality,
correctness, validity, completeness, or suitability of any Web site information
for any purpose; or (2) that any Web site information will be free of infection
by viruses, Trojan horses, or anything else manifesting contaminating or
destructive properties. The entire risk as to the accuracy, adequacy,
completeness, correctness, or validity and quality of any Web site information
is with the USER. Souper Salad will not be responsible if any Web site
information infects or contaminates your system or information. Some states do
not allow the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal rights, and you may
also have other legal rights which vary from state to state.
Limitation of Liability
SOUPER SALAD, ITS SUPPLIERS AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
STATUTE OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES ARISING OUT OF OR RELATING TO THE WEB SITE AND THE CONTENT, PRODUCTS
AND SERVICES AVAILABLE THEREIN, EVEN IF THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY
ON ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE WEB SITE;
LOST DATA; OR DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THE WEB SITE
(INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO
PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, FAILURE OF A
TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE SERVICE, OR THEFT OR
UNAUTHORZIED ACCESS TO THE WEB SITE AND CONTENT, PRODUCTS AND SERVICES
THEREIN). Some states do not allow the limitation of liability, so the
foregoing limitation may not apply to you.
Proprietary Rights
Copyright © 1998-2004 Souper Salad, Inc. All rights reserved. Souper Salad®
documents available from the World Wide Web are protected by the copyright laws
of the United States and International Treaties. Reproduction or storage of
materials retrieved from this service is subject to the U.S. Copyright Act of
1976, Title 17 U.S.C. SOUPER SALAD® With Design is the subject of U.S. Service
Mark Reg. No. 1,247,369 and SOUPER SALAD® is the subject of U.S. Service Mark
Reg. No. 2,112,007. Any other brand and product names are either other marks of
Souper Salad or may be trademarks of their respective owners.
Links
This Site may contain links to web sites operated by other parties. Souper
Salad does not make any representation regarding any third party Web sites that
may be linked to the Souper Salad Web site(s). Such linked Web sites are
independent of the Souper Salad Web site(s) and Souper Salad does not have any
control over the content and/or use of any such Web site. In addition, any link
by Souper Salad to any third party Web site is not and does not imply an
endorsement by Souper Salad of that particular Web site. Unless otherwise set
forth in a written agreement between you and Souper Salad, you may link your
web site to the home page of our Site, provided that you adhere to the
following linking policy: (i) any link to Souper Salad's Site must be a text
only link and clearly marked "Souper Salad Site," (ii) the appearance, position
and other aspects of the link may not be such as to damage or dilute the
goodwill associated with Souper Salad's names and trademarks, (iii) the link
must "point" to the URL www.soupersalad.com and not to other pages within the
Souper Salad Site, (iv) the appearance, position and other attributes of the
link may not create the false appearance that your organization or entity is
sponsored by, affiliated with, or associated with Souper Salad, Inc., and (v)
Souper Salad reserves the right to revoke its consent to the link at any time
and in its sole discretion.
Forward-Looking Statements
The statements in this Site regarding our business which are not historical
facts constitute "forward-looking statements" within the meaning of Section 27A
of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of
1934. These statements are subject to risks and uncertainties that could cause
our actual operating results to differ materially. Such risks and uncertainties
include management challenges resulting from our growth, the sensitivity of our
business to general economic conditions and the highly competitive markets in
which we operate.
E-mail
E-mail submissions over the Internet may not be secure. Please consider this
fact before e-mailing any personal or confidential information.
Employment Opportunities
Souper Salad is committed to the principles of equal employment opportunity.
Applicants are considered for all positions without regard to race, sex, color,
religion, national origin, age, disability (so long as such disability can be
reasonably accommodated) or any other status protected by applicable law.
Souper Salad encourages all qualified applicants to apply.
Violations and Additional Policies
Souper Salad reserves the right to seek all remedies available at law and in
equity for violations of these Terms of Use, including suspending or blocking
your access to the Site. Please see our Privacy Policy for our policies
regarding privacy, which is incorporated herein by reference.
Governing Law, Location and Miscellaneous
The Souper Salad Site is operated by Souper Salad from its offices in Texas.
The laws of the State of Texas shall govern these Terms of Use, without
reference to its choice of law rules. Souper Salad makes no representation that
the information in the Site is appropriate or available for use in other
locations, and access to the Souper Salad Site from territories where the
content of the Souper Salad Site may be illegal is prohibited. Those who choose
to access the Souper Salad Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws. These
Terms of Use and all policies and documents incorporated herein by reference
constitute the entire agreement between Souper Salad and you with respect to
the subject matter herein.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or
this Web Site shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association, except
that to the extent you have violated or threatened to violate Souper Salad's
intellectual property rights, Souper Salad may seek injunctive or other
appropriate relief in any state or federal court in the state of Texas. Any
such controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in San Antonio, Texas, and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof.
Questions
If you have any questions about our Terms of Use, please
contact us.