SOUPURE TERMS OF USE

You should read these terms and conditions of use (“Terms of Use”) before accessing or otherwise the Soupure.com website (“Site”) and/or its services(“Services”).  By accessing or using the Site and/or Services, you agree to be bound by its terms and conditions. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE.  VAN SOUPS LLC, DBA SOUPURE.COM (“OUR”,“WE” AND/OR “US”) MAY MODIFY ITS TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS OF USE ON THE SITE OR VIA EMAIL.YOUR USE OF ANY OF THE SITES AND/ OR SERVICES OR PRODUCTS OFFERED ON THE SITE FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE TERMS OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATION SAND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES OR PRODUCTS SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE. 

Refund/Return Policy 

No refunds and offered once a purchase is ordered and your method of payment is charged.  If you cancel your order, you must do so 48 hours in advance of  the day your product is shipped (or delivered, if local LA delivery) or 48 hours in advance of the pickup date you have chosen.  If you cancel your order,you will be credited the exact amount to be applied to any future order. You may not cancel any orders in any time less than the 48 hours required.  By placing an order and/or using this Site, you accept and agree to the terms of purchase stated any wherein this Site, including that provided the product is maintained as herein specified and is not opened, the product you receive is guaranteed fresh until the expiration date set forth on the bottle.  Once the seal is broken and the packaging is opened, enjoy entire contents to ensure freshness.  Except as stated above, our sole liability and your exclusive remedy for product ordered through this Site is for us to either refund you the cost of the specific product you can demonstrate has been broken or damaged while under our care or during our delivery or to replace any product that you can reasonably demonstrate has been broke nor damaged while under our care or during our delivery (the choice of which shall be exercised under our sole discretion). To seek replacement of such broken or damaged product, [you may contact us by sending an email providing your contact information and indicating the number of product bottles that have been broken or damaged during transit to [email protected]. You shall be notified of the date “on or before time” of your delivery when your order is confirmed.  Your order delivery time for FedEx couriers is guaranteed by 10pm local time on your delivery date. Your shipping receipt will include your FedEx tracking number.  Because your product is perishable, it is important that you track your delivery so you know when your product will arrive.  Please know that Soupure shall have no obligation to issue a refund or offer a replacement for any delivery that shipping records indicate was made to the address indicated.  Soupure shall offer a credit/issue a replacement only for any FedEx delivery that is postponed or canceled due to inclement weather or technical problems. 

Warranties  

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS WEBSITE, THE SERVICES AND ALL PRODUCTS SOLD THROUGH THIS SITE ARE SOLD “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, BY US OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANT ABILITY OR ANY WARRANTY OF NON INFRINGEMENT. IF IT APPEARS THE PRODUCTS HAVE BEEN TAMPERED WITH OR THE TEMPERATURE HAS NOT BEEN MAINTAINED BY SOUPURE, DO NOT CONSUME THESE PRODUCTS AND CONTACT SOUPURE AT  [email protected]. 

Disclaimer 

THESE PRODUCTS SHOULD NOT IN ANY WAY BE USED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MITIGATE ANY ILLNESS, DISEASE OR CONDITION OR AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT.  OUR SITE DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE.NOTHING STATED OR POSTED ON OUR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE. THE CONTENT OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE.  BEFORE ORDERING ANY PRODUCT WE OFFER ON THIS SITE, YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS FOR USE AND CONSUMPTION OF THESE PRODUCTS.  YOU SHOULD VERIFY WITH YOUR OWN PROFESSIONAL HEALTH CARE PROVIDER ANY INFORMATION THAT YOU FIND HERE,RECEIVE FROM OUR AGENTS OR EMPLOYEES THROUGH ANY MEDIUM, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE. CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE.  CALL YOUR DOCTOR IMMEDIATELY OR CALL 911 IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS,PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR THROUGH TO THE SITE.  WE, AND ALL OWNERS, EMPLOYEES, ADMINISTRATORS,CONTRIBUTORS, WEBSITE USERS AND/OR AUTHORS HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION YOUR RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE,RESULTING FROM OR ARISING OUT OF ANYONE’S ACCESS OR USE OF THE SITE, ANY INTERACTIONS BETWEEN OR AMONGST USERS OF THE SITE, WHETHER ONLINE OR OFFLINE ,YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED THROUGH THIS SITE, AND/OR ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS,  MALICIOUS CODE(INCLUDING, BUT NOT LIMITED TO, VIRUSES, TIME BOMBS, CANCEL BOTS, WORMS, TORJAN HORSES, EASTER EGGS, SPYWARE, OR OTHER POTENTIALLY HARMFUL PROGRAMS, MATERIAL OR INFORMATION), DELAYS, INACCURACIES, AND ERRORS OR OMISSIONS ARISING OUT OF YOUR ACCESS AND USE OF THIS SITE. YOU SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, VAN SOUPS,LLC, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS,REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100). 

Proprietary Rights 

You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and is our sole and exclusive property. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Soupure.com or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  By sending or transmitting to us any suggestions, ideas, notes, concepts, information, brother materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub licensable (through multiple tiers), assignable,royalty- free, perpetual, irrevocable right to use, reproduce, distribute(through multiple tiers), create derivative works of, publicly perform,publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised,for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to us shall be fully paid-up and royalty free. In addition, under no circumstances shall BPC have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of the Soupure.com business through a merger, sale or transfer of all or substantially all of the assets of Soupure.com, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality,attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any such Submission Materials. 

Proprietary Notice/Improper Use 

You agree not to or permit any other person to:  (a) duplicate, or otherwise extract,reverse engineer, reverse assemble use or exploit any of the Content(including, but not limited to, our trademarks, service marks, logos, artwork,products or services) for any purpose without our prior written consent (b)transmit, distribute or upload any material that contains malicious code,including, but not limited to, viruses, time bombs, cancel bots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information; (c) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming”,”phishing”, “chain letters” or “pyramid schemes”; or send or transmit any message, information, data, text, software or image or other content that is in any form of solicitation or commercial or is unlawful, harmful,threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, or otherwise objectionable or which may invade or violate intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party ;(d) disrupt, impair, alter or otherwise interfere with the functions, features, or Content or use of this Site; (e) gain unauthorized access to this Site, Services or accounts, computer systems or networks(including through hacking, password mining or any other means); (f) sell,market or promote any product or service on or through this Site, including,without limitation, copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by us for the purpose of selling,engaging in, marketing or promoting any product or service; (g) impersonate any person or entity, including without limitation any Van Soups, LLC or Soupure.com employee; (h)  improperly display any TCP/IP packet header or part of the header information in any email or other postings; (i) delete any author attributions, legal notices or proprietary designations or labels that you may upload to any communication feature; (j)  delete or revise any material posted by another person or entity; (k) manipulate or otherwise display the Site and/or Services by using framing or similar navigational technology; and/or (l) use the Site and/or Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of this Site and its Services and products for any purpose that is unlawful or prohibited by these Terms of Use.Even though all of the above materials and activities are strictly prohibited, there is a small chance that you may become exposed to them while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure. 

Copyright Infringement Notification and Procedure 

If you believe in good faith that this Site contains text, images, or other elements that infringe your copyrights in your work, you or your agent may send a claim of copyright infringement to the address below. Note that the address may change from time to time, so you should check this Term of Use before sending any notification to us.. Written notification must be submitted by fax or mail to the following: David Hochman, Esq.Wolf, Rifkin, Shapiro, Schulman, Rabkin, LLC11400 West Olympic Boulevard Los Angeles, CA 90064-1582 For faxing instructions, please call 310-478-4100 All written notifications must comply with Title 17, United States Code, Section 512(c)(3)(A) and include the following: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of said owner; (b) identification of the copyrighted work(s) that has allegedly been infringed;(c)a description of the material that is allegedly infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;(d) a clear description of where the allegedly infringing material is located on our website, including as applicable its URL, so that we can locate the material; (e) your name, address, telephone number, and e-mail address; (f) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

Disclaimer Regarding Links to Other Website sand Advertisers The links on the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). We provide these links as a convenience, but we neither control nor endorse these Linked Sites,nor have we reviewed or approved the content which appears on the Linked Sites.We are not responsible for the legality, accuracy or inappropriate nature of any content, policies, advertising, products or other materials on (or omitted from) or available from any Linked Sites. You acknowledge and agree that we 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 the use of any of the links, content, goods or services available on or through the Linked Sites.  If you have any questions about how these other websites use your information. This Site may contain links to other websites, which may not have privacy policies, and we are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should contact them directly. 

Billing/Subscription Services/Accounts/Passwords and Policies 

In the event you wish to purchase or to subscribe to any of the products or Services offered on this Site, you will be asked by us or by an authorized third party to supply certain information, including without limitation, your full name, address,telephone number and credit card information.  You may also be asked to open an account, and may be required to complete a registration process (in which you will be asked to select a user name and password).  You agree to provide the foregoing or other mandatory information to us or to such third party, and you agree same is accurate, complete and current.  You are entirely responsible for maintaining the security and confidentiality of all information you provide here under, including your username and password. Furthermore, you are entirely responsible for any and all activities and conduct, where by you or anyone else, that are conducted through your account.  We shall not be liable for any loss that you may incur as a result of someone else using your information, including your account or password,either with or without your knowledge. However, you may be held liable for losses we incur as a result of someone else using your information.  You further agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges (and any applicable taxes) incurred through your account.  If we offer a subscription-based account on the Site (named“soupscriptions” on the Site) and you open such an account, you hereby agree to pay all charges (including applicable taxes) to your account in accordance with billing terms in effect at the time the fee or charge becomes payable.  We at all times reserve the right to change the amount of, or determination basis for,any fees or charges for Services we provide, and/or to institute new fees,charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. Automatic Renewal Terms for Subscription-Based Accounts: Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly,monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a soupscription-based member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.Our receipt of payment is an express condition to your right to use the Service or a specific product. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including charge back, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thus terminating all of our obligations here under. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.   Promotional discounts or gift cards (if any) are not valid towards soupscription- based services. 

Monitoring of Any Content or Postings 

We no obligation whatsoever to monitor any of the content or postings on the message boards,chat rooms or other public forums on the Site (if any). However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law,regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. 

General  

You agree to indemnify, defend, and hold Van Soups, LLC and its subsidiaries, affiliates,officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses,costs or expenses (including reasonable attorneys’ fees and disbursements)which arise directly or indirectly out of or from: (a) your use of the Site or your or anyone else’s use or consumption of any products that you purchased through the Site in violation of these Terms of Use, and/or (b) your breach of these Terms of Use. These Terms of Use and your use of this Site are governed by the laws of the State of California without giving effect to any choice of law or conflict provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Any and all disputes, claims or actions arising out of these Terms of Use or your use of this Site or any products sold through this Site will be exclusively heard in the state or federal courts located in Los Angeles County, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts.  If any provision of these Terms of Use is held to be unlawful,void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforce ability of the remaining provisions. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof. These Terms of Use, and all other provisions stated in or through this Site, including the privacy provisions,state the entire agreement between the parties relating to use of this Site and the products sold through this Site. These Terms of Use and any other provisions stated in or through this Site may be amended at any time by us without notice.The provisions and the rights and obligations set forth herein which either: by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of these Terms of Use, or must survive to give effect to the provisions of these Terms of Use, shall survive the expiration or termination of these Terms of Use,  There is no agency, partnership, joint venture, employee- employer or franchise or franchisee relationship between you and us or between us and any other user of the Site.YOU AND VAN SOUPS, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE AND/OR ANY PRODUCTS SOLD THROUGH THIS SITE MUST BE BROUGHT FORTH WITHIN ONE (1)YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

These Terms of Use were created in March 2014.

© Copyright 2014 Van Soups, LLC. All rights reserved.