No refunds and offered once a purchase is ordered and confirmed. If you cancel your order, you must do so 48 hours in advance of the delivery or pick up date you have chosen, and you will be credited the exact amount to be applied to any future order. You may not cancel any orders less than 48 hours before expected delivery and/or pick up. By placing an order and/or using this Site, you accept and agree to the terms of purchase stated anywhere in this Site, including that the product you receive is guaranteed fresh for exactly 3 days from the day you receive it. Except as stated above, our sole liability and your exclusive remedy for product ordered through this Site is for us to replace any product that you can reasonably demonstrate has been broken or damaged during delivery. 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].
Soupure.com does not guarantee arrival time for shipped or delivered orders. Our deliveries are shipped via Fed Ex overnight express and are generally expected to arrive by 11am depending on your location.
Warranties/Warning as to Unpasteurized Products
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 MERCHANTABILITY OR ANY WARRANTY OF NONINFRINGEMENT.
WARNING/PROFESSIONAL ADVICE DISCLAIMER: SOME OF OUR PRODUCTS HAVE NOT BEEN PASTEURIZED. AS A RESULT, THESE PRODUCTS MAY CONTAIN HARMFUL BACTERIA THAT CAN CAUSE SERIOUS ILLNESS IN CHILDREN, THE ELDERLY, AND PERSONS WITH WEAKENED IMMUNE SYSTEMS. OUR PRODUCTS ARE ONLY GUARANTEED FRESH FOR 3 DAYS. DO NOT CONSUME ANY OF OUR PRODUCTS AFTER 3 DAYS FROM THE DATE YOU HAVE RECEIVED THEM. ALSO, IF IT APPEARS THE PRODUCTS HAVE BEEN TAMPERED WITH, DO NOT CONSUME THESE PRODUCTS.
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 UDERS 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, CANCELBOTS, 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).
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, or other 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, sublicensable (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 theSoupure.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
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, LLC
11400 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 Websites and 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 hereunder, 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 chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thus terminating all of our obligations hereunder. 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.
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.
© Copyright 2014 Van Soups, LLC.
All rights reserved.
Our Commitment to Privacy
We respect and protect your privacy online. We do not sell or rent your information to third parties, however the information we do collect, (i.e. your name, address, billing and contact information) is saved when you place an order in order to process your order. We do not authorize any third parties to make any other use of your information other than that which assists in processing and fulfilling your order or as otherwise set forth below.
We take reasonable security measures in order to protect the loss, misuse and alteration of the information we collect from you. Please contact this Site’s Webmaster if you wish to find out more about the security measures we have implemented.
Information We Collect and How it is Used, and Purposes for Collecting of Information
This Site will never knowingly or intentionally collect any personal information about children under the age of 13. If the Site obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will immediately be deleted from its database.
We collect the following information from you: (a) information you explicitly provide to us by completing any registration or account or order form(s) on or through this Site, including your name, email and mail addresses, and credit card information, and (b) information that is automatically collected by us when you visit this Site. We use this information for our own internal purposes, which are more fully explained below. We do not share your information with any other parties (outside of Van Soups, LLS affiliate, including, without limitation, its affiliates, parent, subsidiaries, predecessors or successors in interest, assigns or any entity merged into or with Van Soups, LLC (if any), and its authorized representatives and consultants who assist in
Information You Explicitly Provide
When you place an order, you may be required to create an account with or may be asked to fill out a contact us, profile or registration form to qualify for certain rewards, all of which will require you to fill out certain information about yourself (including your telephone number, credit card information and physical and/or e-mail addresses) and may require a user chosen password. The information we collect is used for our own internal order and product tracking and service evaluation purposes. . In order to confirm your order on this site (“Site”), we may send you emails for confirmation and in special cases may need to contact you via phone, postal mail if we have additional questions regarding your order. From time to time, we also may use this contact information to send you Soupure-related mailings, email alerts and other materials, including information related to this Site and product updates. We also retain certain portions of your contact information for our internal records. If you wish, when you create an account or submit your information to this Site, you may elect not to receive future mailings of our email alerts. In addition, at any time after creating an account with us or submitting your information to this Site you may ask us not to send you any further information about Soupure or this Site. See “How to Opt Out” below.
Information We Automatically Collect
When you connect to the Internet, your computer has a unique identification code called a “MAC ADDRESS”. You also have an “IP address.” Depending on the way you access the Internet, you may also have a different IP address each time you connect, or your IP address may be the same each time, or it may not be a unique IP address – you may share the IP address with others using your router. We log the IP addresses of users who visit this Site. We use your IP address for system administration purposes, such as to help diagnose problems with our server. In addition, we may use your IP address to help identify you and to gather broad demographic information about you and the rest of the users who visit this Site. We may also use Google Display advertising and Google Analytics for analytical features per Google. Such services may include Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, or Google Analytics Demographics and Interest Reporting. Using the Ads Settings you may opt-out of Google Analytics for Display Advertising and customize Google Display Network ads. Click here to see a list of currently available opt-outs per Google Analytics.
Disclosure and Use of Collected Information
We may provide aggregate information about visitors to this Site and our customers, sales, Site traffic patterns and related Site information to our affiliates, including without limitation our parent, subsidiaries, predecessors, successors and assigns or any entity merged into or with Van Soups, LLC (if any).
We may also disclose any and all information when we, in good faith, believe that the law requires it or if disclosure is necessary to protect our legal rights.
We use collected information for many purposes, including, but not limited to, communicating with you (as further set forth herein) administering and improving this Site, diagnosing systems’ problems, and developing new ideas and services. We do not share your personally identifiable information with other third party companies for their commercial or marketing use without your consent, other than to process any requests or other matters related to this Site. We do share non-personally-identifiable information (such as anonymous user usage date, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions and/or functionality on this Site.
In the event that Van Soups, LLC is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
How to Correct Your Information
You have the ability to correct or change any information which you have previously provided to us at any time and as often as necessary by going to your account settings on the Site or by sending email to [email protected]. You may change this information.
How To Opt Out
You may opt out of receiving further communications from us at the time you register an account with this Site or provide your information to this Site. Or, if you initially decide to receive information from us but at a later date wish to remove your information from our database, you can do so by sending an email to [email protected] (and mention that you have an opt-out request related to this Site).
“Cookies” are a feature of web browser software that allows servers to recognize the computer used to access a Site. They are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Information gathered through cookies and web server logs may include information such as the date and time of visits, the pages viewed, time spent at this Site, and the websites visited just before and just after this Site. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with this Site by the same user or to use the information to streamline the user’s transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.
We use Site browser software tools such as cookies and web server logs to gather information about this Site’s users’ browsing activities in order to constantly improve this Site and better serve our users of this Site. This information helps us to design and arrange our web pages in the most user-friendly manner and to continually improve this Site to better meet the needs of our users and prospective users. We do not use these technologies to capture your individual e-mail address or any personally identifying information about you. If you have turned off all cookies, you may not be able to access some or all of the areas on this Site.
Your California Privacy Rights California Civil Code Section 1798.83 permits those customers that are California residents to request certain information regarding our disclosure of your personal information to other parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write to us at: Van Soups, LLC, Attn: Angela Blatteis, 10940 Wilshire Blvd Ste 600, Los Angeles, CA 90024
© Copyright 2014 Van Soups, LLC. All rights reserved.