Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

These Terms of Use apply to your access to, and use of, all or part of any website of San Francisco Soup Company and/or its subsidiaries and affiliates (collectively, “San Francisco Soup Company”).

By accessing this web site (“the Site”), you are agreeing to be bound by these Terms and Conditions of Use and all applicable laws and regulations, and you agree that you are responsible for compliance with all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Proper Use of our Site

You may not use our Site for any purpose that is unlawful or prohibited by this agreement, or cause damage on or through our Site. You promise that none of your communications with or through the Site will violate any local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

Users and Accounts

In order to participate in certain areas of our Site, you will need to register for an account. In creating an account, you agree to:
1. Create only one account;
2. Provide accurate, truthful, current and complete information;
3. Keep your information updated and accurate;
4. Protect your password and access to your account;
5. Notify San Francisco Soup Company if you discover or otherwise suspect that the security of your account has been compromised or breached; and
6. Take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account.

This Site is not intended for use by anyone under the age of 13. Anyone between ages of 13 and 18 may only use the Site under the supervision of a parent or a legal guardian who agrees to be bound by these Terms of Use. When a user discloses personal information on the Site, the user is representing to us that he or she is over 18.

Use License

Permission is granted to browse through the Site and occasionally download a copy of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not use the materials for any commercial purpose, or for any public display (commercial or non-commercial). You must keep intact all copyright, trademark and other notices contained in your personal copies, and you may not remove any copyright or other proprietary notations from the materials. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the site. You may not attempt to alter or modify the content posted on the site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the site itself. This license shall automatically terminate if you violate any of these restrictions and may be terminated by San Francisco Soup Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Termination

Notwithstanding any of these Terms of Use, San Francisco Soup Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site or its programs.

Disclaimer

The materials on our Site are provided “as is”. San Francisco Soup Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, San Francisco Soup Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.

Limitation of Liability

To the fullest extent allowed by applicable law, in no event shall , its officers, directors, employees, shareholders or agents, and any others involved in creating the Site and its contents be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive or other damages arising from the use or inability to use the materials on the Site, even if San Francisco Soup Company or an San Francisco Soup Company authorized representative has been notified orally or in writing of the possibility of such damage. This includes but is not limited to damages or injury caused by error, omission, interruption, defect, failure or performance, unauthorized use of this Site, line failure, computer virus, or other harmful component. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. However, in no event shall San Francisco Soup Company’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

Indemnification

You agree to defend, indemnify and hold harmless San Francisco Soup Company, its affiliate , employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any user content or ideas you provide; (c) your violation of these Terms and Conditions of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.

Revisions and Errors

The materials appearing on our Site could include technical, typographical, or photographic errors. San Francisco Soup Company does not warrant that any of the materials on its Site are accurate, complete, or current. San Francisco Soup Company may make changes to the materials contained on its Site at any time without notice. San Francisco Soup Company does not, however, make any commitment to update the materials.

Linked Websites

You may be able to navigate away from our Site to other web sites which are linked to ours. Those web sites are not under our control. We are not responsible for the accuracy or reliability of the information on such linked web sites and we cannot vouch for the data, opinions, advice or statements made there. Even if we visit those web sites, we cannot be responsible for updating or correcting false or misleading information on any third-party web site. Further, we are not responsible for the goods or services that may be offered on other web sites. The inclusion of any link does not imply endorsement by San Francisco Soup Company of the Site. Use of any such linked web site is at the user’s own risk.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to us through this Site (together, the “Submission”) will forever be the property of San Francisco Soup Company. San Francisco Soup Company will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future San Francisco Soup Company operations. Any material you submit to this site will be deemed a grant of a royalty free non-exclusive right, license, and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived.

Modifications to Site Terms and Conditions

We may revise these Terms and Conditions of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to our Site shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Site, regardless of who initiated the proceeding.

Severability

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Additional Terms

Certain products or services offered by this Site, and certain areas within this Site may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and these Terms and Conditions of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms and Conditions of Use, the Additional Terms shall control.

Value Cards

San Francisco Soup Company may allow you to purchase stored value cards through the Site. Please refer to the Value Cards Terms and Conditions for more information about the terms, conditions and policies that apply to your purchase and use of Value Cards

San Francisco Soup Company Fresh Perks

You can enroll in the San Francisco Soup Company Fresh Perks (“Fresh Perks”) program to receive emails, push notifications, or other methods with the latest news and offers. The term “Member” as used below refers to a guest who creates an Fresh Perks profile by providing their name, username, password, valid email address, zip code of their primary residence and date of birth. Eligibility for Program participation includes only those United States residents who are over 18 years of age. Eligible guests are responsible for keeping their Fresh Perks profile information, e.g., email address, up-to-date to ensure they receive Fresh Perks news, offers, and coupons as outlined in these terms and conditions. We are not responsible for any Fresh Perks news, reward-earning opportunity, or coupon delivery sent to an incorrect or incomplete address if that address is the address for the enrolled Member at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, or illegible mailings. We reserve the right to correct and not honor errors made in our communications with you. From time to time San Francisco Soup Company may make special offers available to Members based possibly on your transaction history. These special offers may have specific terms and conditions outlined in the offer. Enrollment in the Fresh Perks does not guarantee receipt of Fresh Perks news and offers, or guarantee participation in any promotional offer. Purchases may be required. Accounts must be registered, and may be required to be presented. Number, type and frequency of rewards are based upon a number of factors, each subject to change. One reward redeemable per transaction. Rewards will be forfeited if not used within allotted time frame. Rewards subject to change or substitution. No exchanges or combination with other discounts or coupons. Other limits apply. A unique and valid email address may be required. Fresh Perks terms and conditions are subject to change or termination without notice. Continued participation in the Fresh Perks constitutes acceptance of the then-current terms and conditions. San Francisco may cancel or modify the Program at any time. If the program is cancelled or modified, all points and rewards may be modified or made invalid at San Francisco Soup Company discretion and there is no obligation from San Francisco Soup Company to participants of Fresh Perks Program.

Copyright and Trademark

Unless otherwise noted, all materials on this Site (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trademarks and/or other intellectual properties owned by San Francisco Soup Company or by other parties that have licensed their material to San Francisco Soup Company. Additionally, the Site itself is protected by copyright as a collective work and/or compilation. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by San Francisco Soup Company.

Changes to our terms of use. Be sure to check this page periodically for updates, as your continued use of this Application/Site and/or participation in any Program or use of any service signifies your acceptance of any changed items.

Your use of this Application/Site. There are limits on what content you may download from this Application/Site and what you may do with it. Don’t use this Application/Site for anything illegal, offensive, which violates the terms of use , causes damage, or to infringe any party’s rights.

Fees. There may be data usage or other like fees owed to your mobile carrier, and you are responsible for payment of any items purchased through this Application/Site.

Online Ordering. We use a third party provider to process credit card payments. You may be able to associate your credit card with your account. This will be done my means of tokens, not your actual credit card number. Discounts, coupons and other offers may not be able to be combined with online ordering. Not all menu items are available at every location.

Product Availability and Nutritional Info.San Francisco Soup Company may discontinue or change specifications on products. Portion size references (extra, light, etc.) do not indicate nutrient content information of any kind.

Accounts. If you join a Program or set up an account for a Program or service, San Francisco Soup Company may also make account(s) for other Programs or services available to you. You are responsible for activities occurring under, and for maintaining the confidentiality of, your Program member card(s), account(s), username(s) and password(s). If you believe your account(s) have been compromised, notify us immediately, and take immediate action to remove any credit card information associated with your account(s).

Product Availability and Nutritional Info. San Francisco Soup Company may discontinue or change specifications on products. Portion size references (extra, light, etc.) do not indicate nutrient content information of any kind.

Disclaimer of Warranty and Limitation of Liability.

THIS APPLICATION/SITE AND ALL ITS CONTENTS, AND EACH FRANCHISEE, SUPPLIER AND THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THIS APPLICATION/SITE, AND ALL PROGRAMS AND SERVICES PROVIDED BY SAN FRANCISCO SOUP COMPANY, ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

UNDER NO CIRCUMSTANCES WILL ANY SAN FRANCISCO SOUP COMPANY PARTY BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THIS APPLICATION/SITE, ITS FEATURES AND/OR ITS CONTENT, OR ANY PROGRAM OR SERVICE, EVEN IF SUCH SAN FRANCISCO SOUP COMPANY PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE. THE SAN FRANCISCO SOUP COMPANY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON OR THROUGH THIS APPLICATION/SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS APPLICATION/SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS APPLICATION/SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. SAN FRANCISCO SOUP COMPANY BREAD UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.

In no event shall the aggregate liability of any San Francisco Soup Company Party for damages, losses, and causes of action exceed your actual and direct damages, or $100, whichever is less, and in any event the liability of any San Francisco Soup Company Party is limited to the greatest extent permitted by law. You agree to bring any and all actions within one year (or any shorter period of time identified in any applicable statute of limitation) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.