UNIVERSAL TERMS OF SERVICE
These UNIVERSAL TERMS OF SERVICE are an agreement which sets forth the terms and conditions (collectively, the “UTOS”) governing the use of the website (www.sourceofsources.com) and/or mobile-optimized versions thereof, products, emails and services to which the UTOS are linked (collectively the “Website and Services”), all of which are owned or operated by Jessa and Waffle, LLC d/b/a Source of Sources, its parent, subsidiaries, affiliates and/or brands (collectively, the “Company”), and applies to any Website visitor’s use and/or purchase(s) of any products, software, applications, or other Services. The term “Website” also includes and is not limited to any subdomains of the Website and any content, code, data, services, products, features, or functionality made available from or through the Website.
The Company reserves the right to and may change the UTOS from time to time, at any time, without notice to a visitor, user, or Customer, by posting such changes on the Website. By accessing and/or using the Website and Services, Customer indicates that Customer has read, understands, acknowledges, and agrees to be bound by the UTOS, along with the Privacy Policy, which is incorporated herein by reference.
USE OF THE WEBSITE AND/OR SERVICES CREATES A CONTRACT BETWEEN A VISITOR, USER, OR CUSTOMER, AND THE COMPANY, AND EACH HEREBY ASSENTS, ACCEPTS, AND AGREES TO BE BOUND BY THE UTOS AND AGREEMENTS (AS DEFINED HEREIN). PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF A VISITOR, USER, OR CUSTOMER DOES NOT AGREE TO THE UTOS AND AGREEMENTS, DO NOT USE THE WEBSITE OR SERVICES.
Modifications to the Services, Website and/or Agreements
Modifications at Any Time
The Company may, in its sole and absolute discretion, at any time, change or modify the UTOS, any Service, Service-related terms and conditions (“Service Terms”), and the Privacy Policy, all of which are hereby incorporated by reference, and such changes or modifications shall be effective immediately upon posting to the Website.
UTOS Controls
The UTOS, Service Terms, and Privacy Policy may be referred to collectively as the “Agreements.” Unless otherwise stated, capitalized terms shall have the meanings set forth in the UTOS or Privacy Policy. In the event of a conflict between the provisions of the UTOS and the terms in any Service Terms or Privacy Policy, the provisions of the UTOS shall control.
BY USING THE WEBSITE AND SERVICES, EACH VISITOR, USER, AND CUSTOMER ACCEPTS AND AGREES TO ABIDE BY THE AGREEMENTS AND REPRESENTS AND WARRANTS THAT EACH HAS THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENTS INDIVIDUALLY OR ON BEHALF OF THE ENTITY THEY REPRESENT, AS THE CASE MAY BE. IF A VISITOR, USER, OR CUSTOMER DOES NOT AGREE TO THE AGREEMENTS, THEN THEY SHOULD NOT ACCESS OR OTHERWISE USE THE WEBSITE AND SERVICES.
Acceptance of Changes
A visitor, user, or Customer’s access to and/or use of the Website and/or Services after modifications have been made to any of the Agreements shall constitute such party’s acceptance of the Agreements as of the “Effective Date” stated at the top of each Agreement.
Notice of Changes
The Company may (but is not obligated to) notify Customer of changes or modifications to the Agreements by electronic mail or other methods. Thus, it is essential that the Customer keep Customer’s account information accurate and up to date. The Company assumes no liability or responsibility for Customer’s failure to receive any notification if such failure results from the Customer’s inaccurate account information.
Termination of Access
The Company, in its sole and absolute discretion, may terminate Customer’s access to an account or any of the Website or Services for Customer’s violation, threatened violation, or breach of any of the Agreements.
COMPANY RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THE WEBSITE, SERVICES, AND AGREEMENTS, INCLUDING, WITHOUT LIMITATION, PRICING OR FEES, AT ANY TIME, WITH OR WITHOUT NOTICE.
Company reserves the right to cease offering or providing any of the Services or individual features, functionalities, or aspects of any Service at any time, for any reason or none at all, without prior notice. Although the Company makes a great effort to maximize the lifespan of all Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service will be continued or reach its end-of-life (“EOL”). In either case, that Service, or the specific feature, functionality, or aspect of that product, will no longer be supported by the Company, in any way, effective on the EOL date. In the event that any Service reaches or will reach EOL, the Company will attempt to notify the Customer in advance of the EOL date.
It is the Customer’s responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date (if available), or by entirely ceasing its reliance on such Service before the EOL date. Company will either offer a comparable Service (if possible) to migrate to for the remainder of the Term (as defined herein), a prorated credit, or a prorated refund, to be determined by the Company in its sole and absolute discretion.
The Company may, with or without notice to the Customer, migrate Customer to the most up-to-date version of the Service, if available. The Customer agrees to take full responsibility for any and all loss or damage arising from any such migration. However, if the Service maintains a reasonably equivalent functionality without such feature, functionality, or aspect, as determined by the Company in its sole and absolute discretion, the Company will not be required to offer a comparable feature or functionality for the Service or a refund. The Company will not be liable to the Customer or any third party for any modification, suspension, or discontinuance of any Service or individual features, functionalities, or aspects of a Product offered, provided, or facilitated.
Ownership
All content included on the Website and within the Services (including the emails) are and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other intellectual and proprietary rights.
Any copying, redistribution, dissemination, recirculating, retransmitting, scraping, use or publication, in any form or manner, by a visitor, user or Customer of any such content or any part of the Website or Services (including, without limitation, the emails with the Queries), in any form or manner, directly or indirectly, including, without limitation, reproduction, dissemination, scraping, retransmission or recirculation, in any manner whatsoever, in whole or in part, (including without limitation, manually or via any form of automation, including artificial intelligence), is prohibited, except as expressly permitted in the Agreements.
Under no circumstances will a visitor, user or Customer acquire any ownership rights or other interest in any content by or through use of the Website or Services.
Intended Audience
The Website and Services are intended for adults only. The Website and Services are not intended for any individual under the age of eighteen (18).
Authority to Contract
Availability
The Services are available only to individuals or entities who can form legally binding contracts under applicable law. By signing up for and/or using the Services, Customer represents and warrants that Customer (or an entity’s representative) is at least eighteen (18) years of age; otherwise recognized as being able to form legally binding contracts under applicable law; and/or is not a person barred from purchasing or receiving the Services under the laws of the United States or other applicable jurisdiction.
Authority to Bind
If Customer enters into the Agreements as a representative or on behalf of a legal entity or third party that retains or may retain ownership in a Customer’s account, then Customer hereby represents and warrants that Customer has the legal authority to bind such legal entity or third party to the terms and conditions contained in the Agreements, in which case the term “Customer” shall refer to such entity or third party.
If, after Customer’s electronic or other acceptance of the Agreements, Company finds that Customer does not have the legal authority to bind such entity or third party, Customer will be personally responsible for the obligations contained in the Agreements, including, but not limited to, any payment obligations.
Company shall not be liable for any loss or damage resulting from Company’s reliance on any representation, instruction, notice, document or communication reasonably believed by Company to be genuine and originating from an authorized representative of Customer’s entity or third party. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Company reserves the right (but undertakes no duty) to require additional authentication from Customer. Company further reserves the right to suspend, cancel or terminate a Customer’s account in the event of a dispute of ownership of such an account or any Customer Content (as defined herein) between the claimed owner and a representative acting on behalf of an entity.
Customer Content
“Customer Content” is defined as content that is submitted to, stored on or distributed or disseminated by Customer, including queries, via the Services and also includes (but is not limited to) content of Customer’s website(s), customer(s) and/or user(s).
Customer further agrees to be bound by the terms of the Agreements for all transactions entered into by Customer, anyone acting as Customer’s agent and anyone who accesses or uses the Customer’s account or the Services, whether or not authorized by Customer.
Voluntary Submissions
A visitor, user and/or Customer acknowledges and agrees that any submissions (i.e., telephone, email, posting, direct messaging/chat, etc.) to Company are entirely voluntary, do not establish a confidential relationship or obligate Company to treat such submission as confidential or secret, that Company has no obligation, either express or implied, to develop or use any submission, and no compensation is due for any intentional or unintentional use of any submissions, and that Company may be working on the same or similar content, it may already know of such content from other sources, it may wish to develop this (or similar) content on its own, or it may have taken or will take some other action.
A visitor, user and/or Customer acknowledge and agree that Company may retain such submissions to collect information to enhance a visitor, user and/or Customer experience.