SOPHIE SAFE

TERMS OF USE

Please read these terms and conditions of use. Use of the Sophie Safe Food Guide and other Sophie Safe sites signifies your agreement to these Terms of Use. If you do not agree to them, do not use the Sophie Safe sites! The Sophie Safe sites include SophieSafe.com, SophieSafeFoodGuide.com, SophieSafeCooking.com, and all other sites owned and operated by Sophie Safe, LLC. These sites shall be referred to as “Sophie Safe” throughout the remainder of this document. “Sophie Safe Service” shall refer not only to Sophie Safe, but to the Content (as defined below) and services offered on Sophie Safe.

THIS TERMS OF USE AGREEMENT ("AGREEMENT") SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SOPHIE SAFE SERVICES. BY USING THE SOPHIE SAFE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER YOU ARE A "VISITOR" (WHICH MEANS THAT YOU SIMPLY BROWSE THE SOPHIE SAFE WEBSITE) OR YOU ARE A "SUBSCRIBER" (WHICH MEANS THAT YOU HAVE REGISTERED WITH SOPHIE SAFE). THE TERM "USER" REFERS TO A VISITOR OR A SUBSCRIBER. YOU ARE ONLY AUTHORIZED TO USE THE SOPHIE SAFE SERVICES (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE SOPHIE SAFE AND DISCONTINUE USE OF THE SOPHIE SAFE SERVICES IMMEDIATELY.

Updating:

Terms of Use may be updated from time to time. Sophie Safe, LLC will post new terms and conditions when applicable and your continued use of the websites indicates that you accept the new terms and conditions.

Accuracy of Information:

Sophie Safe works to ensure that product information is accurate. However, manufacturers may alter their ingredient lists. Actual product packages may show different or additional information as compared with information on Sophie Safe. For this reason, you should always read the labels at the time of consumption. Sophie Safe obtains ingredient information for products intended for consumers in the United States of America. Products intended for sale and consumption in other countries may or may not have the same ingredient information. Sophie is intended for use by consumers in the United States only.
Additionally, Sophie Safe is intended for reference purposes only, and not intended to be medical advice. Always follow the advice of a licensed physician. Sophie Safe is not intended to diagnose, treat, or cure any medical problems. Sophie Safe does not accept liability for anything you eat, or the outcome of eating any product.

Sophie Safe Content, including health-related and nutritional information, is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any health-related or nutritional statements found on our websites or on any third-party websites accessed through our websites. You should always consult with your physician prior to changing or undertaking any new diet or using any health-related or nutritional information. Never disregard professional medical advice or delay in seeking it because of something you have read on our websites.

Age of Users:

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Registration and Security:

In order to use some portions of the Sophie Safe Service, you will be required to register with Sophie Safe, you will be required to provide your email address, and you will be required to select a password. Without limitation, you may not (a) enter, select or use information owned or controlled by another person with the intent to impersonate that person or (b) use as a User ID a name subject to any rights of a person other than you. Sophie Safe reserves the right to cancel a User ID at its discretion. Your User ID and password will be for your personal use only. You may not permit anyone else to use your User ID or password. You will be responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password. You agree to (i) immediately notify Sophie Safe of any unauthorized use of your User ID or password and (ii) ensure that you exit from your account at the end of each session.

Subscription Fees:

In order to use or access certain portions of the Sophie Safe Service, you may be required to become a subscriber of the Sophie Safe Service. If you become a subscriber to any of the subscription-only portions of the Sophie Safe Service, you agree to pay the applicable subscription fees.

Use of the Sophie Safe Service:

Subject to the restrictions on use and on posting set forth in these Terms of Use, you may use the Sophie Safe Service to (i) invite people you know to join Sophie Safe; and (ii) download or copy the portions of the information available via the Sophie Safe Service ("Content"), and other items displayed on the Sophie Safe Service, solely for your own non-commercial use. You may not copy or distribute any portion of the Sophie Safe Service or Content for any purpose not expressly authorized in these Terms of Use without the express written permission of Sophie Safe. UNDER NO CIRCUMSTANCES WILL SOPHIE SAFE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE ANY CONTENT. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT.

Without limitation to any other restrictions contained in these Terms of Use, unless otherwise expressly permitted by Sophie Safe, you agree that you will not (and will not allow any third party to):

Content Posted by Users:

Copyright Dispute Policy:

Sophie Safe respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us. You may not post, use, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Sophie Safe to terminate Subscription privileges of any Subscriber who repeatedly infringes the copyright rights of others upon receipt of proper notification to Sophie Safe by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing and in accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), if you believe that your work has been copied and posted on Sophie Safe in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sophie Safe Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. Sophie Safe's Copyright Agent for notice of claims of copyright infringement can be reached by emailing sophiesafe@gmail.com and including "Copyright Agent" in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Privacy:

Use of Sophie Safe Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed at www.sophiesafefoodguide.com/privacy.html

Termination:

We reserve the right in our sole discretion and at any time to terminate or suspend your Subscription and/or block your access to Sophie Safe for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Sophie Safe shall not be liable to you or any third party for any termination or suspension of your Subscription or for blocking your access to Sophie Safe.

If you become a registered user, you may terminate your Subscription at any time by sending an e-mail to sophiesafe@gmail.com; provided, however, that you terminate your subscription, you will not be entitled to any refund of your subscription fees.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Subscription or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions.

Ownership:

The Sophie Safe Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content, the Sophie Safe Cookbooks, instructions and comments related to the recipes, and other elements comprising the Sophie Safe Service are also subject to copyright protection. The Sophie Safe Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights in it, are owned by Sophie Safe, its suppliers or licensors. You acknowledge that the Sophie Safe Service and any underlying technology or software used in connection with the Sophie Safe Service contain Sophie Safe's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on or in connection with Sophie Safe or the Sophie Safe Service, in whole or in part, except as expressly provided in these Terms of Use. Except as expressly and unambiguously provided in these Terms of Use, Sophie Safe and its suppliers and licensors do not grant you any express or implied rights, and all rights in the Sophie Safe Service not expressly granted by Sophie Safe to you are retained by Sophie Safe.

Disclaimer:

Sophie Safe does not guarantee that the Sophie Safe Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Sophie Safe Service is free of viruses or other potentially harmful components. Sophie Safe may contain links to other websites. Sophie Safe is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Sophie Safe. Inclusion of any linked website in connection with the Sophie Safe Services does not imply approval or endorsement of the linked website by Sophie Safe. When you access these third-party sites, you do so at your own risk. Any material or Content downloaded or otherwise obtained through the use of the Sophie Safe Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY SUBSCRIBER OR USER FROM OR THROUGH SOPHIE SAFE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU EXPRESSLY AGREE THAT USE OF SOPHIE SAFE AND THE SOPHIE SAFE SERVICES IS AT YOUR SOLE RISK. SOPHIE SAFE AND THE SOPHIE SAFE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, SOPHIE SAFE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT SOPHIE SAFE OR THE SOPHIE SAFE SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF SOPHIE SAFE, THE SOPHIE SAFE SERVICES OR CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SOPHIE SAFE OR ACCESSED THROUGH SOPHIE SAFE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SOPHIE SAFE OR THE SOPHIE SAFE SERVICES; (6) WARRANTIES THAT YOUR USE OF SOPHIE SAFE WILL BE SECURE, UNINTERRUPTED OR VIRUS-FREE; AND (7) WARRANTIES THAT ERRORS CAN OR WILL BE CORRECTED.

SOPHIE SAFE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, USE OR INABILITY TO USE THE SOPHIE SAFE SERVICES, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR SUBSCRIBER COMMUNICATION. SOPHIE SAFE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SOPHIE SAFE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING CONTENT OR MATERIALS IN CONNECTION WITH THE SOPHIE SAFE SERVICES. UNDER NO CIRCUMSTANCES SHALL SOPHIE SAFE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SOPHIE SAFE SERVICES, ATTENDANCE AT A SOPHIE SAFE EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE SOPHIE SAFE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SOPHIE SAFE SERVICES, WHETHER ONLINE OR OFFLINE.

Limitation on Liability:

(A) UNDER NO CIRCUMSTANCES SHALL SOPHIE SAFE, LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SOPHIE SAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH SOPHIE SAFE, THE SOPHIE SAFE SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH SOPHIE SAFE, INCLUDING, WITHOUT LIMITATION, THE CONTENT IS TO STOP USING SOPHIE SAFE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF SOPHIE SAFE OR ANY LINKS ON SOPHIE SAFE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF SOPHIE SAFE OR ANY LINKS ON SOPHIE SAFE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON SOPHIE SAFE.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF SOPHIE SAFE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY SOPHIE SAFE DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF SOPHIE SAFE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." In some jurisdictions limitations of liability are not permitted. In those jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

Indemnity:

You agree to indemnify and hold harmless Sophie Safe, LLC and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Sophie Safe Services; (ii) User Content provided by you or through use of your Subscription; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

Disputes:

If there is any dispute about or involving the Sophie Safe Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, City and County of Denver. Either Sophie Safe or you may demand that any dispute between Sophie Safe and you about or involving the Sophie Safe Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Denver, Colorado, USA, provided that the foregoing shall not prevent Sophie Safe from seeking injunctive relief in a court of competent jurisdiction.

Miscellaneous:

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Sophie Safe in any respect whatsoever. Sophie Safe may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Sophie Safe Service. These Terms of Use, including all policies, terms, guidelines and rules referenced in these Terms of Use, contain the entire agreement between you and Sophie Safe regarding the use of the Sophie Safe Service. The failure of Sophie Safe to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for in these Terms of Use will not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Sophie Safe's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Contact and Violations:

Please contact us with any questions regarding these Terms of Use and report any violations of these Terms of Use to sophiesafe@gmail.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Effective: January 19, 2010.