Welcome to Mister Softee Memphis (the “Site”). Please read these Terms and Conditions carefully. If you are unwilling to accept the terms and conditions herein, please do not use the Site. By using the Site, you are agreeing to abide and be bound by the following Terms and Conditions (“Terms”).
1. Use of Site Content
Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or presented to you through this Site (“Content”), is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by the Site owner (“Company”). These Terms do not transfer any right, title, or interest in the Site or the Content to you, and Company and its third party advertisers and affiliates retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without Company’s permission. Requests for such permission should be made to: , and/or 5533 Millers Glen Cove, Memphis, TN 38125 United States.
Except as expressly provided in these Terms, nothing contained in these Terms or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. All rights not expressly granted herein are reserved.
2. Mister Softee Memphis is not affiliated with, endorsed by, authorized by, or associated in any way with any government (whether federal or state), government agency, military, or country. The Site and Content have been prepared for general information purposes only. By using this Site, you expressly agree that any such use is solely for personal, non-commercial use. The Site provides links to other websites and access to content, products and services of third parties, including without limitation, Company’s third party advertisers, affiliates and strategic partners (“Third Party Sites”).
3. Prohibited Use of the Site You may not:
Send unsolicited commercial email to the email addresses provided on the Site; Delete, modify or attempt to change or alter any of the Content on the Site; Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with another’s use of the Site; Use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission; Use any “robot,” “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or Use any Company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.
4. Not Legal Advice The Content on the Site is intended to provide information only and is not legal advice of Company. Any opinions expressed through Content on the Site are the opinions of the particular author and may not reflect the opinions of the Company.
5. Modifications to Terms
Mister Softee Memphis may change these Terms from time to time, without prior notice, by posting the modified Terms on the Site, which may be accessed by clicking the “Terms and Conditions” link at the bottom of the homepage. Your continued use of this Site following any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modification, or become dissatisfied with the Site in any way, your sole recourse is to immediately terminate your use of the Site.
6. Mister Softee Memphis reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. These Terms shall survive termination of these Terms or your right to access to the Site. You acknowledge and agree that Mister Softee Memphis shall not be liable to you or any third party in the event that it exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
8. Mandatory Arbitration
If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable.
If we have a dispute, we will submit our dispute for resolution by arbitration. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of this Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration and arbitrator fees unless the arbitrator determines that a party’s claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms of Website Use do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
9. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), Company has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: , and/or 5533 Millers Glen Cove
Memphis, TN 38125 United States. When notifying Mister Softee Memphis of the alleged copyright infringement, please include all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material; Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and if material is believed in good faith by Mister Softee Memphis to infringe a copyright or otherwise violate any intellectual property rights, Mister Softee Memphis will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with Company’s copyright agent, identified above. You may want to seek independent legal counsel before filing a notification or counter-notification.
To the fullest extent permissible pursuant to applicable law, the site and all content, materials, information, products and services provided on the site, are provided on an “AS IS” and “AS AVAILABLE” basis. Mister Softee Memphis expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, integration, non-interference with enjoyment, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Awesome Web Designer makes no warranty, and expressly disclaims any obligation, that: (A) The site will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basic; (B) The content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (C) The results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable; (D) The quality of any products, services, information, or other material obtained by you through the site will meet your expectations; or (E) That defects, if any, will be corrected. You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the site us used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.
Limitation of Liability
In no event shall Mister Softee Memphis be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for cost of procurement of substitute services, loss of profits, revenue, data, goodwill, or use, incurred by you or any third party, whether in an action in contract or tort (including negligence and strict liability), arising from your access to or inability to access, or use of, the site or any services provided in connection with the site, or otherwise resulting from: (1) The cost of procurement of substitute services, goods, or websites, (2) Unauthorized access to or alteration of your transmissions or data, (3) The statements or conduct of any third party on the site, or (4) Any other matter relating to the site, even if company was advised that such damages were likely not possible. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment or system, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any force majeure. Some jurisdictions do not allow certain limitations or exclusions of liability in some circumstances. Accordingly, some of the foregoing limitations may not apply to you.
You agree to indemnify, defend and hold harmless Mister Softee Memphis, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of these Terms.
Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the state of Tennessee without regard to its choice of law rules. You consent to personal jurisdiction by the state and federal courts located in Memphis, Tennessee. Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by binding arbitration before a neutral arbitrator administered in Memphis, TN, in accordance with its applicable arbitration rules, as then in effect.
Limitation of Actions
You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Mister Softee Memphis to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
Contact Information If you have any questions regarding these Terms or the Site, please contact Company at:
Mister Softee Memphis
5533 Millers Glen Cove
Memphis, TN 38125