You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the service. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.
Payment and Billing
You acknowledge and agree that for each order you place through SuperSandwich.com, the full cost of Products you order (for which prices are subject to change without notice) assessed against your credit card, charge card, gift card, or cash card. You acknowledge and agree that a web browser command originating from your account constitutes an authorization for the website to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account.
You may pay for Your orders with major credit/debit cards. Currently we accept Visa®, MasterCard®, Discover® and American Express®.
Generally, your order is custom made and shipped within minutes of being placed online. In that, credit and debit cards are charged at the time of order, at which time you will be charged only for the goods you ordered along with any appropriate taxes. However, for larger orders placed in advance, such as catering or large group orders, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed.
Validating Your Order
After you place an order using our website, we will check the information you give us for validity, by verifying your method of payment and/or shipping address, and/or billing address. We reserve the right to reject any order you place without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address and/or phone number you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the unlikely event a charge has been made against your card.
Order Cancelation: You may cancel your order up until the order cutoff time. Once an order is placed and the cutoff time has passed, we custom make your sandwich and cannot resell to others.
Refund Policy: If you are not completely satisfied with our products, you will receive a total refund upon request, if your dissatisfaction is made known to us within 24-hours of delivery.
Text Message (SMS) Services
If you select SMS delivery notification in your profile, the website will send you an SMS text message containing information about your delivery. You acknowledge that delivery of SMS messages and availability of web-based browsing is not guaranteed. You acknowledge that the services may differ depending on the carrier with whom you maintain an account and that carrier’s ability to support the services. The website is not responsible for the act or omission of any carrier, any limitations imposed by such carrier, or such carrier’s ability or inability to support the services. In the event your carrier fails to deliver any communication to the website or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the services, you acknowledge and agree that the website shall not liable for any loss or damage. In addition, you agree to pay all fees charged by your carrier in connection with your use of the services. You acknowledge and agree that these rates depend on the applicable carrier and your personal subscription package with that carrier. You may discontinue your participation in and access to the services at any time by changing the settings in you account profile.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF SUPERSANDWICH.COM IS AT YOUR OWN RISK. THE ORDERING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK, AND THE WEBSITE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY THIRD PARTIES THROUGH THE WEBSITE i.e. BANKS, CREDITCARD CLEARING COMPANIES, AUTHORIZATION SERVICES AND WEB HOSTING PROVIDERS.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF THE WEBSITE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS IS LIMITED TO ONE HUNDRED DOLLARS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless the website, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the services, (b) your use of or access to the services, (c) your violation of this agreement, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.
The services contain copyrighted and/or proprietary subject matter that is owned by SuperSandwich.com and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin (“Marks”) that appear on or in connection with the services are the property of SuperSandwich.com and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.
Any legal action, suit, or proceeding arising out of or relating to this agreement, or your use of the services, shall be instituted exclusively in the federal or state courts located in the city and state of SuperSandwich.com choice. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or this agreement must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the enforceable provisions of this agreement shall remain in full force and effect.