Thank you for visiting our terms of use agreement (the “Terms of Use”). These Terms of Use govern your use of this website and any branded websites that link to these terms (each, a “Website”), the services and resources enabled therein (each a “Service” and collectively, the “Services”), and each branded application that includes links to these Terms of Use (the “Application” and, together with the Website and Services, the “Properties”), which are provided to you by Sullivans E&C LLC, a U.S. corporation (“Sullivan’s Eatery and Creamery,” “we,” or “us”). These Terms of Use constitute a legal agreement between you and Sullivan’s Eatery and Creamery.

Please read these terms of use carefully. By accessing or using any of the properties, clicking on an “I accept,” “click here to accept” or similar button, completing the registration process, and/or browsing the website or downloading the application, you represent that (1) you have read, understand, and agree to be bound by these terms of use and all materials referenced herein, including, without limitation, Sullivan’s eatery and creamery privacy policy and third-party terms and policies, (2) you are of legal age to form a binding contract with Sullivan’s eatery and creamery, and (3) you have the authority to enter into the terms of use personally or on behalf of the company you have named as the user, and to bind that company to the terms of use. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the services. If you do not agree to be bound by the terms of use, you may not access or use this website, application or services.

The terms of use include a class action waiver and waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes.

The terms of use limit the remedies that may be available to you in the event of a dispute.

Please note that the terms of use are subject to change by Sullivan’s eatery and creamery, in its sole discretion, at any time. When changes are made, Sullivan’s Eatery and Creamery will make a new copy of the Terms of Use available at the Website and within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Terms of Use will be effective immediately for new users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing users. If you do not agree to any change(s) to the Terms of Use, you shall stop using the Properties. Otherwise, your continued use of any of the Properties constitutes your acceptance of such change(s). Please regularly check the website to view the then-current terms of use.

  1. Use of the Services

    1. License. The Properties are protected by copyright laws throughout the world. Subject to your compliance with these Terms of Use, Sullivan’s Eatery and Creamery grants you a limited, non-exclusive, non-transferable, revocable license to (i) download, install and use a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application, (ii) access the Website and (iii) use the Services, all solely for your own personal purposes.
    2. Updates. You understand that the Properties are evolving. As a result, Sullivan’s Eatery and Creamery may require you to accept updates to the Properties that you have installed on your computer or mobile device. You acknowledge and agree that Sullivan’s Eatery and Creamery reserves the right, in its sole discretion, to modify the Properties from time to time, with or without notice. You may need to update third-party software from time to time in order to use the Properties.
    3. Sullivan’s Eatery and Creamery Products. The Properties enable Sullivan’s Eatery and Creamery to offer various food, beverage and other related products (“Products”) to you and other users. The Products advertised or otherwise made available for purchase on the Properties are determined solely by Sullivan’s Eatery and Creamery, and Sullivan’s Eatery and Creamery shall have no liability to you for any modification, unavailability or discontinuation of any Products.
    4. Delivery Services. Any delivery service you use, as provided at the option of Sullivan’s Eatery and Creamery, is at your sole discretion and Sullivan’s Eatery and Creamery shall have no liability to you for any delivery-related issues.
    5. Limitations on Your Use of Properties. The rights granted to you in these Terms of Use are subject to the following restrictions. You may not: (i) attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Properties; (ii) copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Properties, or any Products accessible through the Services; (iii) use any manual or automated software, devices or other processes, including, without limitation, spiders, robots, scrapers, data mining tools, and the like, to “scape” or download data from any web pages contained in the Website; (iv) access the Properties to build a competing or similar website, application or service; (v) collect information about other visitors to or users of the Properties without their consent or otherwise systematically extract data or data fields, including, without limitation, any financial data or email addresses; (vi) manipulate or otherwise display the Website by using framing, creating deep-links to the Website by bypassing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main home page; (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Sullivan’s Eatery and Creamery in connection with the Properties; (viii) access or use the Properties outside of the United States; or (ix) access the Properties in any way that, in Sullivan’s Eatery and Creamery sole judgment, adversely affects the performance or function of a Property or interferes with the ability of authorized parties to access the Properties, including, but not limited to, any denial of service attack or action that imposes, or may impose, in Sullivan’s Eatery and Creamery sole discretion, an unreasonable or disproportionately large load on our infrastructure. Except as expressly stated herein, no part of the Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to the Properties shall be subject to these Terms of Use. Sullivan’s Eatery and Creamery, and its suppliers and services providers, reserves all rights not granted in these Terms of Use. Any unauthorized use of the Properties terminates the licenses granted by Sullivan’s Eatery and Creamery hereunder.
    6. Privacy of Your Information. Please review our Privacy Policy, which also governs your use of the Properties. The Sullivan’s Eatery and Creamery Privacy Policy governs the use of information collected from or provided by you through the Properties. With respect to any individual whose personal information is provided by you to Sullivan’s Eatery and Creamery, you represent to Sullivan’s Eatery and Creamery that you have obtained all necessary consents for the processing of such personal information contemplated by the services you are using, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual. Sullivan’s Eatery and Creamery believes in protecting your privacy. Please refer to our current Privacy Policy, which also governs your use of the Properties and all other websites, pages, accounts and other electronic media owned or controlled by Sullivan’s Eatery and Creamery, to understand our practices.
    7. Third Parties. The Properties may contain links to websites, pages, accounts or other electronic media (including tools and functions) owned or controlled by parties other than Sullivan’s Eatery and Creamery (including co-branded websites). Such links are provided for your reference and convenience only. We do not control such websites or media and are not responsible for their contents, functions or the privacy or other practices of such websites. You agree that you interact with third parties at your sole risk and that your relationship with those parties will be governed by their terms and policies. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Properties or other websites, applications or sources) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites or media does not imply any endorsement of the material or functionality on or of such websites or media or any association with their operators.
    8. Promotions and Rewards Programs. Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) or reward program or club (e.g., Sullivan’s Rewards) (collectively, “Rewards Programs”) made available through the Properties or any social media site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions or Rewards Programs, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion or Rewards Program conflict with these Terms of Use, the Promotion or Rewards Program rules will govern. Promotions and Rewards Programs are subject to change. Sullivan’s Eatery and Creamery reserves the right to terminate a Promotion or Rewards Program at any time.
  2. Eligibility and Registration

    1. Registering Your Account. In order to access certain features of the Properties you may be required to become a Registered User. For purposes of the Terms of Use, a “Registered User” is a user who has registered an account on the Website or Application (“Account”), or has a valid account with a third-party service or social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
    2. Access Through a SNS. If you access the Services through a SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Sullivan’s Eatery and Creamery to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Sullivan’s and/or grant Sullivan’s access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Sullivan’s to pay any fees or making Sullivan’s subject to any usage limitations imposed by such third-party service providers. By granting Sullivan’s access to any Third-Party Accounts, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Properties via your Account. Unless otherwise specified in these Terms of Use, all SNS Content is, as between you and Sullivan’s, your content. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Sullivan’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Properties.
      Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and Sullivan”s disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. Sullivan’s makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Sullivan’s is not responsible for any SNS Content.
    3. Registration Data. In registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Properties by minors. You may not share your Account or password with anyone, and you agree to notify Sullivan’s immediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sullivan’s has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sullivan’s has the right to suspend or terminate your Account and refuse any and all current or future use of the Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Properties if you have been previously removed by Sullivan’s Eatery and Creamery, or if you have been previously banned from any of the Properties.
  3. Termination

    If you materially breach any of the terms of these Terms of Use, Sullivan’s may suspend your ability to use the Properties or may terminate the Terms of Use effective immediately, with or without notice to you. If you want to terminate the Terms of Use, you may do so by (a) notifying us at any time, (b) closing your Account for all Properties that you use, and (c) ceasing all use of the Properties. Your notice should be sent, in writing, to out address set forth below. Upon termination of these Terms of Use, your right to use the Properties will automatically terminate immediately. Sullivan’s Eatery and Creamery will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms of Use, which by their nature should survive, shall survive termination of the Terms of Use, including without limitation, ownership provisions, warranty disclaimers and limitation of liability.

  4. Payment and Billing

    You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from Sullivan’s or any third party acting on its behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You must provide us with a valid credit card accepted by us, charge card, Sullivan’s-specific gift card (“Payment Provider”). You acknowledge and agree that for each order you place through the Service, the full cost of Products you order will be assessed against your Payment Provider. You acknowledge and agree that a command originating from your Account constitutes an authorization for the Service to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account. The Service will provide you with reasonable notice of any material modification in the fees charged for the Products, which notice may be provided by posting the new fee schedule on the Website. You agree to immediately notify Sullivan’s of any change in your billing address or the credit card used for payment hereunder.

  5. Refund Policy

    You acknowledge that Sullivan’s is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges, including any associated delivery-related charges. Addressing customer requests for refunds on purchases of Products will be placed in accordance with our internal refund policies. Contact us directly with the phone number provided as soon as possible to request a full or partial refund.

  6. Disclaimer of Warranties

    You expressly agree that use of the properties is at your own risk. The properties are provided on an “as is” and “as available” basis. Sullivan’s expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. Sullivan’s makes no warranty that the properties or products will meet your requirements, or that the properties or products will be uninterrupted, timely, secure, or error free. You understand and agree that any products you obtain through use of the services is done at your own risk, and Sullivan’s makes no warranty regarding any dealings with or transactions entered into with any other parties through the services. No advice or information, whether oral or written, obtained by you from sullivan’s or through the properties shall create any warranty not expressly made herein.

  7. Limitation of Liability

    You understand that to the extent permitted under applicable law, in no event will sullivan’s and any third-party service provider, and their successors, parents, subsidiaries, affiliates and related companies, and their respective, shareholders, directors, officers, employees, consultants, agents, licensors, and other representatives, 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 the properties 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 these terms of use and that the parties would not enter into this agreement without these limitations of liability. Under no circumstances will the aggregate liability of sullivan’s to you for all claims arising from or related to your use of the properties or products exceed one hundred dollars ($100). 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 Sullivan’s 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 its liability shall be the minimum permitted under such applicable law.

  8. Indemnification

    You agree to indemnify, defend and hold harmless Sullivan’s and any third-party service provider, and their successors, parents, subsidiaries, affiliates and related companies, and their respective, shareholders, directors, officers, employees, consultants, agents, licensors, and other representatives, 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 Properties using your password) submit or transmit through the Properties, (b) your use of or access to the Properties, (c) your violation of this Terms of Use, (d) your violation of any rights of any third party, or (e) any viruses, Trojan horses, worms, time bombs, ransomware, spyware, or other malware or harmful or deleterious programming routines input by you into the Properties.

  9. Intellectual Property Ownership

    The content and information on the Properties (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to Sullivan’s Eatery and Creamery. You agree that Sullivan’s Eatery and Creamery and its suppliers own all rights, title and interest in the Properties, including without limitation all Content, trademarks, brand names, and logos therein. 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 Sullivan’s Eatery and Creamery prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Properties or Products are the property of Sullivan’s Eatery and Creamery and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.

  10. App Stores

    You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iTunes or Google Play app stores (“App Store”). You acknowledge that the Terms of Use are between you and Sullivan’s Eatery and Creamery and not with the App Store. Sullivan’s Eatery and Creamery, not the App Store, is solely responsible for the Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

  11. Choice of Law

    These Terms of Use are governed by U.S. federal law and/or laws of the state of Arizona, consistent with the Federal Arbitration Act, without resort to conflict of law provisions.

  12. Notice

    Where Sullivan’s Eatery and Creamery requires that you provide an e-mail address, you are responsible for providing Sullivan’s Eatery and Creamery with your most current e-mail address. In the event that the last e-mail address you provided to Sullivan’s Eatery and Creamery is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms of Use, Sullivan’s Eatery and Creamery dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

    You may give notice to Sullivan’s Eatery and Creamery only at the following address:

    Sullivan’s Eatery and Creamery
    6444 North Oracle Road
    Tucson, AZ 85704
    Attn: Customer Service

    Such notice shall be deemed given when received by Sullivan’s Eatery and Creamery by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

  13. Waiver

    Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

  14. Severability

    If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

  15. Export Control.

    You may not use, export, import, or transfer the Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Properties, and any other applicable laws. In particular, but without limitation, Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Sullivan’s Eatery and Creamery are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Sullivan’s Eatery and Creamery products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

  16. Electronic Communications

    When you visit the Properties or send or accept electronic messages through the Properties, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Website or other Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms of Use. You have a right to withdraw your consent to receive electronic communications at any time and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Properties. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications unless charging a fee is prohibited by applicable law.

    You also confirm that your web browser meets the following requirements:

    • Current version of Firefox
    • Current version of Google Chrome
    • Internet Explorer 9 (minus one version, i.e., it is compatible only with the previous version, but not necessarily before that) or later

    If our requirements change, we will post to the Website the updated requirements. Continuing to use the Website after posting of the changes to the Website is reaffirmation of your consent.

  17. Reviews, Comments and Use of Other Interactive Areas

    Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to any of the Properties by electronic mail, postings on the Website, or other social network platforms operated by Sullivan’s Eatery and Creamery, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission, that you are at least 18 years old, and you grant Sullivan’s Eatery and Creamery a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Sullivan’s Eatery and Creamery may choose to provide attribution of your comments or reviews at our discretion. You further grant Sullivan’s Eatery and Creamery the right to pursue at law any person or entity that violates your or Sullivan’s Eatery and Creamery rights in the Submissions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

    The Properties and/or Sullivan’s Eatery and Creamery social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items (“Interactive Areas”). If Sullivan’s Eatery and Creamery provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Properties or Interactive Areas any of the following:

    • Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    • Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
    • Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including Sullivan’s Eatery and Creamery;
    • Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
    • Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers, other identifying number, and credit card numbers;
    • Viruses, corrupted data or other harmful, disruptive or destructive files;
    • Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or
    • Submissions or links to Content that, in the sole judgment of Sullivan’s Eatery and Creamery, (i) violate the previous subsections herein, (ii) are objectionable, (iii) restrict or inhibit any other person from using or enjoying the Interactive Areas or the Properties, or (iv) expose or could expose Sullivan’s Eatery and Creamery or its users to any harm or liability of any type.

    Sullivan’s Eatery and Creamery takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Sullivan’s Eatery and Creamery liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Sullivan’s Eatery and Creamery is not liable for any statements, representations or Submissions provided by its users in any public forum, personal home page or other Interactive Area. Although Sullivan’s Eatery and Creamery has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, Sullivan’s Eatery and Creamery reserves the right, and has absolute discretion to, or not to, remove, screen or edit without notice any Content posted or stored on the Properties at any time and for any reason.

    If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (1) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (2) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by Sullivan’s Eatery and Creamery or its licensees, successors and assigns; (3) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (4) you forever release Sullivan’s Eatery and Creamery and its licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights.

    Any violation of the foregoing violates the Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Properties.

  18. Digital Millennium Copyright Act Notice

    Sullivan’s Eatery and Creamery respects the intellectual property rights of others. Sullivan’s Eatery and Creamery may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.

    If you believe your work has been copied and is accessible at the Website or Application, or other social network platforms operated by Sullivan’s Eatery and Creamery, in a way that constitutes copyright infringement, or that the Properties contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

  19. Release.

    You hereby release Sullivan’s Eatery and Creamery and any third-party service provider, and their successors, parents, subsidiaries, affiliates and related companies, and their respective, shareholders, directors, officers, employees, consultants, agents, licensors, and other representatives, from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Properties, including, but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Use or your use of the Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.”

  20. Assignment.

    The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Sullivan’s Eatery and Creamery’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

  21. Force Majeure.

    Sullivan’s Eatery and Creamery shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

  22. Questions, Complaints, Claims, Web Hosting Service.

    If you have any questions, complaints or claims with respect to a restaurant or restaurant services, please contact us through the contact us form.

  23. General Terms.

    You agree to use the Properties in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of Sullivan’s Eatery and Creamery, negatively reflect on the goodwill or reputation of Sullivan’s Eatery and Creamery, and to take no actions that would cause Sullivan’s Eatery and Creamery to be in violation of any laws, rules, rulings or regulations applicable to Sullivan’s Eatery and Creamery. Sullivan’s Eatery and Creamery and the Properties are based in the United States and all monetary amounts listed herein or in any of the Properties shall refer to U.S. dollars unless expressly stated otherwise. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona without reference to the principles of conflicts of law of that state or any other jurisdiction. Use of the Properties is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including, without limitation, this paragraph. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.