SubSource™ Terms of Service

General

Thank you for using the SubSource™ service (“SubSource”), which is maintained and operated by SubSource, LLC (“we” or “our” or “us”).

These Terms of Service (the “Terms”) shall govern your access to and use of SubSource™ and this website [www.subsource.com](“Site”). Please carefully read these Terms before using SubSource™. BY YOUR USE OF SUBSOURCE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, ACCESS, OR BROWSE THIS SITE. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent by your use of SubSource™ that you have the legal authority to bind such entity to these terms, and all references to "you" shall apply to such entity. If you do not have such authority, or if you do not wish to be bound by these Terms, then do not use SubSource™. We reserve the right to change these Terms at any time in our sole discretion. Any modified Terms will be effective immediately upon posting and by continuing to use the Site, you agree to the new Terms. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms, your only remedy is to discontinue using the Site.

If you have subscribed for SubSource™, you are granted a limited, personal, non-transferable, and non-exclusive right and license to use the services provided on SubSource™ during the term of your subscription. Your use shall be strictly in accordance with these Terms.You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access SubSource™ or its features. You agree to pay any required amounts for your subscription in order to receive the services provided by SubSource™. You agree to pay any and all attorney and collection fees arising from efforts to collect any past due amounts from you.

This Site is not targeted towards children under the age of thirteen (13). We do understand that children may try to contact us and in so doing may voluntarily provide Personally Identifiable Information on this website. If you are a child under the age of thirteen (13) PLEASE, DO NOT submit any Personal Information about yourself on this website. This website is not intended to be used by anyone under the age of thirteen (13).

Children’s privacy is very important to us. Our servers are located in the United States and we make all attempts to assure that our server hosting provider(s) adheres to the United States Children's Online Privacy Protection Act (“COPPA”). The Federal Trade Commission (“FTC”) has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting Personal Information from children under thirteen (13) years of age. COPPA explains what a website operator must include in their Privacy Statement, what responsibilities a website operator has to protect children's privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age, it also requires that we inform parents and/or legal guardians how we collect, use, and disclose Personal Information from children under thirteen (13) years of age, as well as, how to obtain verifiable consent from a parent in order for children to use certain features of on a website. We will not knowingly allow anyone under thirteen (13) years of age to provide us with any Personally Identifiable Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided us with Personally Identifiable Information without the consent of a parent, we ask the parent of that child to contact our Privacy Officer immediately at: privacy@subsource.com. We will use all reasonable efforts to promptly delete the child's information from our servers. Please note, that when we use the term "parent", we mean to include legal guardians.

Your Content

SubSource™ permits you to submit files and other information (“Content”). You retain full ownership of any intellectual property rights that you may own in your Content. SubSource™ does not claim any intellectual property rights in any such Content, and nothing in these Terms is intended to grant us any rights to your Content or intellectual property therein except for the limited rights that are needed by us to operate SubSource™, as explained below.

By uploading or otherwise submitting Content to SubSource™, you give us permission to take actions we need to take to make SubSource™ available and functional, such as hosting your Content, sharing it at your direction or with the SUBWAY® Group, and forwarding to others your comments and progress updates on actions. These actions include product features visible to you, for example, image thumbnails or document previews. These actions also include design choices we make to technically administer SubSource™; for example, how we redundantly backup data to keep it safe.

SubSource™ is certified by the U.S. Department of Homeland Security (“DHS”) and Social Security Administration for web-integrated e-verification or employment eligibility. If we are providing these services to you pursuant to a subscription, during the web-integrated e-verification process, Personally Identifiable Information will be transmitted securely to DHS servers. SubSource™ takes no responsibility for the security of DHS servers or any data loss or misuse that may occur by DHS or their affiliates or contract service providers.

If we are providing these services to you pursuant to a subscription, we connect to and exchange data through the SUBWAY® Group and its affiliates or service providers. SubSource™ takes no responsibility for the security of the SUBWAY® Group’s servers or any data loss or misuse that may occur by the SUBWAY® Group or its affiliates or contract service providers. A copy of the SUBWAY® Group’s privacy policies can be found at www.subway.com

If we are providing these services to you pursuant to a subscription, we also may connect to and exchange data through background check service providers, such as www.hireright.com/subsource SUBWAY® Group and its affiliates or service providers. SubSource™ takes no responsibility for the security of the SUBWAY® Group’s servers or any data loss or misuse that may occur by the SUBWAY® Group or its affiliates or contract service providers or the accuracy of the information provided.

If we are providing these services to you pursuant to a subscription, we also may connect to and exchange data through DocuSign, Inc., its affiliates or service providers. SubSource™ takes no responsibility for the security of the DocuSign, Inc. servers or any data loss or misuse that may occur by DocuSign, Inc., its affiliates or contract service providers. A copy of DocuSign, Inc.’s privacy policy is located at https://www.docusign.com/company/privacy-policy.

If we are providing these services to you pursuant to a subscription, we may connect to, exchange, and view security or other closed circuit camera footage. By sharing this footage with us, you reperesent and warrant that we have the right to view and, if required by law, disclose this footage. We do not warrant or represent that your use of cameras or surveillance equipment complies with local privacy and other laws and regulations. We will not be held liable for any breach of privacy or other laws arising out of your use or our viewing of such footage. You represent and warrant to us that you are not using any concealed cameras in any areas where there is a reasonable expectation of privacy or in a way that may otherwise violate the law.

If we are providing these services to you pursuant to a subscription, we may connect to and view bank account data in connection with reconciliations. SubSource takes no responsibility for the security of your servers or that of your bank.

How we treat your personal data and protect your privacy generally is explained in our Privacy Policy.

Sharing Files

You are solely responsible for your conduct, your Content and your communications with others while using SubSource™. It is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review public content for compliance with our community guidelines, but by using SubSource™ you acknowledge that we have no obligation to monitor any information on SubSource™. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user comments, or any other Content you may be able to access using SubSource™.

SubSource™ provides features that may allow you to make your Content public. While you own your Content, Content you make public through SubSource™ is automatically available to other SubSource™ users and the public at large. Please consider carefully what Content you choose to share or make public. There are many things that users may do with that Content (for example, copy it, modify it, re-share it). By making your Content public through SubSource™, you thereby grant to us, all other SubSource™ users and the public at large a non-exclusive, non-commercial, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit your Content made public on SubSource™. If you do not want others to have this use, do not make your Content public through SubSource™. You agree that we have no responsibility or obligation to supervise or monitor the use by others of your public Content, or to assist you in enforcing the terms of this license.

SubSource™ provides features that may allow you to share your Content with others. While you own your Content, Content will be available to those to whom you grant access. By sharing Content, you agree that we have no responsibility or obligation to supervise or monitor the use by others of your shared Content, or to assist you in enforcing the terms of any permissions, rights or licenses you may grant to those with whom you choose to share Content.

Your Use of SubSource™

Content in SubSource™ may be protected by intellectual property rights of others. Please do not copy, upload, download or share any Content on SubSource™ unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using SubSource™, and we will have no responsibility of any type for such use. You must not upload spyware or any other malicious software to SubSource™.

You are responsible for maintaining and protecting all of your Content. We will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content. Without limiting the foregoing, you are responsible for all expenses that you may incur in backing up, restoring or retrieving any Content that is lost or corrupted as result of your use of SubSource™.

If your contact information or other information related to your account changes, you must notify us promptly and keep your information current. You are responsible for safeguarding the password that you use to access SubSource™ and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

You agree that you will not misuse SubSource™. For example, do not interfere with SubSource™ or try to access SubSource™ using a method other than the interface and instructions we provide. You also agree to abide by our Acceptable Use Policy.

Software and Updates

Our iOS and Android application smay require you to download a software package (“the Software”) in order to use SubSource™. We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access SubSource™. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.

Intellectual Property Matters

Doctor’s Associates Inc. (“DAI”), owns the trade name and service mark SUBWAY®, the recipes, formulas, food preparation procedures, business methods, business forms, and business policies. Your use of this Site does not grant you any rights to such intellectual property of DAI.

Use of SubSource™ does not give you ownership of any intellectual property rights in SubSource™, the SUBWAY® Group’s or DAI’s intellectual property, or any Content that is not your own. The Software and other technology we use to provide SubSource™ are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

IP Addresses

We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol (“IP”) address. An URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. Your use of the Service indicates your consent to this collection of information.

Privacy

To find out more about our Privacy Policy and practices, please see our online Privacy Policy located at: www.subsource.com/privacy. Except where otherwise indicated or required by law, by accessing, browing, or using this Site, you agree to our Privacy Policy and the use of Personally Idenfiable Information and any submissions in accordance with the Privacy Policy.

Modification and Termination of Your Use of SubSource™

You can stop using SubSource™ at any time. We reserve the right to suspend or end SubSource™ at any time, with or without cause, and with or without notice. We reserve the right to suspend or end your use of SubSource™ at any time, with or without cause, and with or without notice. If we suspend or terminate your use of SubSource™, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, a change in law or danger to other users) where we may suspend immediately and without notice. We may revise these Terms from time to time and the most current version will always be posted on our website and on your SubSource™ login screen. You should look at the Terms regularly. By continuing to access or use SubSource™ you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using SubSource™.

Other Content

SubSource™ may contain links to third-party websites or resources. SubSource™ does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.

Disclaimer of Warranty

SUBSOURCE AND THE SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. EXCEPT AS SPECIFIED IN THESE TERMS, WE MAKE, AND YOU RECEIVE, NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO SUBSOURCE OR THE SOFTWARE. ANY STATEMENTS OR REPRESENTATIONS ABOUT SUBSOURCE OR THE SOFTWARE AND THEIR FUNCTIONALITY IN ANY COMMUNICATION WITH YOU CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, WE SPECIFICALLY DISCLAIM ANY OTHER WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE USE OF SUBSOURCE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO SUBSOURCE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE PAST TWELVE MONTHS OF SUBSOURCE. SOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.

Website Availability

The Site will be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of the Site due to causes beyond our control or which are not reasonably foreseeable by us, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.

Copyright Matters and DMCA Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf , we will respond expeditiously to claims of copyright infringement committed using SubSource™ if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through SubSource™ by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from SubSource™.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown in SubSource™ or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  5. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  6. Provide your full legal name and your electronic or physical signature.
  7. Deliver this Notice, with all items completed, to our Designated Copyright Agent:

    Copyright Agent
    SubSource, LLC
    2551 Woodland Drive
    Anahiem, CA 92801

    Security Overview

    We provide this overview so that you can better understand the security measures we’ve put in place to protect the Content that you store using SubSource™.

    Secure Storage. We encrypt the Content that you store on SubSource™ using the AES-256 standard, which is the same encryption standard used by banks to secure customer data. Encryption for storage is applied after Content is uploaded, and we manage the encryption keys.We host SubSource™ on redundant servers in data centers behind firewall in multiple locations, all of which are professionally managed with 24/7 security staff to keep the data centers physically secure.

    Secure Transfers. Your files are sent between the client or browser from which you access SubSource™ and our servers over a secure channel using AES 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.

    Your Data is Backed Up. We keep redundant backups of all SubSource™ Content at multiple locations to minimize the possibility of data loss.

    Privacy. A copy of our full privacy policy can be found at: https://www.subsource.com/privacy. We guard your privacy to the best of our ability and work hard to protect your Content and other information from unauthorized access.

    Our employees cannot view or access the Content you store in your SubSource™ account, and are only permitted to view file metadata (e.g., file names and locations). Like most online services, we have a small number of employees who must be able to access user data for the reasons stated in our privacy policy (e.g., when legally required to do so). But that’s the rare exception, not the rule. We have strict policy and technical access controls that prohibit employee access except in these rare circumstances. In addition, we employ a number of physical and electronic security measures to protect user information from unauthorized access.

    Compliance with Laws and Law Enforcement. As set forth in our privacy policy, and in compliance with United States law, we cooperate with United States law enforcement when it receives valid legal process, which may require us to provide the contents of your private SubSource™ account. In these cases, we will remove encryption from the files before providing them to law enforcement.

    Where do I report security concerns? We take a number of measures to ensure that the data you store on SubSource™ is safe and secure. While we're very confident in our technology, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to innovate to make sure that our security measures are state of the art, and we will investigate any and all reported security issues concerning SubSource™. Please report any security issues to security@subsource.com.

    SubSource™ Acceptable Use Policy

    You agree not to misuse the SubSource™ services. For example, you must not, and must not attempt to, use SubSource™ to do the following things.

    You agree that any unauthorized use of the Content or this Site could cause irreparable harm to us or the SUBWAY® Group or DAI and that in the event of an unauthorized use, we shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

    Other Legal Matters

    THESE TERMS AND THE USE OF SUBSOURCE AND THE SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES.

    In the event any dispute arises relating in any way between you and SubSource™ or from your use of this Site or SubSource™, you must submit the dispute to binding arbitration to be conducted by the Judicial Arbitration and Mediation Service ("JAMS") in accordance with its commercial arbitration rules and procedures, in Orange County, California or such other location as the parties may agree, and the other party to such dispute shall be obligated to participate therein. Each party shall pay its own costs and expenses (including the fees and disbursements of its attorneys, accountants, experts or other advisors) incurred in connection with any such arbitration, except that the fees and expenses of the arbitrator shall be shared equally by the parties. EACH PARTY HEREBY EXPRESSLY AND INTENTIONALLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A JURY TRIAL IN ANY SUIT, ACTION OR OTHER PROCEEDING.

    These Terms control the relationship between us and you. They do not create any third party beneficiary rights.

    You shall indemnify and hold us harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney’s fees and disbursements) which we may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of your use of the Site, including the Content or any information contained therein. To qualify for such defense and payment, we must: (1) provide you with prompt written notice of a potential third party claim; and (2) allow you to control, and fully cooperate with you in, the defense and all related negotiations.

    If you do not comply with these Terms, and we do not take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

    If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other provision of these Terms.

    You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with us.