Sorbailee Terms of Use

Last Updated: July 25, 2026

Company: Sorbailee, LLC (“Sorbailee,” “we,” “us,” or “our”)

These Terms of Use (“Terms”) are a legal agreement between you and Sorbailee®. They govern your access to and use of our websites, web pages, portals, content, events, products, and related services, collectively referred to as the “Site” and “Services.”

By accessing or using the Site or Services, you agree to these Terms.

In the event of a conflict between these Terms of Use and any service-specific agreement, the service-specific agreement governs only with respect to the scope, products, quantities, fees, schedules, delivery requirements, eligibility requirements, and operational requirements of that specific Service.

All arbitration provisions, class action waivers, limitations of liability, damages exclusions, indemnification obligations, governing law provisions, venue provisions, chargeback provisions, intellectual property protections, confidentiality obligations, enforcement rights, and dispute resolution procedures are governed by these Terms of Use unless these Terms expressly state otherwise.

If you do not agree to these Terms, do not use the Site or Services.

1. What These Terms Cover

These Terms apply to:

  • visitors to the Site;
  • anyone who registers, purchases, attends, participates, submits information, creates an Account, or otherwise engages with Sorbailee;
  • anyone who attends or registers for a Sorbailee Table;
  • anyone who registers for or participates in a Sorbailee Preview Experience;
  • current or prospective Serve Partners;
  • any individual acting on behalf of a restaurant, hotel, café, coffee shop, catering company, venue, hospitality group, retailer, organization, or other business entity.

Sorbailee primarily operates as a business-to-business (B2B) supplier of frozen dessert products to hospitality businesses and other commercial organizations. Except where Sorbailee expressly states otherwise, Products are sold to business customers rather than directly to individual consumers.

These Terms cover all Sorbailee websites, portals, content, products, events, and service offerings, including but not limited to:

  • the Sorbailee Table;
  • educational resources and informational content;
  • consultations and discovery conversations;
  • the Sorbailee Preview Experience;
  • Sorbailee Serve Partnerships;
  • partner onboarding and launch support;
  • product ordering and fulfillment;
  • menu planning and staff training support;
  • guest preview tastings;
  • partner portals and account-management tools;
  • Sorbailee brand assets and marketing resources;
  • social media and promotional support;
  • gelato, sorbet, tasting products, samples, and related food products offered by Sorbailee.

Certain Services may be subject to additional terms, including Preview Experience Terms, Partnership Terms, payment terms, registration terms, order terms, or other service-specific agreements.

If additional terms conflict with these Terms, the additional terms control solely with respect to the applicable Service and only as described above.

Privacy Policy. Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site or Services, you agree to the Privacy Policy available at: https://sorbailee.com/terms-policies/privacy.

2. Definitions

  • “Account” means a user profile, registration, portal access, ordering account, or login credentials issued by Sorbailee.
  • “Content” means all materials made available through the Site or Services, including text, photographs, videos, graphics, menus, recipes, formulations, ingredient information, and production information (to the extent disclosed), flavor descriptions, product information, presentations, training materials, guides, worksheets, marketing assets, branding materials, and other written or visual content.
  • “Hospitality Resources” means Sorbailee’s partner materials, menu guidance, ordering procedures, merchandising guidance, product information, marketing resources, staff training materials, promotional assets, ordering resources, launch materials, and other resources provided to prospective or current Serve Partners.
  • “Products” means Sorbailee’s gelato, sorbet, frozen desserts, tasting products, samples, and any related food or beverage products offered by Sorbailee.
  • “Services” means the experiences, events, consultations, Serve Partnerships, ordering systems, partner resources, Preview Experiences, Sorbailee Tables, training, and other offerings made available by Sorbailee.
  • “Partner” means any restaurant, café, coffee shop, hotel, catering company, venue, hospitality business, retailer, distributor, or other organization that participates in a business relationship with Sorbailee.
  • “Derivative Works” means any adaptation, modification, translation, reproduction, rebranding, imitation, or substantially similar product, flavor, formulation, program, marketing campaign, training resource, or other work created using Sorbailee Content, Hospitality Resources, proprietary recipes or formulations (to the extent disclosed), business methods, or other protected intellectual property.
  • “Confidential Information” means non-public information provided by Sorbailee, including pricing, wholesale pricing, operational procedures, trade secrets, proprietary know-how, manufacturing processes, production methods, formulations, recipes to the extent disclosed, supplier information, launch strategies, hospitality resources, marketing plans, ordering processes, and any information designated as confidential or that a reasonable person would understand to be confidential.
  • “You” or “User” means any individual or entity accessing or using the Site or Services.

3. Mutual Benefit and Good Faith

Sorbailee is committed to creating exceptional products, meaningful hospitality partnerships, and memorable guest experiences. In return, we expect Users and Partners to engage honestly, communicate respectfully, and use our Site, Services, Products, and resources responsibly.

Both parties agree to act in good faith:

  • You agree to provide accurate information, respect Sorbailee’s intellectual property, use our Products and Services as intended, and not misrepresent Sorbailee, our Products, or our partnership opportunities.
  • Sorbailee agrees to provide the Products and Services described for the applicable offering, subject to availability, production schedules, delivery schedules, capacity, and the scope of the applicable Service.

Nothing in this Section guarantees that Sorbailee will accept a prospective Partner, continue a partnership indefinitely, maintain product availability, or approve every request for Products or Services.

4. Eligibility

You must be at least 13 years old to use the public Site. Certain Services, Products, events, or partnership opportunities may require you to be 18 years of age or older, or to meet additional eligibility requirements established by Sorbailee.

If you are under the age of majority where you live, you may use the Site only with the permission of a parent or legal guardian.

If you access the Site or Services on behalf of a business, restaurant, hotel, café, retailer, hospitality organization, or other entity, you represent and warrant that you have the authority to bind that organization to these Terms.

Sorbailee reserves the right to refuse, restrict, suspend, or terminate access to certain Services, Products, events, or partnership opportunities if eligibility requirements are not satisfied or if participation would create operational, legal, safety, or business concerns.

5. Accounts, Access, and Security

If you create an Account:

  • You must provide accurate, complete, and current information and keep it updated.
  • You are responsible for maintaining the confidentiality and security of your login credentials.
  • You may not share your Account or allow unauthorized access to your Account.
  • You are responsible for all activity occurring under your Account, whether or not you personally authorized that activity.
  • You must notify Sorbailee promptly if you believe your Account has been compromised or accessed without authorization.

Sorbailee may refuse, restrict, suspend, or terminate Accounts that violate these Terms or that create legal, operational, security, food safety, or business risks.

5.1 Electronic Communications and Consent. You agree that Sorbailee may communicate with you electronically, including by email, text message, portal message, website notice, or other electronic means regarding:

  • your Account;
  • Products;
  • orders;
  • deliveries;
  • events;
  • partnership opportunities;
  • Services; and
  • legal notices.

You agree that electronic signatures, electronic acknowledgments, checkboxes, electronic order confirmations, and other electronic acceptances are legally binding and have the same force and effect as handwritten signatures.

5.2 Recordings, Photography, and Promotional Media. Sorbailee may photograph, audio record, or video record certain events, including Sorbailee Tables, Preview Experiences, trainings, demonstrations, partner events, or other activities for quality assurance, operational purposes, education, marketing, documentation, security, or promotional purposes.

By participating in these events, you consent to being photographed or recorded unless otherwise prohibited by law.

Unless Sorbailee expressly provides written permission, you may not photograph, record, livestream, reproduce, distribute, publish, or commercially use Sorbailee events, trainings, demonstrations, presentations, recipes (to the extent disclosed), Hospitality Resources, or other proprietary materials.

This restriction applies regardless of whether Sorbailee creates its own recordings.

6. ACCEPTABLE USE

You agree to use the Site and Services only for lawful purposes and in a manner consistent with these Terms.

You may not:

  • violate any applicable law or regulation;
  • submit false, misleading, or fraudulent information;
  • interfere with or disrupt the operation, security, or availability of the Site or Services;
  • attempt to gain unauthorized access to any Account, portal, system, or data;
  • upload or transmit malicious code, viruses, or harmful software;
  • scrape, harvest, copy, or systematically collect Content or data from the Site;
  • reproduce, distribute, modify, or create Derivative Works from Sorbailee Content except as expressly authorized;
  • misuse Sorbailee’s trademarks, logos, product names, flavor names, or other branding;
  • misrepresent a relationship with Sorbailee;
  • use the Site or Services in any manner that could damage Sorbailee’s reputation or interfere with its business relationships.

Sorbailee reserves the right to investigate suspected violations of these Terms and to suspend, restrict, or terminate access to the Site or Services as appropriate.

7. INTELLECTUAL PROPERTY

Unless otherwise stated, all Content, Products, Hospitality Resources, trademarks, service marks, trade dress, logos, graphics, photographs, videos, proprietary flavor names, product names, recipes and formulations to the extent disclosed, presentations, written materials, website content, trade secrets, proprietary know-how, manufacturing processes, production methods, and other intellectual property are owned by or licensed to Sorbailee and are protected by applicable copyright, trademark, trade secret, unfair-competition, and other intellectual-property laws.

Nothing contained in these Terms grants you ownership of or any license to Sorbailee’s intellectual property except the limited right to use the Site and Services for their intended purposes.

Except as expressly authorized in writing by Sorbailee, you may not:

  • reproduce;
  • distribute;
  • publish;
  • modify;
  • reverse engineer;
  • copy;
  • sell;
  • sublicense;
  • commercially exploit; or
  • create Derivative Works from Sorbailee’s intellectual property.

Nothing in these Terms grants any right to manufacture, reproduce, imitate, reverse engineer, derive, commercialize, disclose, or otherwise exploit any Sorbailee Product, recipe, formulation, flavor profile, trade secret, proprietary know-how, manufacturing process, production method, or other proprietary information.

All rights not expressly granted are reserved by Sorbailee.

Sorbailee’s trademarks, service marks, trade names, logos, slogans, flavor names, product names, designs, trade dress, packaging, visual identity, and other brand identifiers – including, without limitation, Sorbailee®, Black Vanilla™, and any current or future proprietary names, marks, or designations – are the exclusive property of Sorbailee or its licensors. Nothing in these Terms grants any right or license to use such intellectual property without Sorbailee’s prior written permission. Unauthorized use may violate trademark, copyright, unfair competition, and other applicable laws.

8. THIRD-PARTY SERVICES AND LINKS

The Site and Services may contain links to or integrate with third-party websites, platforms, applications, payment processors, mapping services, social media platforms, communication services, or other third-party providers.

Sorbailee does not own or control these third-party services and is not responsible for their availability, content, privacy practices, security, or performance.

Your use of any third-party service is governed by that provider’s own terms, conditions, and privacy policies. We encourage you to review those policies before using any third-party service.

Sorbailee’s inclusion of or link to a third-party service does not constitute an endorsement, recommendation, or guarantee of that service or its provider.

9. Modifications to the Site and Services

Sorbailee continually evaluates and improves its Site, Products, Services, events, educational content, and partnership opportunities.

Accordingly, Sorbailee may, at any time and without prior notice:

  • modify or discontinue portions of the Site or Services;
  • update Products, flavors, formulations, packaging, offerings, or product availability;
  • change pricing, availability, eligibility requirements, or participation requirements;
  • add, remove, or revise Content;
  • modify technology platforms or Account features; or
  • otherwise improve or adapt its business operations.

Sorbailee will make reasonable efforts to honor existing contractual obligations under separate written agreements. Nothing in this Section alters any rights or obligations established in a separately executed agreement or applicable service-specific terms.

10. LIMITED LICENSE TO USE

Sorbailee grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site, Services, Content, and Hospitality Resources solely for their intended purposes and only during the period your access is authorized.

Unless Sorbailee expressly provides prior written permission, you may not:

  • copy, reproduce, republish, distribute, or publicly display Content;
  • sell, license, sublicense, or commercially exploit any Content or Hospitality Resources;
  • upload Content to shared drives, online repositories, artificial intelligence systems, machine learning systems, large language models, automated content generation systems, or content libraries;
  • remove or alter copyright, trademark, or other proprietary notices;
  • use Sorbailee Content or Hospitality Resources to develop or support competing products, services, or businesses; or
  • use the Site or Services for any purpose prohibited by these Terms or applicable law.

This limited license automatically terminates if you violate these Terms or if Sorbailee terminates your authorization to access the Site or Services.

11. NO IMPLIED RIGHTS, RELATIONSHIPS, OR AUTHORITY

Nothing contained in these Terms or your use of the Site or Services creates or implies:

  • a partnership;
  • a joint venture;
  • an agency relationship;
  • an employment relationship;
  • fiduciary duties;
  • ownership or equity rights; or
  • authority to bind or act on behalf of Sorbailee.

Unless Sorbailee has expressly authorized you in writing, you may not represent that:

  • you speak for Sorbailee;
  • Sorbailee endorses you, your business, or your products;
  • you are an authorized representative of Sorbailee; or
  • you have authority to enter into agreements or make commitments on Sorbailee’s behalf.

Nothing in these Terms grants you any ownership interest in Sorbailee’s intellectual property, business methods, products, recipes, formulations, trademarks, trade dress, goodwill, or other proprietary rights.

12. PAYMENTS, REFUNDS, AND CHARGEBACKS

If you purchase Products on behalf of a business, place wholesale orders, register for an event, participate in a Preview Experience, or purchase any other Service through the Site:

  • You agree to pay all applicable fees, taxes, shipping charges, and other amounts disclosed at the time of purchase.
  • Payment terms for certain Products or Services may be governed by separate service-specific agreements, order terms, or Partnership Terms.
  • Unless otherwise stated in writing for a specific Product or Service, all payments are non-refundable.
  • Fraudulent, abusive, or bad-faith chargebacks may result in suspension or termination of your Account, cancellation of pending orders or registrations, and collection of amounts lawfully owed.

Collection Costs and Interest. To the fullest extent permitted by applicable law, any amount not paid when due may accrue interest at the lesser of (a) one and one-half percent (1.5%) per month, (b) eighteen percent (18%) per year, or (c) the maximum lawful rate permitted by applicable law, until paid in full. You agree to reimburse Sorbailee for its reasonable costs of collection, including reasonable attorneys’ fees, court costs, arbitration fees, and collection agency fees, to the extent permitted by applicable law.

Submission of an order does not constitute acceptance by Sorbailee. An order is accepted only when Sorbailee confirms acceptance or begins fulfillment. Sorbailee may reject, modify, or cancel orders because of inventory, production capacity, pricing errors, safety concerns, fraud, delivery limitations, or other legitimate business reasons.

Nothing in this Section limits any refund rights that cannot legally be waived under applicable law.

13. DISCLAIMERS

The Site, Services, Content, Hospitality Resources, and Products are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

Sorbailee does not guarantee:

  • uninterrupted access to the Site;
  • uninterrupted availability of Products or Services;
  • that all Content is complete, current, or error-free;
  • that every Product, flavor, or offering will remain available; or
  • that use of the Site or Services will meet your particular expectations or objectives.

Actual Products may vary slightly from photographs, descriptions, illustrations, flavor profiles, serving suggestions, or promotional materials.

13.1 Third-Party Services. The Site or Services may integrate with or link to third-party providers, including payment processors, scheduling platforms, communication platforms, mapping services, social media platforms, and other third-party technologies.

Sorbailee does not control these providers and is not responsible for their availability, security, performance, or terms of use.

13.2 Technology and Security. While Sorbailee uses commercially reasonable measures to protect its systems, no website, communication system, or technology platform is completely secure or uninterrupted.

Sorbailee does not guarantee uninterrupted availability or that the Site will always be free from errors, delays, viruses, or other harmful components.

13.3 No Warranties. To the fullest extent permitted by law, Sorbailee disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

13.4 Food Products, Ingredients, Allergens, and Dietary Information. Sorbailee provides ingredient, allergen, and dietary information based on the formulations, ingredients, supplier information, and production information reasonably available at the time each Product is manufactured.

All Sorbailee Products are produced in a facility that is free from animal products, including dairy, eggs, fish, shellfish, and other animal-derived ingredients. Sorbailee’s Products are formulated without dairy ingredients and are manufactured in an animal-product-free production environment.

Certain Products may contain or come into contact with non-animal allergens, including wheat, soy, peanuts, tree nuts, sesame, or other ingredients that may cause allergies, sensitivities, or dietary reactions. Purchasers, Serve Partners, and other authorized recipients are responsible for reviewing the ingredient and allergen information provided for the specific Product.

Individuals with food allergies, sensitivities, intolerances, medical conditions, or dietary restrictions are responsible for determining whether a Product is appropriate for them. When appropriate, individuals should consult a qualified medical professional before consuming a Product.

When Serve Partners serve or distribute Sorbailee Products to their own customers or guests, they are responsible for accurately communicating ingredient, allergen, and dietary information and for avoiding statements inconsistent with information provided by Sorbailee.

Serve Partners must preserve and accurately communicate the ingredient, allergen, dietary, storage, handling, and serving information supplied by Sorbailee and may not alter, omit, or misrepresent that information.

13.5 Storage, Handling, Service, Product Integrity, and Cross-Contamination.

Sorbailee Products are perishable frozen food products and must be received, inspected, stored, transported, displayed, portioned, handled, and served in accordance with applicable law, Sorbailee’s written instructions, stated temperature requirements, use-by guidance, and generally accepted food-safety practices.

Sorbailee’s responsibility for the integrity of its Products extends only until the Product is delivered to or otherwise transferred to the purchaser, recipient, Serve Partner, carrier, venue, or other authorized recipient.

After delivery or transfer of control, the purchaser or Serve Partner assumes responsibility for the Product’s storage, handling, transportation, service, allergen management, sanitation, and protection from contamination or cross-contact.

Serve Partners remain solely responsible for obtaining and maintaining all licenses, permits, inspections, approvals, certifications, and registrations required for their businesses and for complying with all applicable federal, state, and local laws and regulations governing their operations, including food safety, sanitation, allergen management, labeling, storage, transportation, handling, service, employment, and health requirements.

Sorbailee is not responsible for any representation, warranty, advertising, menu description, nutritional claim, health claim, dietary claim, pricing, or other statement made by a Serve Partner that differs from or exceeds information provided by Sorbailee.

Sorbailee has no control over the ingredients, equipment, utensils, preparation methods, storage conditions, serving practices, or food-safety procedures used by Serve Partners or other third parties after delivery. Accordingly, Sorbailee is not responsible for allergen cross-contact, contamination, adulteration, spoilage, improper storage, thawing, refreezing, mishandling, or other changes to a Product occurring after delivery or transfer of control, except to the extent caused by Sorbailee before delivery.

Products that have been improperly stored, transported, thawed, refrozen, contaminated, or held outside Sorbailee’s stated storage or service requirements should not be sold, served, or consumed.

13.6 Product Descriptions, Samples, and Natural Variations. Sorbailee Products are handcrafted and may be produced in small batches using ingredients that naturally vary due to seasonal availability, sourcing, and other factors. As a result, Products may vary slightly in appearance, color, texture, consistency, flavor profile, size, weight, packaging, or presentation from photographs, illustrations, descriptions, samples, demonstrations, Preview Experiences, or promotional materials.

Any samples, Preview Experience tastings, photographs, flavor descriptions, demonstrations, or marketing materials are intended to illustrate the general characteristics and quality of a Product and do not guarantee that every production batch will be identical in every respect.

These natural or immaterial variations do not constitute a defect in the Product.

Nothing in this Section permits Sorbailee to materially misrepresent a Product or limits any rights or remedies that cannot lawfully be waived under applicable law.

13.7 Product Recall / Safety Notice. Users and Partners agree to cooperate with any product safety notice, withdrawal, correction, or recall involving Sorbailee Products. Serve Partners agree to cooperate fully with any Product recall, market withdrawal, safety notice, or corrective action initiated by Sorbailee and to promptly discontinue serving, selling, or distributing affected Products upon notice.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Sorbailee shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the Site, Services, Products, Content, or these Terms.

This includes, without limitation:

  • lost profits;
  • lost revenue;
  • loss of business opportunities;
  • business interruption;
  • loss of goodwill;
  • reliance-based damages; or
  • any indirect economic loss.

If applicable law does not permit certain limitations of liability, those limitations shall apply only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited under applicable law.

Liability Cap
To the fullest extent permitted by law, Sorbailee’s total aggregate liability arising out of or relating to the Site, Services, Products, or these Terms shall not exceed the greater of:

  • (a) $1,000.00, or
  • (b) the total amount actually paid by you to Sorbailee for the specific Product or Service giving rise to the claim during the twelve (12) months immediately preceding the earliest event giving rise to the claim.

The limitations of liability contained in this Section form an essential basis of the bargain between the parties and apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, statute, or otherwise.

This limitation applies regardless of the number of claims asserted, legal theories alleged, transactions involved, or Products or Services purchased.

15. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Sorbailee, LLC, its owners, officers, directors, employees, contractors, affiliates, licensors, successors, and assigns from and against any claims, demands, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of any third-party claim relating to:

  • your use or misuse of the Site, Services, Products, or Hospitality Resources;
  • your violation of these Terms;
  • your violation of any applicable law or regulation;
  • your infringement or alleged infringement of the intellectual property or other rights of any person or entity;
  • your negligence, misconduct, or fraudulent acts; or
  • your unauthorized use, disclosure, reproduction, or distribution of Sorbailee’s Content, Hospitality Resources, Confidential Information, or other proprietary materials.

This Section survives the termination of your access to the Site or Services.

16. CONFIDENTIALITY

You agree to protect and maintain the confidentiality of Sorbailee’s Confidential Information and not to disclose, reproduce, distribute, or use such information except as expressly authorized in writing by Sorbailee or as required by applicable law.

Confidential Information includes, but is not limited to, the information defined in Section 2 of these Terms, as well as any additional non-public information disclosed by Sorbailee that a reasonable person would understand to be confidential.

You agree to use Confidential Information solely for its intended purpose and not for the benefit of yourself or any third party.

Nothing in these Terms prohibits the disclosure of information that:

  • becomes publicly available through no wrongful act of the recipient;
  • is lawfully received from a third party without restriction;
  • is independently developed without reference to Sorbailee’s Confidential Information; or
  • must be disclosed pursuant to applicable law, court order, or governmental process, provided that, where legally permitted, you promptly notify Sorbailee before making such disclosure.

Your confidentiality obligations survive the termination of these Terms and remain in effect for so long as the information remains Confidential Information under applicable law.

17. TERMINATION AND SURVIVAL

Sorbailee may suspend, restrict, or terminate your access to the Site, Services, Products, Accounts, or other offerings at any time if:

  • you violate these Terms;
  • your use creates legal, operational, security, food safety, reputational, or business risks to Sorbailee, its Partners, or other users; or
  • Sorbailee reasonably determines that termination is necessary to protect its business, intellectual property, users, or operations.

17.1 Effect of Termination. Upon termination:

  • your right to access or use the Site, Services, Accounts, Hospitality Resources, and Content immediately ends;
  • you must immediately stop using Sorbailee’s intellectual property, Confidential Information, Hospitality Resources, and other proprietary materials;
  • upon request, you must delete or destroy any copies of Confidential Information or other proprietary materials in your possession, except where retention is required by applicable law.

17.2 Survival. Termination, expiration, suspension, cancellation, or discontinuation of an Account, order, registration, Service, partnership, or these Terms does not affect any right, obligation, liability, claim, payment obligation, or remedy that accrued before the effective date of termination.

The following provisions survive termination or expiration to the extent applicable:

  • Section 2, Definitions, to the extent necessary to interpret surviving provisions;
  • Section 7, Intellectual Property;
  • Section 10, Limited License to Use, including the termination of that license and restrictions on continued use;
  • Section 11, No Implied Rights, Relationships, or Authority;
  • Section 12, Payments, Refunds, and Chargebacks, with respect to amounts due, refunds, disputes, and completed or pending transactions;
  • Section 13, Disclaimers;
  • Section 14, Limitation of Liability;
  • Section 15, Indemnification;
  • Section 16, Confidentiality;
  • Section 17, Termination and Survival;
  • Section 20, Notices;
  • Section 21, Dispute Resolution;
  • Section 22, Governing Law and Exclusive Venue;
  • Section 23, Severability;
  • Section 24, No Waiver;
  • Section 25, Entire Agreement;
  • Section 26, User Submissions and Feedback; and
  • any other provision that, by its nature or express terms, is intended to survive.

Confidentiality obligations relating to trade secrets survive for so long as the applicable information qualifies as a trade secret under applicable law. Obligations concerning other Confidential Information survive for the period stated in any applicable service-specific agreement or, if no period is stated, for so long as the information remains non-public and confidential.

18. FORCE MAJEURE

Sorbailee shall not be responsible for delays, interruptions, or failures to perform resulting from events beyond its reasonable control, including but not limited to:

  • acts of God;
  • natural disasters;
  • severe weather;
  • fire;
  • flood;
  • pandemics or public health emergencies;
  • government actions or regulations;
  • labor disputes;
  • transportation interruptions;
  • supplier shortages or interruptions;
  • utility failures;
  • cyber incidents;
  • internet or telecommunications failures; or
  • other events beyond Sorbailee’s reasonable control.

If a Force Majeure event occurs, Sorbailee may suspend, delay, modify, or reschedule affected Products or Services as reasonably necessary and will make commercially reasonable efforts to resume normal operations as soon as practicable.

19. ASSIGNMENT

You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms without Sorbailee’s prior written consent.

Sorbailee may assign or transfer these Terms, in whole or in part, without notice, in connection with:

  • a merger;
  • acquisition;
  • reorganization;
  • sale of assets;
  • financing transaction;
  • corporate restructuring; or
  • other change in ownership or control.

These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20. NOTICES

Legal notices required or permitted under these Terms must be sent to:

Sorbailee, LLC
7100 Foundry Row, Suite 288-81
Liberty Township, OH 45069
Email: legal@sorbailee.com

Unless otherwise required by applicable law, notices are deemed received:

  • by email, when transmitted without an error message or bounce-back (or, if sent outside normal business hours, on the next business day); or
  • by certified U.S. Mail, three (3) business days after mailing.

You are responsible for keeping your contact information current. Sorbailee may send notices to the most recent email address or mailing address associated with your Account or otherwise provided by you.

Routine customer-service communications do not constitute legal notice under these Terms.

Email communications concerning orders, deliveries, scheduling, customer service, or general business operations do not constitute legal notice unless they expressly state they are intended as legal notice under these Terms.

21. Dispute Resolution

21.1 Informal Resolution
Before initiating arbitration or filing any legal action, the complaining party must provide written notice describing:

  • the nature of the dispute;
  • the relevant facts;
  • the relief requested; and
  • any supporting information reasonably necessary to understand the dispute.

The parties agree to make a good-faith effort to resolve the dispute informally for thirty (30) days following receipt of the notice.

21.2 Injunctive Relief. Notwithstanding any other provision of these Terms, Sorbailee may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction located in Warren County, Ohio, to protect:

  • intellectual property;
  • Confidential Information;
  • trade secrets;
  • proprietary materials;
  • trademarks;
  • copyrights;
  • trade dress;
  • or other proprietary rights.

The parties acknowledge that monetary damages alone may be an inadequate remedy for these violations.

21.3 Mandatory Binding Arbitration. Except for claims eligible for small claims court or claims seeking injunctive relief under Section 21.2, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, the Products, or any related transaction shall be resolved exclusively through final and binding arbitration.

Arbitration shall:

  • be governed by the Federal Arbitration Act (FAA);
  • be administered by JAMS or the American Arbitration Association (AAA) under its applicable Commercial Arbitration Rules, unless applicable law requires otherwise;
  • be conducted before a single arbitrator;
  • take place in Warren County, Ohio, unless conducted remotely at the arbitrator’s discretion;
  • permit reasonable discovery as determined by the arbitrator; and
  • result in a written decision.

Judgment upon the arbitration award may be entered in any court having jurisdiction.

21.4 Class Action Waiver. To the fullest extent permitted by law, all disputes shall be resolved solely on an individual basis.

You waive any right to:

  • participate in a class action;
  • participate in a collective action; or
  • participate in any representative proceeding.

21.5 Small Claims. Either party may bring an individual claim in a court of competent small claims jurisdiction located in Warren County, Ohio, provided the claim qualifies.

21.6 Waiver of Jury Trial. To the fullest extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury in any lawsuit, action, or proceeding arising out of or relating to the Product, Site, Services, or these Terms.

21.7 Cumulative Remedies. Except where these Terms expressly provide otherwise, the rights and remedies available to Sorbailee under these Terms are cumulative and are in addition to any other rights or remedies available at law, in equity, or under any applicable service-specific agreement. The exercise of any one right or remedy shall not preclude the exercise of any other right or remedy.

22. Governing Law and Exclusive Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict-of-law principles.

Except where arbitration is required under Section 21, any lawsuit, action, or proceeding arising out of or relating to these Terms shall be brought exclusively in:

  • the state courts located in Warren County, Ohio; or
  • the United States District Court for the Southern District of Ohio (Western Division).

You consent to the personal jurisdiction of those courts and waive any objection based upon improper venue or forum non conveniens.

23. Severability

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

If necessary, the invalid or unenforceable provision shall be modified only to the extent required to make it enforceable while preserving its original intent as closely as possible.

24. No Waiver

Sorbailee’s failure to enforce any provision of these Terms or to exercise any right or remedy shall not constitute a waiver of that provision, right, or remedy.

Any waiver must be in writing and signed by an authorized representative of Sorbailee. No waiver of any breach shall constitute a waiver of any prior, concurrent, or future breach.

25. Entire Agreement

These Terms, together with the Privacy Policy and any applicable service-specific agreements, including but not limited to the Preview Experience Terms, Serve Partnership Terms, Sorbailee Ninety Terms, order terms, or other written agreements entered into between you and Sorbailee, constitute the entire agreement between the parties regarding the subject matter covered herein.

To the extent of any conflict:

  • these Terms govern generally;
  • the applicable service-specific agreement governs the specific Product or Service covered by that agreement; and
  • the Privacy Policy governs the collection, use, storage, and disclosure of personal information.

These Terms supersede all prior or contemporaneous understandings, communications, representations, and agreements relating to the same subject matter.

26. User Submissions and Feedback

If you voluntarily submit ideas, suggestions, comments, feedback, reviews, testimonials, proposals, or other materials to Sorbailee regarding the Site, Products, Services, Hospitality Resources, or business operations (“Feedback”), you acknowledge and agree that:

  • Sorbailee may use, reproduce, modify, publish, distribute, display, adapt, or otherwise utilize the Feedback for any lawful business purpose without restriction;
  • Sorbailee is under no obligation to keep the Feedback confidential unless otherwise agreed in writing;
  • Sorbailee is under no obligation to compensate you for the Feedback; and
  • you represent that you have the legal right to provide the Feedback.

Nothing in this Section grants Sorbailee ownership of your separately protected intellectual property except to the extent expressly incorporated into your Feedback.

27. CONTACT INFORMATION

If you have questions regarding these Terms, you may contact:

Sorbailee, LLC
Mailing Address: 7100 Foundry Row, Suite 288-81 Liberty Township, Ohio 45069
Email: legal@sorbailee.com
Website: https://sorbailee.com
Privacy Policy: https://sorbailee.com/terms-policies/privacy
Terms of Use: https://sorbailee.com/terms-policies/use

28. EFFECTIVE DATE AND CHANGES TO THESE TERMS

Original Effective Date: August 1, 2024

Sorbailee may revise these Terms from time to time to reflect changes in its business, Products, Services, legal requirements, or operational practices. When material changes are made, Sorbailee will update the “Last Updated” date at the top of these Terms and, where required by applicable law, provide additional notice.

Your continued use of the Site, Products, Services, or participation in Sorbailee offerings after revised Terms become effective constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, you must discontinue use of the Site and Services.

Version 2.0 – July 25, 2026