Terms & Conditions

These Terms of Use (the “Terms”) govern your access to and use of the website located at www.somahv.com and any related applications (together, the “Site”), and the information, content, listings, and services made available through it (together, the “Services”) by Soma Hospitality Ventures (“Soma,” “we,” “us,” or “our”). Please read these Terms carefully before using the Site. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, you may not use the Site or Services.

Soma may update or revise these Terms at any time in its sole discretion by posting updated Terms on the Site and updating the “Last Updated” date. Changes are effective upon posting. Your continued use of the Site or Services after any such changes constitutes acceptance of the revised Terms.

Eligibility

The Site is intended for a general audience. You must be at least 18 years of age, or the age of majority in your jurisdiction, to register for an account, submit inquiries, or complete any transaction through the Site. By using the Site, you represent and warrant that you meet these requirements and that any information you provide is accurate.

Privacy Policy

Your use of the Site and Services is also governed by our Privacy Policy, available at www.somahv.com/privacy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.

Informational Purposes and No Professional Advice

THE SITE AND ITS CONTENT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. SOMA IS NOT A PROFESSIONAL ADVISOR AND DOES NOT PROVIDE LEGAL, FINANCIAL, REAL ESTATE, MEDICAL, OR OTHER PROFESSIONAL ADVICE. INFORMATION ABOUT RESTAURANTS, BRANDS, INVESTMENTS, CONCEPTS IN DEVELOPMENT, AND EVENTS IS PROVIDED FOR CONVENIENCE AND MAY CHANGE WITHOUT NOTICE. SOMA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT AND DISCLAIMS LIABILITY FOR ANY RELIANCE PLACED ON IT.

No Offer of Securities

REFERENCES ON THE SITE TO INVESTMENTS, PORTFOLIO COMPANIES, OR BRANDS IN DEVELOPMENT ARE FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITE CONSTITUTES AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY, ANY SECURITY, INTEREST, OR INVESTMENT PRODUCT.

Featured Brands and Third Parties

The Site features restaurants, bars, social clubs, and other brands that Soma has created, invested in, financed, supported, or collaborated with, as well as third-party partners, farms, and artists (each, a “Featured Brand”). Featured Brands may be separately owned and operated entities, and references to a Featured Brand do not mean that Soma owns, operates, or controls it. The inclusion of any Featured Brand does not constitute an endorsement, sponsorship, or guarantee by Soma. Hours, offerings, availability, pricing, and other details are set by each Featured Brand and may change at any time. Your interactions, purchases, and dealings with any Featured Brand are solely between you and that brand, and Soma is not responsible or liable for them.

Newsletters and Communications

If you subscribe to our newsletter or submit an inquiry, you agree that we may contact you using the information you provide. You may opt out of marketing communications at any time using the unsubscribe link or by contacting us.

License and Use Restrictions

Soma grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Site and Services for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, exploit, or create derivative works of the Site, Services, or content without Soma’s express written consent.

You agree not to:

• Use the Site or Services in any unlawful or harmful way.
• Introduce viruses, worms, or other harmful code.
• Interfere with or disrupt the Site or Services.
• Impersonate another person or misrepresent your affiliation.
• Collect or harvest data from the Site or other users without consent.
• Use automated systems to scrape or index the Site except as expressly permitted.

User Content and Submissions

If you provide feedback, comments, reviews, or other submissions to Soma, you grant Soma a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and incorporate such submissions in any media without obligation or compensation to you. You are responsible for ensuring that your submissions are lawful and do not infringe the rights of any third party.

Third-Party Services, Links, and Vendors

The Site uses third-party vendors for hosting, analytics, email delivery, and related functions, and contains links to third-party websites and social media platforms, including those of Featured Brands, reservation platforms, and press publications. While we require vendors to maintain appropriate safeguards, we cannot guarantee the security or content of their systems. Your use of third-party services and websites is subject to their separate terms and privacy policies, and Soma is not responsible for their content or practices.

Arbitration and Governing Law

Any dispute arising out of or relating to these Terms, the Site, or the Services that cannot be resolved through good-faith negotiation within thirty (30) days shall be resolved by binding arbitration before a single arbitrator under the rules of the American Arbitration Association (AAA) in Palm Beach County, Florida. All claims shall be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. However, Soma reserves the right, at its sole discretion, to pursue adjudication or seek injunctive or equitable relief in the state or federal courts located in Palm Beach County, Florida.

These Terms and any disputes shall be governed by the laws of the State of Florida, without regard to conflict of laws principles. You consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida, for any proceedings not subject to arbitration.

Warranty Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SOMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOMA DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SOMA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. SOMA’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO Soma, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Soma, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Site or Services, any content you submit, your violation of these Terms, or your infringement of any third-party rights.

Termination

Soma may suspend or terminate your access to the Site or Services at any time, with or without cause or notice, including if you breach these Terms. Upon termination, your license to use the Site and Services will immediately cease. All provisions that by their nature should survive termination shall so survive, including without limitation the Warranty Disclaimer, Limitation of Liability, Indemnification, Arbitration and Governing Law, and Intellectual Property sections.

Intellectual Property

All content on the Site, including text, graphics, photographs, video, software, logos, and trademarks, is the property of Soma or its licensors and is protected by copyright, trademark, and other laws. The names, logos, marks, and other intellectual property of Featured Brands and other third parties are and remain the sole property of their respective owners. Any display, reference, or use of third-party intellectual property on the Site is for informational or identification purposes only and does not confer any ownership interest in, or rights to, such intellectual property upon Soma. Nothing in these Terms shall be construed as granting Soma any license, right, title, or interest in or to any third-party intellectual property beyond what is expressly authorized by the applicable owner. Unauthorized use of any intellectual property appearing on the Site is prohibited.

Miscellaneous

These Terms constitute the entire agreement between you and Soma with respect to the Site and Services. If any provision is held invalid, the remainder shall remain in effect. Soma’s failure to enforce any right or provision shall not constitute a waiver. To the fullest extent permitted by applicable law, any claim arising out of these Terms must be brought within one (1) year of accrual.

Electronic Communications

By using the Site or Services, you consent to receive communications from Soma electronically. Notices may be sent to the email you provide or posted on the Site. Such communications have the same legal effect as if in writing.

Contact Us

For questions or concerns about this document or the Services, please contact us at:

Soma Hospitality Ventures
Email: hello@somahv.com