Terms & ConditionsPLEASE READ CAREFULLY. THE FOLLOWING CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN YOU AND SOBER MOVE
Any personal information submitted by you to Sober Move will be subject to Sober Move's Privacy Statement for this Website.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretences. Please choose carefully the information you post on this Website and the information that you provide to other visitors to the Website and users of the Services. You assume all risks associated with dealing with other such visitors and users. We expect that you will use caution and common sense when using this Website.USE OF WEBSITE AND SERVICES
Sober Move, including its affiliates and subsidiaries (collectively, "Sober Move", "we", "us" or "our"), grants you a limited, gratuitous and revocable non-exclusive license to view and access the website located at www.sobermove.com and www.sobermove.ca (collectively the "Website") and to access and use our services on the Website (the "Services"), subject to your unconditional acceptance of and compliance with these Website Legal Terms and Conditions (the "Terms"). By accessing or using the Website or the Services, you are agreeing to and accepting these Terms. If you do not agree with these Terms do not access or use the Website or the Services. If you violate any of these Terms, your permission to use the Website and the Services automatically terminates.
Sober Move reserves the right to update and change the Terms, including without limitation the Privacy Statement, from time to time. Updates and changes to these Terms will be posted on the Website. Your use of the Website or the Services after changes to the Terms constitutes acceptance of any changes. It is therefore important that you regularly review these Terms.OWNERSHIP AND INTELLECTUAL PROPERTY
Sober Move or its service providers own all right, title and interest in the Website, and you acquire no right, title or interest therein. Certain content on the Website is protected by copyright. All rights are reserved except as stated in these Terms. Any unauthorized use, reproduction, alteration, publication, dissemination, modification or distribution of such copyrighted content is strictly prohibited. All moral rights are reserved and not waived. You will not remove or alter any copyright, trade-mark or other proprietary notices from the Website or the content thereof.
All of the brands, names and related words and logos of Sober Move are trade-marks and/or trade names of Sober Move. Nothing in these Terms shall be construed as granting, either expressly, by implication, or by estoppels or otherwise, a licence or other right to you to use any marks or names of Sober Move. The names of other companies, products or services referred to on the Website may be trade-marks or trade names of their respective owners, all rights reserved. Any unauthorized use of the trade-marks or trade names of Sober Move or of third parties is strictly prohibited.LINKS TO THIRD PARTY WEBSITES
Certain links on this Website lead to websites operated or made available by entities other than Sober Move, whether reached through a link on this Website, or otherwise ("Third Party Websites"). Third Party Websites are maintained or made available by independent parties over which we have no control, notwithstanding any affiliation or other relationship we may appear to have with such Third Party Websites. Links to Third Party Websites are included in the Website for purposes of convenience only. Sober Move does not make or give any representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information or contents contained on or available through any Third Party Websites, including any data, information, documents, materials, records, goods or services sold or made available. We disclaim all liability and responsibility for the content of any Third Party Websites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Third Party Websites will be subject to the privacy policies of the owners or operators of such Third Party Websites, and not Sober Move. Nothing in these Terms or your use of the Website grants you any rights or authorizations with respect to any Third Party Website.
You may not frame this Website or link to this Website without our express permission. If you wish to link to this Website please contact us at firstname.lastname@example.org.REGISTRATION OBLIGATIONS
Certain areas of the Website are password protected (“Secure Areas”), and in order to access the Services in the Secure Areas, you may be required to register and obtain an account with Sober Move. You agree not to enter or attempt to enter any Secure Area unless authorized by Sober Move. These Secure Areas may have additional terms and conditions governing their use and you agree to be bound by such terms and conditions when you use or access the Secure Areas. In the event of a conflict, the terms and conditions on the Secure Areas will supersede these terms with respect to information in the Secure Areas.
When registering, you must: (a) provide true, accurate, current and complete information (collectively, the "Registration Data") and (b) update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any or all use of the Website and the Services by you.
You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account. You agree to immediately notify Sober Move of any unauthorized use of your password or account or any other breach of security. Sober Move will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Use unique numbers, letters, and special characters for passwords and log off from your account at the end of each session.APPROPRIATE CONDUCT AND RELATED USER REPRESENTATIONS AND WARRANTIES
As used herein, "Content" means any text, data, software, music, sound, photograph, graphic, video, message, or material, whether publicly posted, or privately transmitted via the Website, and includes text or data entered into and stored by publicly-accessible site features such as postings. You agree that you are responsible for your own conduct and any Content that you or anyone using your account creates, transmits or displays when using the Website or the Services ("Your Content") and for any consequences thereof.
When you create or make available Your Content, you thereby represent and warrant that:
- You own or have sufficient rights to post Your Content posted by, on or through the Website;
- The posting of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, trade-mark rights, contract rights or any other rights of any person;
- Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
- Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libellous or slanderous, does not advocate the violent overthrow of the government of Canada, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any law concerning child pornography or otherwise intended to protect the health and wellbeing of minors;
- Your Content does not violate any law designated to regulate electronic advertising;
- Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Sober Move's or others computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
- Your Content does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
- Your Content does not otherwise violate, or link to material that violates these Terms;
- Your Content does not contain material that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; and
- Your Content does not contain material that discriminates, incites harassment or advocates harassment of any group or individual.
In addition to complying with these Terms, you agree to access and use the Website and the Services for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Third Party Websites in any manner that could damage, disable, overburden, or impair the Website or Third Party Websites or interfere with any other party's use or enjoyment of the Website or Third Party Websites.
You may not access or use the Website or the Services for any purpose other than that for which Sober Move makes the Website and the Services available. Certain activities, even if legal, may violate the common rules of etiquette governing Content, as determined by Sober Move in its sole discretion. Without limiting any other remedies, Sober Move may suspend or terminate your Sober Move account if we suspect that you have engaged in unlawful activity in connection with the Website or the Services. In addition, Sober Move reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in Sober Move's sole discretion, violates this provision. Prohibited activity includes, but is not limited to:
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, trade-mark infringement, patent infringement, or theft of trade secrets;
- Transmitting chain letters or junk mail to other users;
- Using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without such user's prior explicit consent;
- Engaging in automated use of the Website or Services, such as using scripts to send comments or messages;
- Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website, including, without limitation, hacking into the Website;
- Attempting to impersonate another user or person;
- Using the username of another person;
- Selling or otherwise transferring your profile; and
- Using any information obtained from the Website to harass, abuse or harm another person.
By operating the Website, Sober Move does not represent or imply that Sober Move endorses any Content or any other materials or items available on or linked to by the Website, including without limitation content hosted on Third Party Websites, or that Sober Move believes any Content or any other materials or items to be accurate, useful or non-harmful.
You understand and agree that:
Use of the Website and the Services is at your sole risk. The Website and the Services are provided on an "as is", "as available" and "when available" basis. Sober Move and its service providers disclaim any and all warranties, guarantees, representations or conditions with respect to the Website or the Services, whether express or implied, including without limitation, any warranty of merchantability, satisfaction, fitness for a particular purpose, completeness, accuracy, reliability, quality, timeliness, uninterrupted use, title and non-infringement, or that access to the Website or the Services shall be uninterrupted or error free, or available at all.
The downloading, reading and review of any material from the Website or Third Party Websites is and will be done solely at your own risk. Sober Move does not give any condition, guarantee or warranty that any materials available through the Website or a Third Party Website are free of viruses or other destructive code or content of any kind. You are solely responsible for implementing safeguards to protect your computer system and data and for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website, the Services or any Third Party Website.
You agree that you will not rely on any opinion or other information set out on the Website when making business, financial, personal or any other decisions. Sober Move and its service providers do not endorse the opinions of any third party expressed on the Website or any Third Party Website.
IN NO EVENT SHALL SOBERMOVE BE LIABLE FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES; (B) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, PROFITS, GAINS, SAVINGS OR OTHER RESULTS OF ANY KIND; (C) CLAIMS OF THIRD PARTIES; OR (D) ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THESE TERMS, THE CONTENT, THE SERVICES, THE WEBSITE OR ANY THIRD PARTY WEBSITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF SOBERMOVE AND ITS SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS, THE CONTENT, THE SERVICES, THE WEBSITE OR ANY THIRD PARTY WEBSITE EXCEED THE SUM OF TEN DOLLARS ($10.00) IN CANADIAN CURRENCY.
THE DISCLAIMER OF GUARANTEES, REPRESENTATIONS, WARRANTIES, CONDITIONS AND LIMITATIONS OF LIABILITY SET OUT HEREIN SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO ANY LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER, AND FURTHER SHALL APPLY EVEN IF SOBERMOVE AND/OR ITS SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY OR SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS FORESEEABLE.
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website and the Services, and the interpretation of these Terms. The courts of the Province of Alberta, sitting at Calgary, Alberta, and without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website or the Services. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action and make no claim of any kind in any jurisdiction other than the courts of the Province of Alberta and you expressly undertake and agree to not commence or pursue any action by way of class action or similar proceeding. Notwithstanding the foregoing, nothing in these Terms will prevent us from seeking injunctive or equitable relief or remedies against you from any court of competent jurisdiction.GENERAL
These Terms, together with any and all other notices, policies and statements contained on the Website, constitute the entire agreement between Sober Move and you. These Terms cannot be modified by you. In the event of any conflict or inconsistency between these Terms and anything contained in or available through the Website or the Services, these Terms, as amended, shall in all cases prevail and take priority. No waiver of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be severed, or restricted or eliminated to the minimum extent necessary to leave the enforceable provisions of these Terms in effect.