Last Updated: Sept 8, 2017
The website http://www.sobergrid.com (“Sober Grid Site”) and any Sober Grid mobile application (e.g., Sober Grid iOS, Sober Grid iOS Pro, or Sober Grid Android, together referred to herein as the “Sober Grid App”) (collectively, the “Sober Grid Service”) are provided by Sober Grid, Inc. (“Sober Grid”) to create a community focused on sobriety for users of the Sober Grid Service (“User,” “Users,” “you” or “your”).
IF YOU ARE BETWEEN 13 AND 18 YEARS OLD, YOU MUST REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN AND OBTAIN HIS OR HER CONSENT FOR YOU TO USE THE SOBER GRID SERVICE BEFORE SIGNING UP FOR OR USING THE SOBER GRID SERVICE. BY SIGNING UP FOR AND USING THE SOBER GRID SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE OBTAINED YOUR PARENT’S OR GUARDIAN’S CONSENT TO USE THE SOBER GRID SERVICE. IF YOU CANNOT CONFIRM ALL OF THE FOREGOING, THEN YOU MUST NOT REGISTER FOR OR USE THE SOBER GRID SERVICE.
IF YOU CREATE A USER ACCOUNT (AS DEFINED BELOW IN SECTION 5), YOU REPRESENT AND WARRANT THAT YOU HAVE NEVER BEEN CONVICTED OF A FELONY AND THAT YOU ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY. USING THE SOBER GRID SERVICE MAY BE PROHIBITED OR RESTRICTED IN CERTAIN COUNTRIES. IF YOU USE THE SOBER GRID SERVICE FROM OUTSIDE OF THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS AND REGULATIONS OF THE TERRITORY FROM WHICH YOU ACCESS OR USE THE SOBER GRID SERVICE.
1. IMPORTANT DISCLAIMER ABOUT LOCATION DATA. THE SOBER GRID SERVICE IS INTENDED ONLY AS A PERSONAL, LOCATION-BASED SERVICE FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE SOBER GRID SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE SOBER GRID SERVICE IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
2. MODIFICATION OF THIS AGREEMENT. We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the "Last Updated" date above. Your continued use of the Sober Grid Service will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Sober Grid Service. If you do not agree to the updated Agreement, you must discontinue using the Sober Grid Service and uninstall the Sober Grid App immediately.
3. OWNERSHIP; PROPRIETARY RIGHTS. The Sober Grid Service, including the Sober Grid Site and Sober Grid App and all information and materials contained therein, is owned and operated by Sober Grid. All content, images, illustrations, designs, names, products, services, icons, photographs, video clips, typefaces, source and object code, format, queries, algorithms, visual interfaces, HTML, information, graphics, design, look and feel, compilation, and all other elements (whether written or otherwise) of the Sober Grid Service (collectively, the “Materials”), as well as their selection and arrangement, and all intellectual property and other rights relating to Materials, are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Sober Grid Service are the property of Sober Grid or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks and trade names displayed on the Sober Grid Service are proprietary to Sober Grid or its affiliates and/or third-party licensors. Except as expressly authorized by Sober Grid under this Agreement, you agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
4. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES.
A. Please read the Guidelines in Section 4(B) below carefully before providing any content or links to the Sober Grid Service and please note that these Guidelines are subject to change at any time for any reason. Any violation of the Guidelines by you or your User Submissions, as determined by Sober Grid, may result in your User Account being suspended and/or terminated and may lead to the termination of your access to the Sober Grid Service.
B. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT & USES LISTED BELOW (THE “GUIDELINES”). YOU WILL NOT:
i. use the Sober Grid Service or any location information displayed within the Sober Grid Service to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;
ii. use the Sober Grid Service if you are under the age of eighteen (18) years old;
iii. use the Sober Grid Service for any commercial or non-private use, it being understood that the Sober Grid Service is for personal, non-commercial use only;
iv. use the Sober Grid Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data security and privacy, and import or export control;
v. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Sober Grid Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
vi. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Sober Grid Service accounts of other Users;
vii. misrepresent the source, identity or content of information transmitted via the Sober Grid Service;
viii. Copy, distribute, publicly perform or publicly display the Sober Grid Site, Sober Grid App or profile data on any external display or monitor or in any public setting;
ix. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Sober Grid Service, features that prevent or restrict use or copying of any content accessible through the Sober Grid Service, or features that enforce limitations on use of the Sober Grid Service;
x. intentionally interfere with or damage operation of the Sober Grid Service or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
xi. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
xii. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
xiii. use the Sober Grid Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
xiv. download any information or content contained in the Sober Grid App (except as permitted as a feature within the Sober Grid App);
xv. access any application programming interface (“API”) associated with the Sober Grid Service with an unauthorized or third-party client;
xvi. use the Sober Grid Service other than for its intended purposes, for example in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Sober Grid Service could lead directly to death, personal injury, or severe physical or property damage;
xvii. attempt to gain unauthorized access to the Sober Grid Service, or any part of it, other accounts, computer systems or networks connected to the Sober Grid Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Sober Grid Service or any activities conducted on the Sober Grid Service;
xviii. use any robot, spider, scraper or other automated means to access the Sober Grid Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sober Grid Service or modify the Sober Grid Service in any manner or form, nor use modified versions of the Sober Grid Service, including without limitation for the purpose of obtaining unauthorized access to the Sober Grid Service;
xix. violate any requirements, procedures, policies or regulations of networks connected to the Sober Grid Service;
xx. hack, spam or phish Sober Grid or any Users of the Sober Grid Service; or
xxi. hold Sober Grid responsible for your use of the Sober Grid Service, including the Sober Grid App and/or Sober Grid Site.
Please let us know about any inappropriate behavior that you become aware of within the Sober Grid Service. If you find something that violates this Agreement or these Guidelines, let us know by sending us an e-mail to email@example.com. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Sober Grid Service, including the Sober Grid Site and Sober Grid App, without notice.
5. USAGE; REFUSAL OR SUSPENSION OF SERVICE.
A. You are responsible for the security on the mobile device on which the Sober Grid App is installed. If you elect to use the Sober Grid Service or register for an account with Sober Grid (“User Account”), you represent and warrant that: (i) you are responsible for maintaining the confidentiality of your Sober Grid account login information and the security of your mobile device, and (ii) you are fully responsible for all activities that occur under your Sober Grid account. You agree to immediately notify Sober Grid of any unauthorized use, or suspected unauthorized use, of your User Account or any other breach of security. Sober Grid cannot and will not be liable for any loss, damage or injury arising from your failure to comply with the above requirements.
B. SOBER GRID RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SOBER GRID SERVICE, INCLUDING A USER’S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, SOBER GRID ALSO RESERVES THE RIGHT TO (I) DISABLE ANY USER’S USE OF OR ACCESS TO THE SOBER GRID SERVICE, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, OR (II) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.
C. You alone are responsible for your involvement with other Users. You agree that Sober Grid will not be responsible for any loss or damage incurred as the result of any such interactions. Sober Grid reserves the right, but has no obligation, to monitor disagreements between you and other Users.
D. Sober Grid does not control the content of User Accounts and profiles. Sober Grid has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Sober Grid Service.
PLEASE NOTE THAT SOBER GRID RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE. Sober Grid ALSO MAY request that you delete, or Sober Grid may delete, any User Submissions (as defined below) at any time for any reason, or no reason whatsoever.
6. USER SUBMISSIONS.
B. You understand that when using the Sober Grid Service you will be exposed to User Submissions from a variety of sources, and that Sober Grid is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
C. Sober Grid assumes no responsibility whatsoever in connection with or arising from User Submissions. Sober Grid assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Sober Grid chooses, in its sole discretion, to monitor User Submissions, Sober Grid nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Sober Grid does not endorse and has no control over the content of User Submissions submitted by other Users. Sober Grid makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Sober Grid reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
D. User Submissions are owned by the User who submitted them, subject to Sober Grid’s license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitting User, except as permitted under this Agreement.
E. You hereby grant, and you represent and warrant that you have the right to grant, to Sober Grid an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for our business purposes and/or to include your User Submissions in the Sober Grid Service. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to Sober Grid, in connection with a sale of Sober Grid or the assets of Sober Grid, the right to sell or transfer the User Submissions to a third party.
7. RESEARCH INSTITUTIONS. By using the Sober Grid Service, you agree that your de-identified User Submissions may be used for health outcomes research purposes. In performing such health outcomes research, Sober Grid may share de-identified information with research partners and sponsors. By agreeing to these terms, you authorize Sober Grid to use and/or disclose (release) de-identified User Submissions for this research on de-identified data. Those persons who receive your de-identified User Submissions may further share such de-identified data, if permitted by law. Additionally, from time to time, Sober Grid may engage in research, either alone or with outside research partners that will use identifiable information about you. Prior to engaging in any such research using your information, Sober Grid will contact you about receiving your consent to participate in such research and obtain your authorization to use your identifiable information. Such research will be conducted in accordance with applicable law, including HIPAA, if applicable.
8. FEEDBACK. If you provide Sober Grid any feedback or suggestions regarding the Sober Grid Site, Sober Grid App, or any of Sober Grid’s products or services (including the Sober Grid Service) (“Feedback”), you hereby assign to Sober Grid all rights in the Feedback and agree that Sober Grid shall have the right to commercially exploit and/or use such Feedback and related information in any manner it deems appropriate. Sober Grid will treat any Feedback you provide to Sober Grid as non-confidential and non-proprietary. You agree that you will not submit to Sober Grid any information or ideas that you consider to be confidential or proprietary.
9. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
A. The Sober Grid Service may include links to other websites or services (“Third Party Websites”) solely as a convenience to Users. Sober Grid does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Sober Grid makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
B. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sober Grid Service are solely between you and such advertiser. You agree that Sober Grid shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sober Grid Service.
C. Parties other than Sober Grid may provide services or sell products via the Sober Grid Service. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their products and service offerings. Sober Grid does not assume any responsibility or liability for the actions, products and/or contents of any such third parties. You should carefully review their privacy statements and other terms and conditions of use of their products and service offerings.
D. By your use of third party applications that connect with the Sober Grid Service (“Third Party Applications”), you acknowledge and agree that Sober Grid may transmit User Submissions to Third Party Websites or Third Party Applications through APIs developed and maintained by those Third Party Websites or Third Party Applications. Sober Grid is neither responsible for the transmission of the User Submissions from the Sober Grid Service to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. Sober Grid is not responsible for and does not endorse any features, content or other materials on or available from Third Party Websites or Third Party Applications. Sober Grid also does not screen, audit or endorse Third Party Websites or Third Party Applications. Accordingly, if you decide to access Third Party Websites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Websites or Third Party Applications is on an “as-is” basis without any warranty as to the content or actions of the Third Party Websites or Third Party Applications, and that this Agreement does not apply to your use of any Third Party Websites or Third Party Applications.
E. You acknowledge and agree that Sober Grid may incorporate User Submissions and location information for User Accounts from the Sober Grid Service with third party information sources and Third Party Applications in the provisioning of the Sober Grid Service.
10. ADVERTISING. Sober Grid and its licensees may publicly display advertisements and other information adjacent to your content, including User Submissions. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
11. END USER LICENSES.
A. Mobile Device. To use the Sober Grid App you must have a mobile device that is compatible with the Sober Grid Service. Sober Grid does not warrant that the Sober Grid Service will be compatible with your mobile device.
B. License Grant. Subject to the terms of this Agreement, Sober Grid hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Sober Grid App for one User Account on one or more mobile devices owned or leased solely by you, for your personal, noncommercial use, and (ii) use the Sober Grid Service for your personal, noncommercial use.
C. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Sober Grid Service; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Sober Grid Service to any third party or use the Sober Grid Service to provide time sharing or similar services for any third party; (iii) make any copies of the Sober Grid Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Sober Grid Service, features that prevent or restrict use or copying of any content accessible through the Sober Grid Service, or features that enforce limitations on use of the Sober Grid Service; or (v) delete the copyright and other proprietary rights notices on the Sober Grid Service.
D. Software Upgrades. You acknowledge that Sober Grid may from time to time issue upgraded versions of the Sober Grid Service, and may automatically electronically upgrade the version of the Sober Grid Service that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Sober Grid will not be liable to you for any such modifications.
E. Open Source. With respect to any open source or third-party code that may be incorporated in the Sober Grid Service, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify and distribute such open source software that is subject to the terms of the GNU General Public License.
F. Rights Reserved. The license grant to you in Section 11(B) above is not a sale of the Sober Grid Service or any copy thereof and Sober Grid and/or its third party partners or suppliers retain all right, title and interest in the Sober Grid Service (and any copy thereof), including the Sober Grid App and Sober Grid Site. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Sober Grid reserves all rights not expressly granted under this Agreement.
G. Trademarks, Service Marks and Logos. The name Sober Grid, and names of the Sober Grid Site and Sober Grid App, are service marks of Sober Grid. No use of these marks shall be permitted except through the prior written authorization and permission of Sober Grid. All rights reserved.
H. Government End Users. If the Sober Grid Service is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication or disclosure of the Sober Grid Service by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
I. Export Control. The Sober Grid Service originates in the United States and is subject to United States export laws and regulations. The Sober Grid Service may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Sober Grid Service may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Sober Grid Service, including the Sober Grid Site and Sober Grid App.
J. App Stores. You acknowledge and agree that the availability of the Sober Grid App is dependent on the third party from whom you received the Sober Grid App, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Sober Grid and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Sober Grid App from it. You agree to comply with, and your license to use the Sober Grid Service is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store. If you are using the Sober Grid App downloaded from Apple’s App Store, please refer to the “Additional Terms for Apple Device Users” below which apply to you and are hereby incorporated into this Agreement as between you and Sober Grid.
12. VIOLATIONS; TERMINATION. You agree that Sober Grid, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate your User Account or your use of the Sober Grid Service or any portion thereof and remove and discard all or any part of your User Account or any of your User Submissions, at any time. You agree that any termination of your access to the Sober Grid Service or any User Account you may have or portion thereof may be effected without prior notice, and you agree that Sober Grid will not be liable to you or any third-party for any such termination. Sober Grid does not permit copyright infringing activities on the Sober Grid Service, and reserves the right to terminate access to the Sober Grid Service, and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Sober Grid Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Sober Grid may have at law or in equity.
13. DISCLAIMERS; NO WARRANTIES.
A. THE SOBER GRID SERVICE AND ANY THIRD-PARTY SOFTWARE, SERVICE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOBER GRID SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SOBER GRID, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
B. SOBER GRID AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOBER GRID SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOBER GRID SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C. SOBER GRID AND ITS SUPPLIERS, LICENSORS, AND PARTNERS (INCLUDING SOBER GRID’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THIRD PARTY SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SOBER GRID OR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE SOBER GRID SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SOBER GRID SERVICE AT YOUR OWN DISCRETION AND RISK.
D. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
E. THE SOBER GRID SERVICE MAY CONTAIN GENERAL INFORMATION RELATING TO SUBSTANCE ABUSE AND ALCOHOL ADDICTION AS WELL AS VARIOUS OTHER MEDICAL CONDITIONS AND TREATMENTS. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT ON THE SOBER GRID SITE AND SOBER GRID APP, WHETHER PROVIDED BY SOBER GRID OR A USER OF THE SOBER GRID SERVICE, IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY CONTENT RELATING TO MEDICAL CONDITIONS AND THEIR TREATMENT IS NOT MEANT TO BE A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, OR BY A SOCIAL WORKER, PSYCHOLOGIST OR OTHER MENTAL HEALTH PROVIDER. YOU SHOULD NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS ON THE SOBER GRID SITE OR IN THE SOBER GRID APP. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. SOBER GRID IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE, AND THE INFORMATION PROVIDED IS NOT INTENDED TO REPLACE MEDICAL ADVICE OFFERED BY A PHYSICIAN OR OTHER MEDICAL OR HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. YOU SHOULD NOT CONSTRUE ANY CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT.
14. INDEMNIFICATION; HOLD HARMLESS. You agree to indemnify, defend, and hold Sober Grid (and its affiliated companies, contractors, employees, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of any location information or the Sober Grid Service generally, (ii) any violation of the rights of any other person or entity by you, (iii) any breach or violation by you of this Agreement, or (iv) your use the Sober Grid Service to meet another User in-person or to locate and attend any offline place or event. Sober Grid reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
15. LIMITATION OF LIABILITY AND DAMAGES.
A. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SOBER GRID (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF SOBER GRID OR A SOBER GRID AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 15 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
B. IN NO EVENT SHALL SOBER GRID’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, OR THIRD-PARTY PARTNERS’, LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED (I) THE AMOUNTS PAID BY YOU FOR ACCESSING THE SOBER GRID SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR (II) FIFTY U.S. DOLLARS, WHICHEVER IS GREATER.
C. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT SOBER GRID’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
16. BENEFIT OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT SOBER GRID HAS OFFERED THE SOBER GRID SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SOBER GRID, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SOBER GRID. SOBER GRID WOULD NOT BE ABLE TO PROVIDE THE SOBER GRID SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
17. RELEASE. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (i) any interactions with, or act or omission of, or User Submissions provided by, other Users of the Sober Grid Service, or (ii) any third party site, products, services, and links included on or accessed through the Sober Grid Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
18. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE.
A. It is Sober Grid’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Sober Grid will promptly terminate without notice the accounts of Users that are determined by Sober Grid to be “repeat infringers.” A repeat infringer is a User who has been notified by Sober Grid of infringing activity violations at least twice and/or who has had a User Submission removed from the Sober Grid Service at least twice.
B. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Sober Grid Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing appropriate written notice to Sober Grid’s Designated Copyright Agent.
C. Contact information for Sober Grid’s Designated Agent to receive copyright infringement notifications can be found online at the US Copyright Office’s website in its DMCA Designated Agent Directory.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
19. PAYMENTS; FINAL SALE.
A. Any and all payments made to Sober Grid for any products or services purchased through the Store on the Sober Grid Site are final and all charges are nonrefundable.
B. We reserve the right at any time to charge fees for access to portions of the Sober Grid Service, including the Sober Grid App, your User Account, or otherwise.
A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.
B. Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the Sober Grid Service shall be filed only in the state or federal courts in and for Suffolk County, Massachusetts and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent Sober Grid from seeking injunctive relief in a court of competent jurisdiction.
i. If a dispute arises between you and Sober Grid, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Sober Grid regarding the Sober Grid Service by emailing firstname.lastname@example.org, Subject: Arbitration.
ii. You and Sober Grid agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or the Sober Grid Service (a “claim”) in accordance with this Section 20. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. All claims between you and Sober Grid must be resolved in accordance with this Section 20. All claims filed or brought contrary to this Section 20 shall be considered improperly filed.
D. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
E. Notices. Sober Grid may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Sober Grid Service. You must provide notice to Sober Grid by email or regular mail using the information in Section 22 below.
F. Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you. Sober Grid may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party. You hereby acknowledge and agree that if another company acquires Sober Grid or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your User Submissions and you agree to such transfer without further action or confirmation.
G. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Sober Grid Service.
H. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Sober Grid, or by a change to this Agreement or the Guidelines.
I. Claims. YOU AND SOBER GRID AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOBER GRID SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21. ADDITIONAL TERMS FOR APPLE DEVICE USERS.
The following additional terms and conditions govern your use of the Sober Grid App downloaded by you via the Apple App Store and designed to operate on any device you own or control which runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that this Agreement is between you and Sober Grid, and not Apple, Inc. (“Apple”) and that Sober Grid, and not Apple, is solely responsible for the Sober Grid App and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.
A. Scope of License. Without limiting the other terms and conditions of this Agreement, you may only use the Sober Grid App on your Apple Device and as permitted by the Usage Rules set forth in the App Store Terms of Service.
B. Maintenance and Support: Sober Grid is solely responsible for providing any maintenance and support services with respect to the Sober Grid App, as specified in this Agreement, or as required under applicable law. Sober Grid and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sober Grid App.
C. Warranty: The Sober Grid App is provided subject to the “Disclaimers; No Warranties” and “Limitation of Liability and Damages” sections above. If any warranty is imposed by law in respect of the Sober Grid App and not effectively disclaimed by those sections, then in the event of any failure of the Sober Grid App to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the Sober Grid App; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sober Grid App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be Sober Grid’s sole responsibility.
D. Product Claims: You acknowledge that Sober Grid, not Apple, is responsible for addressing any claim you or any third-party may have relating to the Sober Grid App or your possession and/or use of the Sober Grid App, including but not limited to: (i) product liability claims; (ii) any claim that the Sober Grid App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
E. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Sober Grid App or your possession and/or use of the Sober Grid App infringes that third-party’s intellectual property rights, Sober Grid, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
F. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.
G. Developer Name and Address: Any questions, comments, complaints or claims relating to the Sober Grid App and/or your use of the Sober Grid App must be directed to: Sober Grid, Inc., 14 Tyler Street, 3rd Floor, Somerville, MA 02143.
H. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Sober Grid Service.
I. Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, Apple will have the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
22. CONTACT INFORMATION.
Sober Grid welcomes your comments or questions regarding these Terms of Service. Please contact us by using the following information:
Mailing Address: Sober Grid, Inc., 14 Tyler Street, 3rd Floor, Somerville, MA 02143