Terms Of Use

Terms and Conditions of Use

These terms and conditions of use, as changed or replaced from time to time ("Terms and Conditions") constitute a legal agreement between you and SoberMart, ("SoberMart").

By using this Web Site (including, without limitation, linking to or bookmarking any page that is part of this Web Site) you agree to be bound by the Terms and Conditions, and by all applicable laws and regulations. If you do not accept the Terms and Conditions, you must exit from this Web Site immediately.

Content and Revisions

The content of this Web Site, including the text, graphics, images, and other material contained on this Web Site, are provided for general information purposes only. While SoberMart uses reasonable efforts to ensure all information on this Web Site is accurate and current, your use of this Web Site is at your own risk.

SoberMart reserves the right to change or discontinue any aspect of this Web Site, including the Terms and Conditions, without notice. We recommend that you review the Terms and Conditions each time you access this Web Site. Your continued use of this Web Site will confirm your acceptance to be bound by any new terms or conditions.

Limitation of Liability

SOBERMART, ITS PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS AND SHAREHOLDERS (COLLECTIVELY, THE "SOBERMART ENTITIES") ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU SUFFER, OR ANY PARTY CLAIMING THROUGH OR UNDER YOU, AS A RESULT OF OR RELATED TO USE, MISUSE OR INABILITY TO USE THIS WEB SITE INCLUDING, BUT NOT LIMITED TO:

the performance of the Internet;
the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred;
loss or damage resulting from delays, computer viruses or interruption of this Web Site, including deletion or failure to store messages, regardless of cause;
loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet; and
any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business interruption or loss of data, revenue or lost profit, resulting from or relating in any way to use of this Web Site even if the SoberMart Entities have been advised of the possibility of such damages.

This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.

Disclaimer

WITHOUT LIMITING THE FOREGOING, THIS WEB SITE AND ITS CONTENT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND SOBERMART, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. SOBERMART EXPLICITLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, UNINTERRUPTED OR ERROR-FREE SERVICE, OR INTER-OPERABILITY OF PRODUCTS AND SERVICES, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, STATUTE, OR OTHERWISE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THIS WEB SITE IS AT YOUR OWN RISK.

Use of Information

You agree not to use any information on this Web Site or linked to this Web Site in any claims, proceedings, suits or actions against SoberMart Entities.

Monitoring

SoberMart is under no obligation to monitor this Web Site and assumes no responsibility or liability for content changed without SoberMarts consent.

Privacy and Consent

We recommend that you read SoberMarts Privacy Policy.

This Web Site does not collect any personally identifying information about you except when specifically and knowingly provided by you. However, you agree that SoberMart may disclose any such information to third parties if SoberMart believes in good faith that such release is reasonably necessary to ensure adherence to or enforce the Terms and Conditions, satisfy any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others. Otherwise, such information will not be transferred to any other party unless otherwise stated at the time of collection.

SoberMart may use IP addresses (which are not linked to personally identifiable information) to analyze trends, administer this Web Site, track individual user's movements and gather broad demographic information for aggregate use.

You authorize SoberMart to collect and retain all relevant information relating to your use of this Web Site. You further authorize any third party to provide SoberMart with such information. You agree that SoberMart bears no responsibility for any actions or policies of third-party content providers, third-party service providers or other parties.

Links to Other Sites

This Web Site may contain links to sites and servers maintained by third parties over which SoberMart has no control. These sites are independent from SoberMart and the links have been provided solely for the convenience of users of this Web Site. SoberMart does not endorse, control or make any representations, warranties or conditions concerning their content or links.

It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which you should locate and review.

Intellectual Property

Any use of the content of this Web Site that is not expressly permitted by the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trade-mark or other laws. All rights not expressly granted herein are reserved.

You should assume everything you see or read on this site is copyrighted unless otherwise noted. You are free to use the content for personal, non-commercial purposes provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content.

You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the content of this Web Site. You require SoberMarts written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.

Trademarks

Certain names, words, titles, phrases, logos, icons, graphics or designs appearing on this Web Site may constitute registered or unregistered trade-marks, trade-names or service marks of SoberMart, or be used under license by SoberMart. The appearance of such trade-marks, trade-names and service marks in the Content does not convey any rights to you to use them. Title remains with SoberMart or its licensors.

Viruses and Internet Security

SoberMart cannot and does not guarantee nor warrant that files available for downloading through this Web Site will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties.

SoberMart assumes no responsibility or liability for any damage in connection with your access to or use of this Web Site or your downloading of any data, text, images, files or other materials from the site.

You acknowledge that when using this Web Site, information will be transmitted over a medium that is beyond the control and jurisdiction of SoberMart. Accordingly, SoberMart assumes no liability for the delay, failure, interruption, or corruption of any data transmitted in connection with this Web Site.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SOBERMART ENTITIES FROM ALL DEMANDS, CLAIMS, LIABILITIES, COSTS, EXPENSES AND DAMAGES, INCLUDING LEGAL FEES, RELATED TO ANY VIOLATION OF THE TERMS AND CONDITIONS BY YOU, OR IN CONNECTION WITH YOUR USE OF THIS WEB SITE, WITHOUT LIMITATION.

Governing Laws

The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement.

If you access this Web Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

General

The Terms and Conditions represent the entire agreement between SoberMart and you concerning the use of this Web Site and its content.

SoberMarts failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any other provision or right.

In the event that any portion of the Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the Terms and Conditions shall remain in full force and effect.

Contact Information

For questions about the foregoing or permissions regarding SoberMarts intellectual property, please contact SoberMart at: info@sobermart.com