Welcome to SoberBud, brought to you by SoberBud.com, LLC (hereafter referred to as SoberBud). By accessing and using information and services available on the SoberBud website, you agree to be bound by the following terms of use ("Terms of Use") and our Privacy Policy. If you do not wish to be bound by these terms, you may not access or use this site in any manner.
You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Users may provide information to SoberBud via the Services or, if authorized and legal, take actions on behalf of a consumer. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only for your personal use only to (a) view, (b) print, (c) save, (d) fax, and (e) share via e-mail or social media outlets. You agree not to reproduce, sell, modify, decompile, distribute, disassemble or reverse engineer any portion of the Services without consent from SoberBud.
You agree not to modify or remove copyright or trademark notices that appear in the Services. You will not use the Services for service bureau, resale, time-sharing or other similar purposes. Further: You agree not to use the Services in any way that is unlawful, or harms SoberBud, its authors, service providers, or any other user. You agree not to use the Services in any way that breaches the SoberBud Rules or any other policy described within the Services.
For materials you provide to SoberBud or in connection with the Services (referred to as "your submission", you grant SoberBud a perpetual, irrevocable, worldwide license to (a) copy, use, distribute, publicly display, transmit, publicly perform, edit, reproduce, translate, and modify your Submission in connection with the Services and (b) sublicense these rights, to the maximum extent permitted by law. You are responsible for all actions taken through your SoberBud account.
The Services may include links to products and/or services from third party web sites. SoberBud takes no responsibility and does not endorse such products and/or services from these web sites.
Users are solely responsible for their communication with and services for other users in connection with the Service. Users agree not to use the Service in any way that breaches the Good Neighbor Policy, the SoberBud Rules, or any other code of conduct, notice or policy on the Service. Each User agrees not to use the Service in any way that is unlawful, or harms SoberBud, its service providers, suppliers or any Customer. Users will indemnify SoberBud, its officers, directors, employees, and agents from and against any and all claims, costs, demands, losses, liabilities, expenses and damages (including attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with (i) violation of these Terms of Use, or (ii) any transaction, other business, or other communication by the Users of the Service.
SoberBud may interrupt any User's participation in the Service or discontinue the Service at any time if any of the Terms of Use are not followed.
SoberBud PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SoberBud AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SoberBud AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
IN NO EVENT WILL SoberBud BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST SoberBud OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
SoberBud reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. SoberBud may discontinue or suspend the Services at any time to you and/or to others, without notice.
These Terms of Use are governed by the laws of the State of Missouri, without giving effect to its conflict of laws provisions. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. SoberBud may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. SoberBud's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and SoberBud with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and SoberBud with respect to the Services.
If you have any questions about SoberBud's Terms and Conditions, please e-mail us at [email protected].
— Updated November 2017