These Terms and Conditions were last updated on February 6, 2015.
These terms and conditions are applicable to this website (the “Site”), which is provided and operated by Global Marketing Group. (“GMG” or “we”). PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE. Access to the Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, the “Terms and Conditions”). In addition, particular features, applications and activities offered as part of the Site may also be subject to additional terms specified in connection with such features, applications and activities, all of which are incorporated herein by reference.
BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
GMG may modify, add, or delete portions of this Terms and Conditions at any time by posting the changes on this page. Your continued use of the Site after any such changes have been made means you agree to such changes. If GMG makes any material changes to the Terms and Conditions, it will indicate, at the top of this page, the date the Terms and Conditions were last revised.
These Terms and Conditions apply whether the Site is accessed via personal computer, mobile device, tablet or otherwise.
All intellectual property rights in and to the graphics, tools, text, logos, marks, data, audio, video, design, codes, layout, “look and feel” and other content that is included on the Site (“Content”) is owned by GMG or its licensors. You may access and use the Content only for your personal, non-commercial purposes. All rights with respect to the Content not expressly granted in this Section 2 are exclusively reserved to GMG or the applicable licensor.
GMG or its affiliates, partners, vendors or licensors own the trademarks, service marks and trade names used on the Site, including but not limited to: Sober Log, Soberlog, the GMG corporate logo, and the GMG design (collectively “Marks”). You shall not use any of the Marks without the prior written consent of the owner, including, without limitation, in any manner that is likely to cause confusion or that disparages or discredits GMG.
Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of Content.
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products and processes described on the Site may be unavailable or may have different attributes than those described on the Site. Information contained in any press release available on the Site was provided as of the date of that release. We assume no obligation to update any information contained in such press releases.
You shall not link to the Site without prior permission. To request permission, you may contact GMG at the email address provided at the end of the Terms and Conditions.
You may be required to create an account in order to have access to all of the parts of the Site, to use certain features made available on the Site or to purchase products through the Site. In consideration of your use of the Site, you shall (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GMG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GMG has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Please protect your password.
You may terminate your account at any time by sending an email to GMG at admin@soberlog.com. GMG will have the right to terminate your account at any time for any reason with or without further notice to you. You are liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Site in the event that (a) you violate these Terms and Conditions or we believe that you may have done so or may intend to do so, (b) we are unable to verify or authenticate any information you provide to us or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
You shall defend, indemnify, and hold harmless GMG, its officers, directors, employees, agents, and affiliates from (a) your use of or access of the Site, (b) your violation of any of these Terms and Conditions and/or (c) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to your use of the Site.
THE SITE AND ALL OF THE CONTENT AND FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GMG DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GMG DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SITE OR THE CONTENT IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GMG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF GMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL GMG’S (OR ITS OFFICERS’ DIRECTORS’ EMPLOYEES’, AGENTS’ OR AFFILIATES’) AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WARRANTY OR OTHERWISE, EXCEED $100.
The Site may contain links to other websites on the Internet that are owned and operated by third parties (“Third-Party Sites”). Third-Party Sites have their own privacy and data collection practices. GMG has no responsibility or liability for Third-Party Sites or their privacy practices or content. Links to third-Party Sites are provided only for your convenience and you access Third-Party Sites at your own risk. Links do not imply that GMG sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted material displayed on or accessible through such Third-Party Sites.
These Terms and Conditions will be governed by and interpreted in all respects in accordance with the substantive laws of the State of New York, without regard to its choice of law provisions. Except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms and Conditions or the Site will be resolved exclusively in the state or federal courts located in New York, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties hereunder to any party at any time.
We make no representation that the contents of any Site are appropriate or available for use in locations outside of United States of America. Access to the Site from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export any Content in violation of U.S. export laws and regulations.
These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of these Terms and Conditions is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
To contact GMG with any questions or concerns in connection with these Terms and Conditions, or to provide any notices under these Terms and Conditions, please email us at admin@sober.com.
© Global Marketing Group 2015. ALL RIGHTS RESERVED.