WELCOME TO MYSOBERROOMMATE!
WHAT WE DO:
We provide members with a platform to search and connect with people looking for sober roommates. This service is provided “AS IS.” WE DO NOT SCREEN POSTINGS OR INDEPENDENTLY VERIFY THE INFORMATION MEMBERS POST ON THE SITE. YOU ASSUME ALL RISK WHEN USING THE SITE, including but not limited to all of the risks associated with any interactions with others, including any roommates with whom you may choose to live. We make no guarantees that you will find a suitable roommate through use of the site, or that the individuals who use the site are or will remain clean and sober.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to the site, its completeness, accuracy, availability, timeliness, propriety, security, or reliability; (2) your access and use are at your own risk, and the site is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) member content; (b) member conduct, e.g. illegal conduct; (c) your use of the site; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, AND EMPLOYEES (MSR ENTITIES) DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) MSR ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE LESSER OF $100 OR WHAT YOU PAID US IN THE PAST YEAR.
You agree that we may moderate access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
1. AGE: Please be aware that the site may contain adult or mature content, and the site is intended solely for use and access by persons age 18 and older. By accessing the site, you certify that you are at least 18 years of age.
2. SOBRIETY: The site is intended solely for use and access by persons who are committed to living a clean and sober lifestyle. By accessing the site, you certify that you abstain from consuming or otherwise using alcohol, narcotics, and other drugs except those used as prescribed by a medical professional.
3. HONESTY AND ACCURACY: By accessing and using the site, you certify that all of the information you provide is honest, complete, and accurate.
4. PAID FEATURES: Basic membership on MySoberRoommate.com is free. However, should you decide to use any of the site's paid features, you are responsible for paying the applicable fees. Fees are in US dollars. Should you fail to comply with any TOUs, or otherwise misuse the site, we reserve the right to cancel your membership without any refund. To the extent permitted by law, fees are nonrefundable, even for accounts we close due to misuse.
5. USE: If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access the site in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from the site, excluding content you create and share with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the site, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect members' personal and/or contact information.
6. CLAIMS: You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your use of the site is governed by California ("CA") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Los Angeles, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against MSR Entities; (6) (except government agencies) to indemnify MSR Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your MSR use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.