WELCOME TO MYSOBERROOMMATE!
We hope you find it useful. MySoberRoommate.com (“the site”) is owned and operated by MySoberRoommate, Inc. (“we” or “us”). By accessing our servers, website, or content therefrom, you agree to these Terms of Use (“TOU”), last updated February 4, 2017, and to all other policies posted on the site. We may update these TOUs from time to time, without notice to you. It is your duty to comply with these TOUs and any other rules posted on the site.
WHAT WE DO:
We provide a free platform to search for and connect with people looking for sober roommates and for sober living homes. This service is provided “AS IS.” WE DO NOT SCREEN POSTINGS OR INDEPENDENTLY VERIFY THE INFORMATION THAT MEMBERS OR SOBER LIVING HOMES 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 representations about the members and sober living homes on the site, and have no involvement with any agreements you make or interactions you have with them. We are not responsible if information made available on this site is not accurate, complete, or current. We make no guarantees that you will find a suitable roommate or sober living home through use of the site, or that the individuals who use the site are or will remain clean and sober.
DISCLAIMER:
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, nd 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.
MODERATION.
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.
YOUR RESPONSIBILITIES:
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: There is a one time membership fee to use MySoberRoommate.com and if you decide to use MSR, 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 nauthorized. 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 these TOUs, 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.
MISC.
This is the exclusive and entire agreement between you and us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See our Privacy Policy for how we collect, use, and share data.
***
PRIVACY POLICY
This policy details how data about you is used when you access MySoberRoommate.com (the site) or otherwise interact with MySoberRoommate.
Protecting your privacy:
- We do not sell your personal information on the site. You decide whether and, if so, when, to do this.
- We do not sell your data to third parties for marketing purposes.
- Please review the privacy policies of any third party sites linked to from the site, including PayPal.
Data we may use to provide services:
- Data you post on or send via the site, and/or send us directly or via other sites
- Data you submit (e.g. name, address, email, phone, photos, etc.)
- Web log data (e.g. web pages viewed, access times, IP address, HTTP headers)
- Data collected via cookies (e.g. search data and “favorites” lists).
- Data about your device(s) (e.g. screen size, DOM local storage, plugins)
- Data from third parties (e.g. phone type, geo-location via IP address)
Data we store:
- We retain data as needed for our business purposes and/or as required by law.
- We make good faith efforts to store data securely, but can make no guarantees.
- You may access and update certain data about you via your account login.
Circumstances in which we may disclose member data:
- To vendors and service providers (e.g. payment processors) working on our behalf.
- To respond to subpoenas, search warrants, court orders, or other legal process.
- To protect our rights, property, or safety, or that of site members or the general public.
- With your consent (e.g. if you authorize us to share data with other members).
- In aggregate/summary form, where it cannot reasonably be used to identify you.
International members
- By accessing the site or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States.
Google Analytics/AdWords
- MySoberRoommate.com uses Google Analytics Advertising Features, which include AdWords remarketing services and DoubleClick Platform integrations to advertise on third party websites to visitors of the site Third-party vendors, including Google, use cookies to provide advertisements based on a user's past visits to various websites, including our website. This remarketing can be seen in the form of advertisements on Google search result pages. Any data collected will be used in accordance with our privacy policy and Google's privacy policy. To opt out of remarketing through Google's use of cookies, change your preferences in your Google Ads Settings. To opt out of third party vendors’ use of cookies for remarketing (also known as interest-based advertising), visit the Network Advertising Initiative Opt-Out Page. Review additional Google Analytic opt-out options at Google Analytics' Opt-Out Browser Add-On.