SoberShelter.com User Agreement Sober Shelter, Inc.
Terms and Conditions of Use & Privacy Policy
SoberShelter.com Terms and Conditions
By using or accessing SoberShelter.com (referred to herein as the "Site") you acknowledge that you agree to and are subject to the following terms and conditions (the "Terms") as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorized to access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Sober Shelter, Inc. ("Sober Shelter", "we", "us" or "our"). You are not authorized to use this Site unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement or contract providing additional terms and conditions of such user’s use of this Site and incorporating these Terms by reference.
The Site is a Venue and We are Not a Party to any Sober Housing Rental Transaction.
1.1. We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a sober house or using sober housing services. We do not own or manage, nor can we contract for, any sober housing property listed on the Site. Instead, the Site acts as a venue to allow sober house owners and operators who advertise on our Site (each, a "member") to offer sober housing services in a variety of pricing formats, a specific property to potential renters (each, a "resident" and, collectively with a member, the "users"). We are not involved in any transaction between residents and members.As a result, any part of an actual or potential transaction between a resident and a member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of members provide sober housing servicesor the ability of residents to pay for sober housing services are solely the responsibility of each user.
1.2. We are also not responsible for the condition of the sober housing properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any sober house property in any jurisdiction.
Limited License to Use the Site.
2.1. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
Unauthorized Uses of the Site.
3.1. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing sober housing services or other services that compete with us.
3.2. Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
Any commercial use (other than by members with a valid subscription) of the Site or any content on the Site;
Any use of the Site or the tools and services on the Site for the purpose of soliciting a rental for a property other than a property listed under a valid subscription;
Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
Reverse engineer any part of the Site;
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
Use the Site and its inquiry functionality other than to advertise and/or research sober houses and to make legitimate inquiries to our members;
Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to info@SoberShelter.com.
Proprietary Rights and Downloading of Information from the Site.
4.1. The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
Your E-mail Address and Our Privacy Policy; Data Transmittal.
5.1. When you provide your e-mail address to us in connection with any service or tool provided on the Site, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or its affiliated websites. You are welcome to opt not to receive such promotional e-mails from the Site or its affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of an agreement with our Privacy Policy.
5.2. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
Identity Verification.
6.1. User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We encourage you to communicate directly with a resident or member through the tools available on the Site.
6.2. You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
6.3. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.
Limitations on Communications and Use of Other Users’ Information; No Spam.
7.1. You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
7.2. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has acquired sober housing services from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool orservice provided on the Site.
Responsibility for User-Contributed Content.
8.1. We have no duty to pre-screen content posted on the Site by members, residents or other users (collectively, "user-contributed content") and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our content requirements or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. We further reserve the right to edit user contributed content for the purpose of causing it to adhere to our content requirements.
8.2. All sober house listings on the Site are submitted by the member (who may be the owner or a property manager or agent of the owner) and are the sole responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on a member's part. Members are solely responsible for keeping their sober house information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability. We do not represent or warrant that any of the copy, content, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective residents have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions, and residents are solely responsible for verifying the accuracy of such descriptions.
8.3. We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
Notification of Infringement.
9.1. We respect the intellectual property rights of others, and Sober Shelter, Inc does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. Sober Shelter, Inc will terminate, in appropriate circumstances, a member or resident who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please contact us at info@sobershelter.com.
Unsolicited Ideas and Feedback.
10.1. Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.
If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Sober Shelter, Inc, without any compensation to you; (2) Sober Shelter, Inc may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Sober Shelter, Inc to review any submission; and (4) there is no obligation to keep any submission confidential.
10.2. Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the form found at http://www.sobershelter.com/contactus.php, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
Links to Third Party Sites.
11.1. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Limitation of Liability.
12.1. IN NO EVENT WILL THE SITE, OUR PARENT (Sober Shelter, Inc.), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE "Sober Shelter GROUP") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
12.2. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE SOBER SHELTER GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
Disclaimers.
13.1. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.2. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING SOBER HOUSE LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
13.3. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
Release; Indemnification.
14.1. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE SOBER SHELTER GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
14.2. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF THE SOBER SHELTER GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Choice of Law and Forum; Time Limit.
15.1. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN ORANGE COUNTY, CALIFORNIA WHICH YOU ACKNOWLEDGE AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
15.2. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN ORANGE COUNTY, CALIFORNIA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
GENERAL
16.1. No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
16.2. Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to info@sobershelter.com or by postal mail to:
Sober Shelter, Inc.
Attn: Corporate Executive Officer
P.O. Box 6626
Huntington Beach, CA 92615-6626
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.
16.3. Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.
This version of the Terms became effective on November 25, 2010. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a resident is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.
We also reserve the right, in our sole discretion and from time to time, to offer special programs with unique terms and conditions that are separate from and may supersede in certain respects these Terms the applicability of which to your use of the Site is governed by the terms and conditions of such special program.
Subscription rates in effect at the time of a member’s subscription are subject to change without notice at the member’s next subscription renewal or with respect to any additional subscription.
16.4. Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
16.5. Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
16.6. Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
16.7. Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Additional Terms and Conditions Applicable to Our Members
In addition to being bound by the terms set forth above, members who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
Member Eligibility; Accuracy of Information.
18.1. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly log into their owner account and update information as it changes. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the sober house listed on the Site, and proof of authority to list the sober house as we may request.
Content, Layout and Copy.
19.1. All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. Members are responsible for reviewing and ensuring that any content submitted to the Site is displayed as the member intended.
Photographs.
20.1 All printed (paper based) photographs submitted by a member will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
20.2. Photographs in listings should depict the sober house as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
20.3. By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the SOBER SHELTER Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
20.4. It is the member’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
Copyright Grant
21.1. By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site and the members of the Sober Shelter Group the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member agrees to indemnify and hold harmless the Site and any member of the Sober Shelter Group against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.
21.2. Further, each member agrees that we may reproduce in whole or in part any material, including photographs, supplied by such member in the promotion of either such member’s property or the promotion of the Site.
Hypertext Links.
22.1. We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
Substitution of Properties; Advertising More Than One Property; Property Managers.
23.1. Each advertisement must relate to an individual and uniquely identified sober house. This means that:
The sober house in an advertisement may not be substituted for another sober house. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
The listing specifically cannot be a mere example of sober houses in a given area. Only one sober house can appear on each advertisement, unless it is a sober house with multiple units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
Operators Please Read: Members who manage five or more properties should contact Sober Shelterat (657) 464-9973 or by e-mail at jeff@sobershelter.com to discuss the packages that may best suit their needs. All other subscription listing packages require one subscription per listing (one subscription per property). Contact Sober Shelter for Property Managers for additional information.
Unauthorized Payment Methods; Subscription Payments; Auto Renewal
24.1 Payments between members and residents: We are not a party to any payment transaction between members and residents.
24.2 Payments for subscriptions: Payment for subscription listings must be made to us in U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.
24.3 Automatic Renewal: As of November 25, 2010, for any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. If such subscription may be purchased by check or another form of payment other than by credit card, such subscription shall not be automatically renewed. Automatic renewal applies to all subscriptions purchased by credit card on or after November 25, 2010 and all subscriptions in force as of such date if we contact the member to obtain the credit card information in order to facilitate automatic renewal. This automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to cancel you must contact Customer Support at:http://www.sobershelter.com/contactus.php, at any time prior to expiration of the then current term. Upon any such cancellation, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then current term. If your subscription is cancelled at the end of your then current subscription term for any reason and you thereafter desire to renew your subscription, you will be required to pay the then current non-promotional subscription rate to activate a new subscription. If you do not cancel your subscription and you continue to use our subscription service, you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. If you wish to change your credit card to be charged or if your credit card information otherwise changes, you agree to call Customer Support to provide the new or different credit card information at (657) 464-9973.
Legal Requirements Applicable to Sober Houses.
25.1. You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any sober house you list on the Site. We assume no responsibility for your compliance. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
Refund Requests and Termination or Transfer of Listings.
26.1. Refund Requests: All listings are sold to run the full term that is chosen by the member. Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support by sending your request at http://www.sobershelter.com/contactus.phpand include your listing number, and your reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
In the event you wish to remove your listing temporarily, we can inactivate the listing temporarily and reactivate such listing at a future date during your subscription term. Each listing is for the subscription term and cannot be extended during the time that the listing is inactive.
If you renew your subscription, or if your subscription automatically renews, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
26.2. Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to remove immediately such member’s property from the Site without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site, then we may immediately remove the listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the Site without notice to the member and without refund.
If any member is in breach of these Terms or its obligations to us then we may immediately remove such member’s listing from the Site without notice to the member and without refund.
26.3. Transfer of Listing: No listing may be transferred to another party, except that if a member sells the property that is listed, the member may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
Privacy Policy
We are serious about protecting the privacy of our users. This Privacy Policy describes how we use and protect your personal data. It applies to SoberShelter.com and any other websites of our affiliates where this policy is linked to in the footer of the page (each referred to herein as the “Site”). Websites of other of our affiliates may be governed by separate privacy policies and those policies will be accessible by links in the footers of such websites.
The terms “users” or “you” as used in this Privacy Policy, refer to both residents, who use the Site to look for properties to rent, and members who subscribe to the Site and list their sober housing services.
We use information collected about you only as permitted in this Privacy Policy. This is our privacy policy, but please be aware that should you follow a link to another website, you are no longer covered by this policy. Unless otherwise defined herein, the words and phrases used in this policy have the same meaning as in the Terms and Conditions of Use - available at Terms & Conditions.
By providing information to us when subscribing, sending inquiries or otherwise using this Site, you expressly agree to this Privacy Policy. This Privacy Policy was last updated on November 25, 2010.
Who processes your personal data?
Your personal data (also referred to as personal information) - that is, data that identifies you, or from which you are identifiable - will be collected, processed, stored and used by us, and passed to and processed by our subsidiaries and/or affiliated companies and other data processors acting under contract with us. Personal data contributed by or collected from users may be stored and processed in the United States or any other country in which we or our affiliates, subsidiaries or agents maintain facilities. By using our Site, you acknowledge and agree that you may be transferring your personal data outside of the country in which you have contributed it, and that you consent to any such transfer of information outside of your country. These countries may not have similar data protection laws to those that apply in your country. However, if we transfer your personal data outside of your country in this way, we will take reasonable steps to protect your privacy rights in compliance with applicable data protection law and this Privacy Policy.
The information we gather
At various times you may contribute your personal data to us. For example, in order to process an inquiry concerning a property, we need to know all or some of the following: your full name, address, telephone number, e-mail address, and, in the case of a member's listing, a method of payment. You may also contribute personal data to us at other times, such as when registering on the Site.
How we use your personal data
Our primary purpose in collecting your personal data is to provide you with the services you requested and those which we believe will optimize your use of our Site. You agree that we may use for personal data for the following purposes:
for the services or support you request;
to contact you from time to time with critical user or service updates or other information important for our services;
to customize, measure and improve our services, content and advertising;
to promote the services or special offers or promotions related to our Site and services or those of our subsidiaries and/or affiliates;
to compare information for accuracy, and verify it with third parties;
to prevent activity we determine to be potentially illegal; and
for the enforcement of this Privacy Policy and/or our Terms or any other purpose referenced herein or therein.
If you are a member, we will also be able to contact you about your account and your use of our services.
In order for users to benefit from some of our services, we may require personal data. Examples of such services include: Newsletters: As a member of one or more of our Sites, you will receive one or more newsletters for Owners, which is an integral part of the services we provide. We and the websites of our affiliates may offer different newsletters from time to time intended to enhance the services we or they offer. Users may cancel their subscription to these newsletters at any time. Surveys: Surveys are another method by which we gather information about our users. From time to time, we request users' input in order to evaluate potential features and services. The decision to answer a survey is completely yours. We use information gathered from surveys to improve our services. Inquiries: Residents may send inquiries to members via the listings on our Site. If you choose to send an inquiry through these links, your personal information, including your e-mail address and any other information you supply, will be visible to the member in question so that they might reply directly to you. If you call the member, you may be asked to leave a return telephone number. Do not share information in the e-mail or phone call that you are not prepared to allow them to have, including, but not limited to, credit card and bank account information. These inquiries are both sent to the individual member you selected and to our system. The resulting inquiry is available for review only by the member to whom they were initially addressed and to our customer service employees, who may be asked by members for their past inquiry information. While the content of these inquiries is not shared with any other party, we may, from time to time, use third party e-mail servers to send and track receipt of the inquiry e-mails, and analyze the pattern of inquiry usage reported by these third party tracking systems.
Caution About Phishing or False E-mails
If you receive an unsolicited e-mail that appears to be from us or one of our members that requests personal information (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that e-mail was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a "phisher" or "spoofer." We do not ask for this type of information in an e-mail. Do not provide the information or click on the link. Note that if you clicked on a link in such an e-mail, this would not compromise your account or information that you provided to the Site. However, the sender of such an email would be able to obtain your information if you provided it to them in the link or by a return e-mail.
How We May Disclose Your Personal Data to Third Parties
We may disclose your personal data to respond to legal requirements, enforce our policies, or respond to claims that a listing or other content violates the right of others. In all cases, such information will be disclosed in accordance with applicable laws and regulations.
We may also share your information with:
one of our partners, but only if you've requested their services or to be notified by them;
a third party performing services on our behalf and has agreed to keep such information confidential (such as the processing of your credit card payment or the conduct of an online survey, for example);
our subsidiaries and/or affiliates, but only in accordance with this Privacy Policy;
legal or government officials in response to a verified request relating to a criminal investigation, alleged illegal activity or other governmental request, provided that we will require a court order, subpoena or similar legal procedure except when we believe in good faith that disclosure of information is necessary to prevent imminent physical harm, financial loss or to report suspected illegal activity;
other companies or business entities, in the event we are merged with or acquired by such company or business entity.
How Do We Protect Your Personal Information Once We Have It?
We take appropriate technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no system is completely secure, we believe the measures implemented by our site reduce the likelihood of security problems to a level appropriate to the type of data involved. We have security measures in place to protect our user database and access to this database is restricted internally.
However, it remains each user's responsibility:
to protect against unauthorized access to your use of the Site;
to ensure no-one else uses the Site while the user's machine is "logged on" to the Site service;
to log off or exit from Site when not using it; and
where relevant, to keep his/her password or other access information secret.
All personal information submitted to us is stored on a secure server. We do not store credit card numbers or related identifying information on any Site server. All such information is stored by our credit card processing partner(s), who are obligated to store such information using secure methods. We also use third parties to help us optimize our Site flow, content and advertising (see below). All of our partners are under contract with us and they are obligated to keep your information confidential.
Despite the measures taken by us that the third parties we contract with, third parties may nevertheless unlawfully intercept or access private transmissions or data. Therefore, we cannot promise and you should not expect that your personal information and private communications will always be kept confidential.
How do we use Cookies and Pixel Tags?
Some of the pages on our Site use a feature of your browser called a "cookie," which is a small file placed on your hard drive by certain of our web pages. Cookies, by themselves, are not able to extract personal identification information from you. A cookie identifies your computer, but not you, when you visit the Site. We or third parties under contract with us may use cookies or pixel tags (which serve many of the same purposes as cookies) to help us analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety. Cookies allow us to personalize our site for you and to provide you with information that will help optimize your experience of the Site. Cookies are commonly used at most major websites in much the same way we use them here at our Site.
How do I correct or update my information?
We allow our users the option to change or modify information previously provided. This may be done through the following methods:
follow the instructions included in each communication or newsletter
How long will we keep your personal data?
We will retain your personal data only as long as is necessary for the purposes to which you consent under the Terms and Conditions and this Privacy Policy, or as is required by applicable law, and then we will delete it.
How do I contact you?
If you have any questions about this Privacy Policy, the practices of the Site or your dealings with the Site, we encourage you to contact us through email at info@sobershelter.com or by accessing http://www.sobershelter.com/contactus.php.
