Promotional Terms and Conditions
By signing up for web services on SoberLivingReviews.com, as further described herein (“Web Services”), you, on behalf of the sober living or entity to which the Web Services are to be provided (hereinafter “you” or “your”) agree to be bound by and comply with these terms and conditions (the “Promotional Terms”). These Promotional Terms constitute an agreement between you and SoberLivingReviews.com LLC., a Delaware corporation (“SLR”). Please do not sign up for the Web Services if you do not agree to be bound by and comply with these Promotional Terms.
By agreeing to these Promotional Terms, you represent and warrant that you have full legal power and authority to enter into these Promotional Terms, perform the obligations hereunder, and authorize any fee payments.
1. Web Services
Subject to your compliance with these Promotional Terms, SLR will provide the Web Services that you request in the web-based SoberLivingReviews.com Web Services purchase flow (the “Check Out Form”), pursuant to these Promotional Terms. The requested Web Services are indicated on the Check Out Form and includes, but are not limited to, SLR Web Services.
The Web Services causes the listing for your Sober Living on SoberLivingReviews.com (the “Listing”) to receive priority placement on one or more of SLR’s search results, pages, or media properties, including SLR’s mobile applications (collectively, the “Site”), as further described in the Check Out Form. Ranking amongst other sponsored listings is determined by quantity of ratings for each listing. With SLR’s Web Services, SLR delivers a variable and unguaranteed number of listing impressions on the Site to promote your Sober Living. The number of delivered listing impressions and visitors to the Web Page for your Sober Living is determined by visitors to the Site.
Web Services, may also include but are not limited to Advertising Bed Availability, and a 12-Image Gallery; all are further described on the Check Out Form.
During the Term, you agree to pay the fees, if any, for the Web Services as specified on your Check Out Form. You are also responsible for any additional taxes and government charges, if any. Unpaid amounts or errors may be billed by SLR on subsequent dates. If your payment method fails or your account is past due, SLR may collect past due amounts using other collection mechanisms, and you agree to pay all expenses associated with such collection, including reasonable attorneys’ fees.
IF YOU PROVIDE SLR WITH CREDIT CARD, DEBIT CARD, OR BANK ACCOUNT INFORMATION, YOU AUTHORIZE SLR TO USE SUCH PAYMENT METHOD TO AUTOMATICALLY CHARGE YOU ON A RECURRING BASIS TO COLLECT ALL FEES DUE HEREUNDER. PAY-PER-CLICK FEES ARE PROCESSED MONTHLY. YOU REPRESENT THAT YOU ARE AUTHORIZED TO INCUR SUCH CHARGES AND PAY FOR THEM USING THE PAYMENT METHOD YOU PROVIDE. YOU MAY NOT SUBSTITUTE A DIFFERENT FORM OF PAYMENT UNLESS ALL AMOUNTS DUE HEREUNDER HAVE BEEN PAID IN FULL OR UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING.
RECOGNIZING THE UP-FRONT SALES, SETUP, DEVELOPMENT, AND OPPORTUNITY COSTS THAT SLR BEARS IN CONNECTION WITH THE WEB SERVICES, AS WELL AS OTHER DAMAGES THAT BEAR A REASONABLE RELATIONSHIP TO THE RANGE OF ACTUAL DAMAGES THAT, AS OF THE EFFECTIVE DATE, YOU AND SLR ANTICIPATE WOULD FLOW FROM AN EARLY TERMINATION BY YOU, AND THE DISCOUNTED PRICING OFFERED BY SLR IN EXCHANGE FOR YOUR COMMITMENT TO PURCHASE THE WEB SERVICES FOR THE PERIOD SET OUT IN THE CHECK OUT FORM, YOU AGREE TO PAY THE EARLY TERMINATION FEE SET FORTH IN THE CHECK OUT FORM, IF ANY, IF YOU TERMINATE THE WEB SERVICES AFTER THE EFFECTIVE DATE AND BEFORE THE END OF THE COMMITMENT PERIOD, IF ANY, TO WHICH YOU AGREED IN THE CHECK OUT FORM.
3. Operator Content
Some Web Services may incorporate content from users of the Site, such as excerpts from user reviews. To the extent you provide content for your Web Services, or instruct one of SLR’s representatives to provide content on your behalf, you warrant that the content will (a) be true and correct, (b) not violate the rights of SLR or any third party, (c) comply with SLR’s content guidelines, and (d) otherwise comply with the law, including, for example, laws relating to sweepstakes and promotions. SLR reserves the right to reject, remove, or alter any content at SLR’s sole discretion to conform to its technical specifications and content guidelines, or applicable law.
4. Information About and Use of the Site
The Site allows users to post ratings and reviews about sober living homes like yours. Purchasing the Web Services does not impact ratings or reviews. Finally, your use of the Site, including any use by someone else acting on your instructions, is governed by the Site’s Terms of Service.
5. Term and Termination
The Promotional Terms begin once you sign up via the web-based Check Out Form by clicking the Check Out button or a similar button that indicates your intention to use the Web Services, and, unless terminated earlier as provided herein, end on the last date that SLR provides you the Web Services ordered under these Promotional Terms. Web Services automatically renew for monthly periods after the end of the commitment period specified in the Check Out Form, if any, unless terminated as provided herein.
You may terminate the Web Services at any time by providing written notice via email to firstname.lastname@example.org, and such termination will become effective (i) immediately in the case of pay-per-click Web Services or, (ii) in the case of Term-based Web Services, at the end of the Commitment Period, or any renewal period, by providing written notice on or before the 15th day of the month in order for the Term-based Web Services to terminate at the end of that month. If you provide written notice of termination after the 15th day of the month, then Term-based Web Services will terminate at the end of the following month. All Web Services will continue until termination. If you terminate your Web Services prior to the end of the commitment period specified in the Check Out Form, if any, you agree to pay the Early Termination Fee specified in the Check Out Form, and you authorize SoberLivingReviews.com to charge the credit card on file in your account to collect that fee and any other amounts due hereunder.
SoberLivingReviews.com may terminate your Web Services at any time for any or no reason, effective immediately, by ceasing to provide the Web Services to you. In the event of such termination, SLR may charge the credit card on file all unpaid but accrued fees through the date of termination, and SLR will reimburse any fees that were prepaid for Web Services that were to be rendered after the date of such termination.
6. Representations and Responsibilities
You represent that you (a) are at least 18 years of age, (b) have the power and authority to enter into the Promotional Terms on behalf of the sober living or entity for which the Web Services are to be provided, (c) your use of the Site will not violate the advertising restrictions of any regulatory agency, and (d) you are registered for sales and use tax collection purposes in all states in which your goods and services will be provided. You further represent and warrant to SLR that you will not, and will not authorize or induce any other party, to: (x) generate automated, fraudulent, or otherwise invalid inquiries, conversions, or other actions; (y) use any automated means or form of scraping or data extraction to access, query or otherwise collect SLR content and reviews from the Site, except as expressly permitted by SLR or; (z) use any SLR trademarks in any manner without SLR’s prior written consent. All rights not expressly granted to you hereunder are reserved by SLR.
7. SLR’S DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE WEB SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. SLR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE WEB SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, SLR SPECIFICALLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING (I) THE PERFORMANCE, QUALITY, AND RESULTS OF THE WEB SERVICES, INCLUDING LISTING IMPRESSIONS, LISTING CLICK RATES, PHONE CALLS, WEBSITE CONVERSIONS, AND ANY USER-GENERATED CONTENT THAT APPEARS IN THE LISTING OR ON THE SOBER LIVING WEB PAGE; (II) THE ACCURACY OF THE INFORMATION AND METRICS THAT SLR PROVIDES IN CONNECTION WITH THE SITE OR WEB SERVICES (E.G., TRAFFIC, VIEWS, VISITORS, USERS, DEMOGRAPHICS, AND BEHAVIORAL INFORMATION ABOUT VISITORS AND USERS); AND (III) THE PLACEMENT, CONTENT, PROMOTIONAL VALUE, QUALITY, TIMING, OR NUMBER OF LISTING IMPRESSIONS. SLR SHALL NOT BE LIABLE FOR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.
THIRD PARTIES MAY INADVERTENTLY OR FOR FRAUDULENT OR IMPROPER PURPOSES GENERATE AD IMPRESSIONS, USER VIEWS, CALLS, OR CLICKS (“THIRD-PARTY ACTIVITY”), WHICH MAY IMPACT THE FEES YOU PAY SLR AND THE PERCEIVED EFFECTIVENESS OF THE WEB SERVICES. YOU ACCEPT THE RISK OF THIRD-PARTY ACTIVITY WITHOUT LIABILITY TO SLR. AS SUCH, THE PARTIES AGREE THAT SLR HAS NO LIABILITY FOR CLAIMS ARISING FROM OR IN CONNECTION WITH THIRD-PARTY ACTIVITY EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, IN WHICH CASE SLR’S MAXIMUM LIABILITY AND YOUR EXCLUSIVE REMEDY IS A REFUND IN THE FORM OF REPLACEMENT WEB SERVICES ON SLR EQUAL TO THE AMOUNT OF THIRD-PARTY ACTIVITY.
FOR ALL OTHER CLAIMS ARISING FROM, RELATED TO, OR IN CONNECTION WITH A CHECK OUT FORM, THE WEB SERVICES, THE SITE, OR THE PROMOTIONAL TERMS THAT ARE NOT EXPRESSLY ADDRESSED ABOVE, SLR’S (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES) MAXIMUM AGGREGATE LIABILITY AND YOUR EXCLUSIVE AGGREGATE REMEDY IS THE TOTAL FEES PAYABLE TO SLR BY YOU HEREUNDER, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW.
NEITHER PARTY NOR ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS) ARISING FROM, RELATED TO, OR IN CONNECTION WITH A CHECK OUT FORM, THE WEB SERVICES, THE SITE, OR THE PROMOTIONAL TERMS, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION 7 SHALL APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY.
You will indemnify, defend, and hold SLR and its officers, directors, agents, and employees harmless from and against any and all claims, actions, losses, damages, liabilities, costs and expenses (including but not limited to attorneys’ fees and court costs) (collectively a “Third Party Claim”) arising out of or in connection with (i) any content, information, or instructions you provide to SLR; (ii) your use of the Web Services; (iii) any breach of representations or warranties provided under these Promotional Terms by you in Sections 3 and 6; (iv) any Promotion, including any claims for any violation by the Promotion of any law, rule, or regulation; or (v) your products or services or the provision thereof to end users. SLR will notify you promptly of any Third Party Claim for which it seeks indemnification and will permit you to control the defense of such Third Party Claim with counsel chosen by you; provided, that you will not enter into any settlement that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of SLR without SLR’s prior written consent.
9. Choice of Law and Arbitration
(a) Any claim, controversy, cause of action, or dispute arising out of, relating to, or in connection with the Promotional Terms and the Web Services (“Claim”) will be exclusively governed by the laws of the United States of America and the State of California, consistent with the Federal Arbitration Act, without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. You agree that any subpoena, third-party discovery request, or other third-party process directed by you to SLR must issue from, or be domesticated by, the state or federal courts located within Los Angeles County, California.
(b) All Claims must be exclusively and finally resolved and settled by binding arbitration administered by and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single arbitrator who is a member of the AAA. Arbitrations will be held in Los Angeles, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator’s ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, any claim that is not subject to arbitration shall be adjudicated by a state or federal court located within Los Angeles County, California (“Court”).
(c) YOU AND SLR AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND SLR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A CLAIM IMPLICATES THIS SUBSECTION (C), AND THIS SUBSECTION (C) IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
Notwithstanding anything to the contrary in these Promotional Terms, either party may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
In the event of any inconsistency between the Promotional Terms and the Terms of Service, the terms of the Promotional Terms will apply. Notices under the Promotional Terms must be in writing and sent to the parties as follows: (a) if to SLR, via registered or certified mail or commercial courier to the attention of its General Counsel at 19820 Archwood Street, Winnetka, California, 91306, and (b) if to you, via facsimile to any facsimile number you provide in connection with your use of the Site, via registered or certified mail or commercial courier to any physical address you provide in connection with your use of the Site, or via email to any email address you provide in connection with your use of the Site. The Promotional Terms embody the entire understanding between the parties respecting the subject matter herein, and supersede any and all prior related oral or written representations and agreements between the parties. The Promotional Terms may not be amended or modified except as mutually agreed upon in writing by the parties. The failure by either party to enforce any provision of these Promotional Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of such party to enforce such provision thereafter, except pursuant to a writing executed by the party against whom the waiver is sought to be enforced. You may not assign the Promotional Terms without SLR’s prior consent. SLR may freely assign or otherwise transfer its rights and obligations under these Promotional Terms, in whole or in part. If any provision of the Promotional Terms is held to be invalid or unenforceable, the parties will substitute for the affected provision a valid or enforceable provision that approximates the intent and economic effect of the affected provision. If such substitution is not possible, the provision will be severed from the Promotional Terms and the rest of the Promotional Terms shall remain in full force and effect. Sections 2, 7, 8, 9, and 10 of the Promotional Terms will survive any termination of the Web Services or these Promotional Terms.
Last updated June 18, 2023