Terms of Service
Date of Last Revision: 2/23/2018
Somabar, Inc. and its affiliates (collectively, “Somabar”) provide the Somabar website that may be accessed at www.somabar.com (“Site”) and Somabar mobile applications (“Apps”), for use in conjunction with Somabar automatic bartending devices (“Devices”) and in other ways that Somabar provides. The term “Services” means the Site and Apps.
These Terms of Service (“Terms”) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITE), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR DEVICES FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES OF THE SERVICES AND OF THE DEVICES CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES.
AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.
1. Overview, Eligibility, Customer Service, Term and Termination
(b) Eligibility. You may use the Services only if you can form a binding contract with Somabar, and if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the legal drinking age for alcohol in the jurisdiction where Somabar is used is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by Somabar.
(c) Customer Service. If you have any questions or concerns regarding the Devices, the Services, or these Terms, please contact us at firstname.lastname@example.org.
(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Somabar may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if Somabar in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Device to a new owner, your right to use the Services with respect to that Device automatically terminates, and the new owner will have no right to use the Device or Services under your Account (as described below) and will need to register for a separate Account with Somabar.
(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
To use certain functions of the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You may not use another user’s account without the express permission of the account holder. You agree to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Somabar of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Somabar is not liable for any loss or damage arising from your failure to comply with the above requirements.
3. Access to Services
(a) Access and Use. Subject to these Terms, Somabar grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by installing and using the Apps solely on your own mobile device and solely for the purpose of, controlling and monitoring the Devices for your use (the “Permitted Purpose”).
(b) Automatic Software Updates. Somabar may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Device Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Device. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Device and you agree to promptly install any Updates Somabar provides. Your continued use of the Services and the Device is your agreement – (i) to these Terms with respect to the Services, and (ii) to the End User License Agreement with respect to updated Device Software. Notwithstanding the foregoing, nothing set forth herein shall obligate Somabar to produce such Updates.
(d) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) except as permitted by the Permitted Purpose, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Device, the Device Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Somabar; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
(e) Open Source. Certain items of independent, third party code may be included in the Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
(g) Security. Somabar cares about the integrity and security of your personal information. However, Somabar cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(h) Modification. Somabar reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Somabar will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(i) Access Outside Certain Countries. Although the Site is accessible worldwide, the Devices and Services provided or accessed through or on the Site are not available to all persons or in all countries. If you choose to access the Site from outside a country in which Somabar supports the Device and Services listed here:
- North America
(“Target Territory”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in a non-Target Territory and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, Somabar accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site in a non-Target Territory. You will be bound by these Terms wherever you access or use the Site or use the Services.
4. Agreed Usage and Limitations of Somabar Services
(a) Intended Use of Somabar Services. The Services are intended to be accessed and used for non-time-critical information and control of Somabar products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Somabar’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Somabar is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
(b) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Somabar does not offer any specific uptime guarantee for the Services.
(c) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with the Devices; (ii) an Account; (iii) mobile clients such as a supported mobile device (required for some functionality); (iv) always-on broadband Internet access; and (v) other system elements that may be specified by Somabar. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
(d) The Services provide you information (“Device Information”) regarding the Devices in your home and their connection with other products and services. All Device Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
5. Limitations of Somabar Services Due to Third Parties.
(a) General. Somabar Services rely on or interoperate with third party products and services, including products and services provided by the third party services providers described in Section 5(b) below. These third party products and services are beyond Somabar’s control, but their operation may impact or be impacted by the use and reliability of the Somabar Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Somabar Services operate, and (iii) Somabar is not responsible for damages and losses due to the operation of these third party products and services.
(b) Third Party Service Providers Used by Somabar. You acknowledge that Somabar uses third party services providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication through Amazon Web Services, and mobile device notifications through mobile operating system vendors and mobile carriers.
(d) Third Party Products and Services that Work With Somabar Services. Somabar may, but is not obligated to, provide the opportunity for you to interface to Third Party Products and Services. These Third Party Products and Services are not Somabar products and services and you agree that Somabar is not responsible for damages or loss that may be caused by them.
(e) App Stores. You acknowledge and agree that the availability of the Apps is dependent on the third party websites from which you download the Apps, e.g., the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and Somabar and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Apps from it. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(f) Third Party Website Links and Referrals. The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. Somabar provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
(g) Release Regarding Third Parties. Somabar is not responsible for third parties or their products and services, including the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. You hereby release Somabar and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. Ownership and Intellectual Property
You acknowledge that all intellectual property rights, including copyrights, patents, and patents-pending, trademarks, and trade secrets, in the Device, Device Software, and Services (i.e., the Site and Apps) are owned by Somabar or its affiliates or our licensors. Your possession, access, and use of the Device, Device Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Somabar and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you may copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Somabar. You must have a license from us before you can post or redistribute any portion of the Services. Somabar retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
You may choose to, or Somabar may invite you to submit comments, suggestions, or ideas about the Devices or Services, including how to improve the Devices or Services (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Somabar under any fiduciary or other obligation. Somabar may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. Ownership to all Feedback submitted by you shall be the sole and exclusive property of Somabar and you shall have no ownership or other usage rights with respect to such Feedback. You also agree that Somabar does not waive any rights to use similar or related ideas previously known to Somabar, developed by its employees, or obtained from other sources.
You agree to indemnify and hold Somabar, its officers, directors, employees, affiliates and representatives and agents as well as Somabar’s licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms. Somabar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Somabar and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Somabar’s prior written consent. Somabar will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Warranty Disclaimers
(a) THE WARRANTY FOR THE DEVICE AND DEVICE SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE EULA, RESPECTIVELY.
(b) THE SERVICES (I.E., THE SITE AND MOBILE APPS) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND SOMABAR AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) SOMABAR AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOMABAR OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
9. Limitation of Liability
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SOMABAR BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE DEVICES, EVEN IF SOMABAR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SOMABAR’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE DEVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO SOMABAR OR SOMABAR’S AUTHORIZED RESELLER FOR THE SERVICES OR THE DEVICE AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SOMABAR DISCLAIMS ALL LIABILITY OF ANY KIND OF SOMABAR’S LICENSORS AND SUPPLIERS.
10. Disputes and Arbitration
(a) Contact Somabar First. If a dispute arises between you and Somabar, our goal is to learn about and address your concerns. You agree that you will notify Somabar about any dispute you have with Somabar regarding these Terms by contacting Somabar.
(b) Binding Arbitration. You and Somabar agree, subject to clause 11(c) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to clause 11(c) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
(c) Arbitration Procedures. You must first present any claim or dispute to us by contacting Somabar to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Somabar. Somabar may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with clause 11(f) (Notifications). The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Terms. In the event of a conflict between the terms set forth in this Section 19 and the JAMS Rules, the terms in this Section 19 will control and prevail. The place of any arbitration will be Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. The arbitration will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Somabar nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. You and Somabar agree that any arbitration shall be limited to the Claim between Somabar and you individually. YOU AND SOMABAR AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Somabar. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT SOMABAR WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
This arbitration clause shall survive termination of these Terms.
(a) Changes to these Terms. Somabar reserves the right to make changes to these Terms. You should ensure that you have read and agree with our most recent terms of service when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
(b) Governing Law. These Terms and any action related thereto are governed by the law of the State of California, and the federal law of the United States of America, without regard to or application of any conflict of laws provisions or principles. You agree to submit to the personal jurisdiction of the state and federal courts in or for Los Angeles County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Somabar may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. “Confidential Information” shall mean the Device Software and all other information disclosed to you that Somabar characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (i) is previously rightfully known to you without restriction on disclosure; (ii) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (iii) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (iv) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three years after termination of this Terms, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Somabar. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Somabar in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms, and will cooperate with Somabar in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Somabar prior to such disclosure to allow Somabar an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Somabar in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Somabar regarding the use of the Services. Any failure by Somabar to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(e) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Somabar’s prior written consent. These Terms may be assigned by Somabar without restriction. These Terms are binding upon any permitted assignee.
(f) Notifications. Somabar may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. Somabar is not responsible for any automatic filtering you or your network provider may apply to email notifications. Somabar recommends that you add @somabar.com URLs to your email address book to help ensure you receive email notifications from Somabar.
(g) Disclosures. Please see Somabar’s Contact Us page for Somabar’s address.
(h) Copyright/Trademark Information. Copyright © 2018, Somabar, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Somabar or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Somabar or such respective holders. Somabar reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
End User License Agreement
The End User License Agreement (“EULA”) terms and conditions that governs all use of Device Software are hereby incorporated herein in their entirety. The EULA may be updated from time to time, and the latest version is available here.