SoberPortal


Terms of Service
Sober Puffin Terms of Use and Service
Last Updated: 07/19/2019


  • 1. Agreement to Terms of Use

    These terms of use are entered into by and between You and ezLeague Gaming Inc. (”Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of www.soberpuffin.com and www.soberportal.com including any content, functionality, and services offered on or through www.soberpuffin.com or www.soberportal.com (the “Website”), whether as a guest or a registered user.

    Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use and Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use and Service or the Privacy Policy, you must not access or use the Website. Company knows that the privacy of your personal information is important to you. For more information about Company’s data protection practices, please read our Privacy Policy. The Privacy Policy explains how Company processes your personal information, and protects your privacy, when you use the Company Service. Your access to and use of the Company Service shall be subject to Company’s Privacy Policy, your agreement to the policies and practices set forth therein.

  • 2. Changes to Terms of Use
    • (a) Company reserves the right, at any time and at our sole and absolute discretion, to change or modify this Agreement and/or the terms and conditions applicable to your use of the Company Service, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
    • (b) Except for Section 5 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions to these Terms of Service and Use will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the Website, updating the date of this Agreement above, by electronic or conventional mail, or by any other means by which you obtain notice thereof.
    • (c) You should periodically check this webpage for any changes to this Agreement. Any continued use of the Company Service by you after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions or deletions to these Terms of Service and Use. If any modification, change, addition or deletion to these Terms of Service and Use is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the Company Service.
  • 3. Emergencies

    THIS SITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. COMPANY IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS SITE.

  • 4. Age Limitations

    This Site and the Services are intended and only suitable for individuals 18 years of age and above. Some of the content on this Site may not be appropriate for children. Children under the age of 13 are not permitted to use this Site. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our Site. Company hereby disclaims all liability for use by individuals under the age of 18.

  • 5. Information on this Site is Not Professional Advice

    All data, information, text, graphics, links, and other material on this Site are provided as a convenience to our Site visitors. The information provided on this Site is for general informational and educational purposes only. The information provided on our Site is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this Site does not constitute the provision or practice of medical or professional health care advice or services.

    You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Site or other websites linked to or from it.

  • 6. Restricted Use

    You may use this Site only to the extent that you obey all laws, rules, and regulations applicable to your use of this Site.

  • 7. Your Privacy

    Upon acceptance of these Terms you confirm that you have read, understood, and accepted Company’s Online Privacy Policy.

  • 8. Registration

    Registration is not required to view certain content on the Site. However, to use some parts of the Site and Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Site using your Credentials without your authorization, e-mail us immediately at info@soberpuffin.com.

  • 9. Transactions

    If you wish to purchase products or services described or linked to on the Site (each such purchase, a “Transaction”), Company or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to Company, then Company shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.

    Descriptions or images of, or references to, products or services on the Site do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Site may be obtained by sending an email to info@soberpuffin.com.

  • 10. Copyright Notice

    This Site is owned and operated by Company. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this Site.

    You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this Site only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] One Step Software Inc. All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

  • 11. Copyright Infringement – DMCA Notice

    The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@soberpuffin.com.
    The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.

  • 12. Trademark Notice

    Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Site are the property of their respective owners.

  • 13. Security

    We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
    Part Two: Additional Legal Terms

  • 14. Representation and Warranties

    You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Site will be in compliance with these Terms.

  • 15. No Warranties

    USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “COMPANY PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
    COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  • 16. Indemnity

    BY VISITING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED COMPANY OF THE POSSIBILITY OF SUCH CLAIM.

  • 17. Limitation of Liability and Damages

    THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICES IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF COMPANY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

  • 18. Disputes

    If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at info@soberpuffin.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.

  • 19. Binding Individual Arbitration

    You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. or any other neutral service agreed to by the parties according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

  • 20. Jurisdiction

    Information provided on Company’s Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
    The Company Service is made available subject to the terms of this Agreement. If you use the Company Service from the United States, Mexico, or Canada, then any claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the State of Illinois, without reference to conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the Company Service that was subject to this Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Cook County, Illinois to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.

  • 21. Requests for Information

    If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.

  • 22. Limitation on Time to Initiate a Dispute

    Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

  • 23. Links to Other Websites

    Company Site may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Site to another website, our Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site, is subject to that website’s own rules and policies.

  • 24. Downloadable Files and Email

    Company cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the Site or Services.

  • 25. Notice for California Users

    If you have a question or complaint regarding the Services provided to you by Company please contact us at info@soberpuffin.com to receive further information regarding the Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

  • 26. Assignment

    You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.

  • 27. Survival

    All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

  • 28. Waiver

    No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  • 29. Notices

    You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

  • 30. Severability

    If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

  • 31. Entire Agreement; Amendment

    This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

  • 32. Conflicting Terms

    Anything on the Site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

  • 33. Contact Information

    Please contact us with any questions or concerns regarding this Agreement at:
    Sober Puffin
    Email: info@soberpuffin.com