Soar Terms of Service

Effective Date xxth of July 2018

  1. ACCEPTANCE OF TERMS
  1. The user (“You”) agree to and are bound by the Terms of Service set out below and in any modified or additional terms that Soar (Australia) Pty Ltd (“Soar”) may publish from time to time (collectively, the "Terms of Service").
  2. Soar may change these Terms of Service from time to time. Your continued access or use of the Site constitutes your acceptance of such changes.
  3. Your access and use of the Site will be subject to the current version of the Terms of Service, rules and guidelines posted on the Site at the time of such use.
  4. If you do not agree to all the Terms of Service contained in the Terms of Service, do not access or use this Site.

  1. General Terms
  1. Soar operates through through our website located athttps://soar.earth  (the “Site”) — which includes text, images, audio, code and other materials (collectively, the “Soar Content”) and all the features, and services provided. The Site, and any other features, tools, materials, or other services offered from time to time by Soar are referred to here as the “Service.”
  2. The user (“You”) must be at least 18 years old to use the Service or are you are of the legal age of majority in your jurisdiction as is required to access such Services and Content and enter into arrangements as provided by the Service.
  3. You understand and agree that Soar is not responsible for the Content posted on the Service and you use the Service at your own risk.
  4. You may not use the Service for any illegal or unauthorized purpose.
  5. You agree to comply with all laws, rules and regulations (for example federal, state and local) applicable to your use of the Service and your Content (see below), including but not limited to, copyright laws.
  6. You must not attempt to change, modify, adapt or alter the Service or change, modify or alter another website to falsely imply that it is associated with the Service or Soar.
  7. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  8. You may not inject content or code or otherwise alter or interfere with the way any Soar page is rendered or displayed in a user's browser or device.
  9. You must comply with anyCommunity Guidelines provided by Soar.
  10. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other Soar terms.
  11. Violation of these Terms of Service or any Community Guidelines may, in Soar's sole discretion, result in block your access to the service

  1. General conditions
  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
  2. Soar reserves the right to refuse access to the Service to anyone for any reason at any time.
  3. Soar may, but has no obligation to, remove, edit, block, and/or monitor Content or User that we determine in our sole discretion violates these Terms of Service.
  4. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Soar is not responsible or liable for the conduct of any user.
  5. Soar reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
  6. You agree that you are responsible for all data charges you incur through use of the Service.
  7. Soar prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with Soar's express consent.
  1. Soar Content
  1. The Service contains content owned or licensed by Soar ("Soar Content"). Soar Content is protected by copyright, trademark, patent, trade secret and other laws, and Soar owns and retains all rights in the Soar Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Soar Content.
  2. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Soar Content.
  3. The Soar name and logo are trademarks of Soar, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Soar.
  4. All page headers, custom graphics, button icons and scripts are service marks and/or trademarks of Soar (whether formally registered or otherwise) and may not be copied, imitated or used, in whole or in part, without prior written permission from Soar.
  1. Disclaimer of Warranties
  1. The Service, including, without limitation, Soar Content, is provided on an "as is", "as available" and "with all faults" basis.
  2. To the fullest extent permissible by law, neither Soar nor any of their employees, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
  1. the Service;
  2. the Soar Content;
  3. any User Content; or
  4. security associated with the transmission of information to Soar or via the service.

In addition, Soar hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

  1. Soar does not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses.
  2. Soar does not make any representations or warranties that the information on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk.
  3. Soar does not warrant that your use of the service is lawful in any particular jurisdiction, and Soar specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms of Service.
  4. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
  5. Soar does not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
  1. Limitation of liability; waiver
  1. Under no circumstances will Soar be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
  1. the service;
  2. the soar content;
  3. user content;
  4. your use of, inability to use, or the performance of the service;
  5. any action taken in connection with an investigation by the soar parties or law enforcement authorities regarding your or any other party's use of the service;
  6. any action taken in connection with copyright or other intellectual property owners;
  7. any errors or omissions in the service's operation; or
  8. any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction;

including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Soar has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).

  1. In no event will Soar be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will Soar’s total liability to you for all damages, losses or causes or action exceed one hundred United States Dollars (USD100.00).
  2. You agree that in the event you incur any damages, losses or injuries that arise out of Soar's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by Soar, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the soar parties.
  3. Soar is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
  1. Indemnity
  1. You (and also any third party for whom you operate an account or undertake activity on the Service) agree to defend (at Soar's request), indemnify and hold Soar harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
  1. your Content or your access to or use of the Service;
  2. your breach or alleged breach of these Terms of Service;
  3. your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  4. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  5.  any misrepresentation made by you.

You will cooperate as fully required by Soar in the defense of any claim. Soar reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Soar.

  1. Time Limitation on Claims
  1. You agree that any claim you may have arising out of or related to your relationship with Soar must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
  1. Governing Law & Venue
  1. These Terms of Service are governed by and construed in accordance with the laws of Western Australia, without giving effect to any principles of conflicts of law
  2. If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. Soar's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
  3.  No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
  4. Soar reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.
  5. This dispute resolution provision will survive the termination of any or all your transactions with Soar.
  1. Entire Agreement
  1. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity.
  2. These Terms of Service constitute the entire agreement between you and Soar and governs your use of the Service, superseding any prior agreements between you and Soar.
  3. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Soar.
  4. Any purported assignment or delegation by you without the appropriate prior written consent of Soar will be null and void.
  5. Soar may assign these Terms of Service or any rights hereunder without your consent.
  6. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Service remain in full force and effect.
  7. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.
  1. Territorial Restrictions
  1. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Soar to any registration requirement within such jurisdiction or country.
  2. Soar reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Soar provides.