Welcome to www.sokolocal.com. This website is owned and operated by Mobility Quotient Solutions Inc. ("Mobility Quotient," "we," "us" or "our"). Access and use of the website located at www.sokolocal.com (and its related services) (collectively, the "Website" or "Services") is provided for use by users ("you" or "your") on condition that you accept the following terms and conditions that govern your use of the Services (the "Agreement" or "Terms"). Your access to and use of Services constitutes your unconditional acceptance of the Terms. If you do not agree to accept and abide by these Terms, you should not access or use the Services.
We may modify this Agreement at any time and from time to time. Such modification shall be effective when we post the updated Agreement at https://www.sokolocal.com/terms. You agree to be bound to any changes to these Terms when you use the Services after any such modification is posted. It is therefore important that you review these Terms.
In consideration of Mobility Quotient providing you access to and use of the Website, and in consideration of the mutual covenants and promises herein contained, the parties agree to the terms as set out below.
These Terms apply to all users of the Services and visitors of the Website.
JURISDICTION AND AGE
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms according to age and you are in such a jurisdiction and under such age limit, you may not enter into these Terms or use the Services (or related Services).
This Services may only be used by residents of Canada. If you use this Services outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the services offered by the Services, you may not enter into these Terms or use the Services.
By using the Services you are explicitly stating that you have verified in your own jurisdiction that your use of the Services is allowed.
Mobility Quotient grants you a revocable, non-exclusive and non-transferrable license to use the Services, subject to these Terms, for the following purposes:
- to browse the Website and use the search engine; and
- to view goods and services offered by third parties and to access websites of such third parties through hyperlinks made for that purpose.
The Services are the property of Mobility Quotient. We retain all rights, title and interest in and to the Services.
You are solely responsible for your use of the Services, including any communications between you and third parties that may be listed or identified on the Website. Mobility Quotient does not condone or allow spam. You agree that you will not use the information made available on the Services to send unsolicited commercial electronic messages or other e-mail.
You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Services.
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Mobility Quotient’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. We may, without notice, temporarily suspend your or any other parties' access to the Services, including, without limitation, any specific areas hosted within the Services, if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Mobility Quotient may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted by Mobility Quotient; (iii) link to, mirror or frame any portion of the Services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
MOBILITY QUOTIENT MATERIALS
Mobility Quotient may make electronic materials (including the search engine, all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, "Mobility Quotient Materials") available to you from the Services. If you download or use Mobility Quotient Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Mobility Quotient's prior written permission and (iii) shall be only be used in compliance with any license terms accompanying such materials. Mobility Quotient does not transfer either the title or the intellectual property rights to the Mobility Quotient Materials, and retains full and complete title to the Mobility Quotient Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute or reproduce the Mobility Quotient Materials. You further agree not to decompile, reverse-engineer, disassemble or otherwise convert any Mobility Quotient Materials into a human-perceivable form. Mobility Quotient or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
The Services (including its organization and presentation and Mobility Quotient Materials) is the property of Mobility Quotient and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trademarks, trade-names, internet domain names and other similar rights.
CURRENCY OF THE WEBSITE
Mobility Quotient makes information or related resources available to you through the Services, particularly information about goods and services offered by third parties. Mobility Quotient may update such information and related resources periodically. However, as the information and resources may be provided by or controlled by third parties, we cannot and do not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information, prices or related resources on the Services. Mobility Quotient may revise, supplement or delete information and/or the resources contained in the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors or users.
LINKED WEBSITES AND THIRD PARTY CONTENT
The Services provide links to websites, images and content from third parties. The inclusion of these links does not imply that Mobility Quotient monitors or endorses these websites. Mobility Quotient does not accept any responsibility for such websites. Mobility Quotient shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Services. Computer viruses or other destructive programs may also be inadvertently downloaded from the Services.
Mobility Quotient shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services or your downloading of any of the Mobility Quotient Materials from the Services. Mobility Quotient is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES AND THE INFORMATION AND MATERIALS DISPLAYED AND PROVIDED THEREIN, INCLUDING INFORMATION ABOUT THIRD PARTY GOODS OR SERVICES, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ACCURACY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION ABOUT THIRD PARTY GOODS AND SERVICES CONTAINED THEREIN.
IN NO EVENT SHALL MOBILITY QUOTIENT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, MOBILITY QUOTIENT'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO $1 CANADIAN DOLLAR.
THE CONSIDERATION UNDER THIS AGREEMENT DOES NOT INCLUDE ANY CONSIDERATION FOR MOBILITY QUOTIENT TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY US, WE WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT CHARGING ADDITIONAL FEES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Mobility Quotient or any of its directors, officers, employees, shareholders, partners or agents harmless against all claims or liability asserted against Mobility Quotient arising out of or in connection with these Terms or your use of the Services, including any breach by you or anyone acting on your behalf of any of these Terms.
You may email your comments, suggestions and feedback (collectively, "Feedback") to Mobility Quotient at the e-mail addresses provided in the Website. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) Mobility Quotient has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) Mobility Quotient may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
TERM AND TERMINATION
Mobility Quotient may, from time to time, but is in no way obligated to, permit you to access and use the Services in accordance with these Terms and in the manner set out herein. You acknowledge and agree that access to the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Mobility Quotient shall not, in any event, be responsible to you in any way should you be unable to access the Services at any time or from time to time.
Mobility Quotient may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Services and/or terminate these Terms or any of the licenses granted hereunder. Without limiting the foregoing, these Terms and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms or any provision hereof. Upon termination of these Terms, you shall immediately cease and desist all use of the Services (and any of its related services).
The Services is controlled, operated and administered by Mobility Quotient from within the Province of Alberta, Canada. The Services can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from Alberta laws, by accessing the Services, you agree that all matters relating to access to or use of the Services and Services, including the Terms of Sale, are governed by the laws of Alberta and the federal laws of Canada applicable in Alberta (without reference to conflicts of laws principles). Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Alberta.
- Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
- These Terms are not assignable, transferable or sub-licensable by you except with Mobility Quotient's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
- Your obligations under these Terms will survive the termination of these Terms, or of any license granted under these Terms, for whatever reason.
- If any provision or part thereof of these Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof
- The parties have requested that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.