Terms of Use

December 26, 2018

Your use of www.recoveryrehabs.com (“website”) is governed by the terms and conditions set forth in this agreement.  By using the website, you acknowledge that you have read and understood and agree to be bound by the terms and conditions set forth herein.

THE WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY.  THE WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL, PSYCHIATRIC OR OTHER PROFESSIONAL ADVICE.  YOU SHOULD CONSULT WITH YOUR OWN HEALTHCARE PROVIDER REGARDING YOUR MEDICAL OR PSYCHIATRIC CONDITION.   INFORMATION PROVIDED ON THE WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR ADVICE FROM YOU OWN HEALTHCARE PROVIDER. TO THE EXTENT YOU RELY ON INFORMATION PROVIDED ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.  IF YOU HAVE SUICIDAL THOUGHTS, OR ANOTHER MEDICAL EMERGENCY, PLEASE CALL 911.

1. Ownership.

The visual interfaces, graphics, design, compilation, information, data, source code, object code, products, software, services, and all other elements of the website (“the “website elements”) are protected by intellectual property rights, proprietary rights, and applicable copyright, trade secret and other laws.  The elements contained in the website are our property or the property of our third-party licensors. You may not make use of the website elements except as expressly provided herein. You may contact us by sending email correspondence to us at [email protected].

2. License Grants and Account Registration.

You are granted a limited, non-exclusive, non-transferable license to use the website solely for your personal or internal business purposes.  You may not use the content of the website for any commercial reason unless expressly permitted by this agreement. You may not use the website for any illegal purpose or in violation of any rights, laws, rules or regulations including but not limited to the following: post any words or images (“user content”) which violates third party rights, or which in our sole discretion we deem objectionable, or which defames any third party; interfere with security-related features of the website; reverse engineer the source code of the website; disseminate viruses, adware, spyware, worms, or other malicious code; make unsolicited offers or advertisements to other users of the website; attempt to collect, personal information about users or third parties without their consent; interfere with or disrupt any networks, equipment, or servers connected to or used to provide the websites; perform any fraudulent activity; sell or transfer the access granted herein or any right or ability to view, access, or use any website elements; frame or link to any of the website elements; use any robot, spider or other automatic device, process or means to access the website for any purpose; aid or conspire with any person to do any of the foregoing.  

We may ask you to register with us to access certain features or services provided by the website.  You agree to provide us with accurate information when you register, and to update your account information as necessary. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You must immediately notify us at [email protected] if you believe that the security of your account has been compromised.

We have the right to record dialogue in public chat rooms; remove or request the removal of the communication at any time for no reason; terminate access to the website for any breach of this agreement; monitor, edit, or disclose any communication made in connection with the websites; edit or delete any information posted on the website at any time and for any reason.  We may modify or discontinue any or all of the website at any time without notice to anyone. You agree that we are not liable to you on account of any modification or discontinuation of the website. You may terminate your account at any time by contacting customer service at [email protected].

3. User Content.

If you post user content you represent and warrant that you are the creator of the content, or owner of the content, or have permission to publish the content on our website; your content does not infringe on any third party rights or defame any third party; and you grant us a worldwide, non-exclusive, royalty-free to maintain, use, modify and distribute your content.  We do not have any obligation to block, edit or control any user content, and you hereby waive any claims you might have against us with respect to such user content.

4. Third Party Links.

We make no representations or warranties regarding the accuracy of information contained on any websites linked to our website or which you may otherwise access through our website.  We are not responsible for, and you agree we will not be held liable for, any products or services made available on, or through, or linked to, our website.

5. Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. Sec. 512, as amended). You may contact our compliance department at [email protected] if you have any DMCA issues.  If you believe that any content hosted on our website violates the DMCA, you must provide us with evidence of ownership of the rights being infringed, your authority to act on behalf of the owner, a description of the work infringed, a description of the infringing material on our website, and your complete contact information, including name, address, telephone number and email address.

6. Indemnity.

You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents  from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of  the website in violation of this agreement; your violation of this agreement or any applicable law, rule or regulation; your violation of any third-party right; and any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we assume control of our own defense, this will not change or limit your indemnification obligations to us.  You agree to cooperate with our defense of any third party claims.

7. Disclaimers.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TO YOU OR ANY OTHER PARTY, INCLUDING REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, WEBSITE ELEMENTS, AND CONTENT AVAILABLE THROUGH THE WEBSITE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING AND USAGE OF TRADE.  WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT THE WEBSITE, WEBSITE ELEMENTS, AND CONTENT AVAILABLE THROUGH THE WEBSITE WILL MEET YOURE NEEDS OR WILL BE ERROR-FREE, OR UNINTERRUPTED OR THAT ANY ERRORS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF US THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE, YOUR DEALINGS WITH OTHER VISITORS TO AND USERS OF THE WEBSITE, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE WEBSITE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

8. Limitation of Liability.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE WEBSITE, WEBSITE ELEMENTS, AND CONTENT AVAILABLE THROUGH THE WEBSITE, OR ANY SERVICE WE PROVIDE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  OUR TOTAL, CUMULATIVE, AGGREGATE LIABILITY TO YOU UNDER THIS AGREMENT IS LIMITED TO $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 7 AND 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Arbitration

You and we agree that this agreement is governed by the Federal Arbitration Act and that any and all disputes arising out of, in connection with, or in any way related to, your use of the website or this agreement, will be resolved by binding arbitration before AAA in Los Angeles, California, in accordance with the Commercial Arbitration Rules of AAA.  Each party is required to share equally in the cost of arbitration, and each party agrees to bear their own attorney fees.

 

YOU AND WE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ALL RIGHT TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR CONTENT AVAILABLE THROUGH THE WEBSITE OR THE INTERPRETATION, PERFORMANCE OR ENFORCEMENT OF THIS AGREEMENT.

 

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

UNLESS BOTH YOU AND WE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

10. Choice of Law and Jurisdiction.

You and we agree that this agreement is governed by the laws of the State of California without regard to conflict of law principles which would result in the application of any law other than the law of the State of California.  To the extent that any court proceeding is permitted hereunder, you and we agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California.

11. Communications and Monitoring/Recording of Telephone Calls.

You agree to receive communications, including via e-mail, text, voice, or prerecorded voice message, from or on behalf of us, our affiliates, and our sponsors, at the email address or telephone number you provided even if that number is on a Do Not Call List.  These calls may be for informational and marketing purposes. Standard charges applied by your cell phone carrier will apply.  We and our affiliates and sponsors may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for quality assurance and training purposes and to protect our rights and the rights of others.

 

YOU MAY OPT OUT OF EMAILS BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL.  YOU MAY OPT OUT OF TEXTS BY REPLYING “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.  YOU MAY OPT OUT OF MARKETING CALLS BY MAKING A DO NOT CALL REQUEST DURING ANY CALL.

You understand and agree that you may continue to receive communications while your opt-out request is processed, and you may also receive a communication confirming the receipt of your opt-out request.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

12. Miscellaneous.

This agreement and our Privacy Policy are the full, complete and exclusive contract between us and supersedes all other discussions, promises, representations, warranties, agreements and understandings between us.  In the event of any invalidity or unenforceability of any provision of this agreement, the assertion or determination of invalidity shall not affect the balance of this agreement and the remainder of this agreement shall remain in full force and effect.

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