PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
This document was last updated on Dec 20, 2018
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 12 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.
1. No Medical Advice. The Site does not provide medical, psychiatric, or professional advice. The contents of the Site, such as text, graphics, images, information obtained from our licensors and other Site users, and other material contained on the Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by us, our employees, advertisers, others appearing on the Site at the invitation of us, or other visitors to the Site, is solely at your own risk.
2. Eligibility. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
3. Your Acceptance of the Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and us with respect to your use of the Site and supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions, or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arise prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
4. Your Affirmative Representations. When you use the Site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of the Site and your use of services available on the Site do not violate any applicable law or regulation; (d) you are at least eighteen (18) years of age or older; and (e) you will comply with the rules for online conduct, as discussed in Section 6 below.
5. Rules Governing Site Content and Use; Your Representations and Warranties. The Site may enable you to access information, including news and articles, about substance abuse conditions and treatments. When you use the Site, you represent and warrant that you: (a) will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent; (b) will not install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and (c) will not interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications. The Site may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate, or outdated.
In the event the Site contains functionality (such as blogs, message boards, questions and answers, quizzes, user reviews of drug or treatment information, etc.) that allows users to upload content to the Site (collectively, “Public Areas”), you agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any individual, group or entity. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to us by email (including through the email addresses listed on the “Contact Us” page) or otherwise, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept, or invention to us by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us by email. We try to answer every email in a timely manner, but are not always able to do so.
7. Our Intellectual Property Rights. All of the Content on this Site and the trademarks, service marks, and logos contained on this Site (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to this Site and the Content. You agree that you will not circumvent, disable or otherwise interfere with security-related features of this Site or features that: (a) prevent or restrict use or copying of any Content, or (b) enforce limitations on use of this Site or the Content on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
8. Our Management of the Site/User Misconduct.
- Our Site Management. We may, but are not required to: (a) monitor this Site for violations of the Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates the Agreement; and/or (c) manage this Site in a manner designed to protect our and third parties rights and property or to facilitate the proper functioning of this Site.
- Our Right to Terminate Users. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of this Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in the Agreement, or of any applicable law or regulation.
- Our Right to Temporarily or Permanently Disable and/or Dismantle the Site. Without limiting any other provision of the Agreement, we reserve the right to, in our sole discretion and without notice or liability, disable and/or dismantle some or all of the Site, temporarily or permanently for any reason or for no reason at all.
- Risk of Harm. Please note that there are risks, including but not limited to the risk of harm, from relying on or recommending incorrect information on this Site. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or any Content on the Site, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk. You also assume all risks associated with dealing with providers with whom you come in contact through this Site. We expect that you will use caution and common sense when using this Site.
9. Term and Survival. The Agreement shall remain in full force and effect while you use this Site. All obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of the Agreement shall survive and remain in effect after such happening, including without limitation sections 12-17.
10. Advertisements, Searches, and Links. We may provide links to third-party websites. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party offers or advertisements on the Site or linked to from the Site (including but not limited to the statements, representations, recommendations, and/or claims made on such third-party sites, offers or advertisements), and do not make any representations regarding their content or accuracy. Your use of third-party websites and participation in third-party offers or advertisements is at your own risk and subject to the terms and conditions of use for such sites, offers or advertisements. We do not endorse any provider, product, service, treatment, medication, procedure, offer, or website advertised on the Site.
11. Disputes Between You and any Provider. You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any product or services provider listed on the Site or about whom or which, as the case may be, any user posts information or authorizes the Site to post information. You agree to hold us harmless in the event you suffer any adverse consequences, including medical or financial damages or liability, as a result of any interaction you may have with any person, entity or facility about whom or which, as the case may be, you found information on this Site.
12. Arbitration Agreement and Class Action Waiver.
- Scope of Arbitration Agreement and Class Action Waiver. You agree that, by entering into the Agreement, we and you agree to arbitrate all disputes and claims that arise out of the Agreement, except as otherwise set forth herein. Therefore, you agree that, by entering into the Agreement, we and you, and any of our respective successors and/or assigns, are each waiving the right to a trial by jury or to participate in a class action or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Site users or other persons similarly situated. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST RECOVERY IN TUNE, LLC OR ITS AFFILIATED ENTITY, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to the Site, any products and/or services that you may apply for or obtain through the Site, the Content, telemarketing, or other marketing activities conducted by us or on our behalf, or by us on behalf of third parties, and/or the Agreement;
- claims arising out of or relating to any aspect of this relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and
- claims relating hereto that may arise after the termination of the Agreement.
- Arbitration Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision shall further specifically exclude any dispute over the validity of any party’s intellectual property rights.
The arbitrator is bound by the terms of the Agreement.
All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of this arbitration provision, which are for a court of law to decide.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Unless both we and you agree otherwise, 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.
An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case, except to enforce the award.
- Arbitration Fees. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees).
- Injunctive Relief. Notwithstanding the arbitration provision herein, we may seek injunctive relief for any violation of our intellectual property or other proprietary rights.
- One-Year Limitation on Actions. YOU MUST FILE A DEMAND WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH DEMAND, OR YOU WAIVE THE RIGHT TO PURSUE ANY DEMAND BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
- Survival of Arbitration Agreement and Class Action Waiver. This section will survive the termination of the Agreement.
- Governing Law. All issues concerning the construction, validity, and enforcement of the Agreement, or the rights and obligations of the parties, shall be construed and governed by the laws of the State of North Carolina, without regard to conflicts of law rules. Each party to this Agreement further agrees to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
13. Disclaimers. THE SITE AND ALL INFORMATION PROVIDED ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. INFORMATION ON THE SITE MAY BE OUT OF DATE, INACCURATE OR INCOMPLETE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR CONTRIBUTIONS, (B) PERSONAL INJURY OR HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND THE PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE, OUR LICENSORS, AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCY, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE OR THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF CERTAIN HEALTH, DRUG, OR TREATMENT INFORMATION, OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site.
Commentary and other materials posted on the Site, if applicable, are not intended to amount to advice on which reliance should be placed. We disclaim to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Site or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
14. Limited Liability. IN NO EVENT SHALL WE, OUR MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, OR ANY OTHER CONTENT THEREIN, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU FOR ANY REASON WHATSOEVER RELATED TO THE USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.
15. Indemnity. You agree to indemnify, defend and hold us, our parents, subsidiaries, affiliates, licensors, and contractors, and our/their respective members, officers, managers, directors, agents, partners, and employees, third-party information providers, and all others involved in the delivery of products, services, or information through the Site (collectively, “Indemnified Parties”), harmless from any loss, liability, expense, claim, or demand, including reasonable attorneys’ fees, due to or arising out of, in connection with, or relating to any breach of these Terms and Conditions of Use by you, including your use of Content or information obtained through the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the services or related website(s).
- Relationship of the Parties. Nothing in the Agreement shall be deemed to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.
- No Third-Party Beneficiaries. The Agreement is between you and us. There are no third-party beneficiaries of the Agreement.
- Section Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
- Non-Waiver. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision.
- Severability. The Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of the Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. You may not assign your rights under the Agreement to any third party; we may assign our rights under the Agreement without condition.
- No Modification. No written or oral modification to the Agreement shall be binding upon us unless it is signed in writing by one of our officers.
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