PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
This document was last updated on May 11, 2018
This Site is operated by Midwood Addiction Treatment (“we,” “us,” or “our”). By using and/or accessing midwoodaddictiontreatment.com (“Site”), you signify your consent to these Terms and Conditions (“Terms and Conditions”). The midwoodaddictiontreatment.com Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the following terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
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 provider 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 on-line 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.
The personal information you submit to us is governed by our Privacy Policy: https://www.midwoodaddictiontreatment.com/privacy-policy/. Please review our Privacy Policy, which is incorporated herein and describes our practices regarding collection and handling of your personal information.
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, world-wide, 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.
6. User Submissions – Image, Video, Audio Files. In the event the Site contains functionality that enables users to post or upload media, you agree to only post or upload media (like photos, blogs, videos, or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner. To protect your privacy, you agree that you will not submit any media that contains personally identifiable information (like name, phone number, email address, or home address) of you or of anyone else or any blog that you have no rights to submit. Uploading media like images or video of other people without their permission is strictly prohibited. By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant the rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission. It is strictly prohibited to upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Privacy Policy. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site. By uploading any media like a photo or video, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes us to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify us and our affiliates, and our respective directors, officers, representatives, agents and employees and hold us/them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms and Conditions. We reserve the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.
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 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.
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.
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.
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 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).
16. Miscellaneous.
17. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please contact us at (704) 625-2828 or 1111 The Plaza
Charlotte, NC 28205.