By accessing any portion of the Site, you have a limited license to use the Site and Services, including the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use and/or payment in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and RECOVERY FOUNDATION.
RECOVERY FOUNDATION reserves the right, at its discretion, to change, delete and update portions of these Terms or other policies that govern use of the Site at its discretion, at any time, for any reason, including the right to terminate the Services or any part of the Services. You should review these Terms periodically for changes. Any amendments and modifications by RECOVERY FOUNDATION will be prospective only, and unless otherwise provided in this Agreement, will be effective upon being posted on the Site. The Terms can be accessed from the link at the bottom of each Site page. If you use the Site after we post changes to the Terms, you agree to the changed Terms.
Without limiting the disclaimer language in these Terms, the Services information contained on this Site is believed to be accurate at the time of posting. However, from time-to-time RECOVERY FOUNDATION may find it necessary to make revisions. RECOVERY FOUNDATION reserves the right to make all such changes without notice. Therefore, please contact RECOVERY FOUNDATION at firstname.lastname@example.org to confirm the existence of any Services that are material to your purchase decision.
When you register, sign-up for, or purchase any RECOVERY FOUNDATION products or services, whether through the purchasing process or otherwise, you agree to provide true, accurate, current and complete information, whether through questionnaires, registration forms or other information requests, including, without limitation, passwords, usernames, login IDs, credit card and financial information and other personally identifiable information (collectively, “Personal Information”). You agree not to provide Personal Information that is false, inaccurate, misleading, or fraudulent. You agree to provide RECOVERY FOUNDATION with any information reasonably requested by RECOVERY FOUNDATION related to the provision of the Services. You are solely responsible for all transactions and transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update your Personal Information. You agree that RECOVERY FOUNDATION is not liable to you or any third party for damages or losses related to the accuracy or disclosure to RECOVERY FOUNDATION of your Personal Information. It is your responsibility to maintain the confidentiality of your Personal Information. RECOVERY FOUNDATION requires that you agree not to share your Personal Information with another person, nor allow another person to use your Personal Information. This requirement will assist in preventing unauthorized use or misuse of the Site and protect you, RECOVERY FOUNDATION and other Site users. If you believe that someone has used your Personal Information to access any RECOVERY FOUNDATION services without your authorization, please contact RECOVERY FOUNDATION immediately at email@example.com.
You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from RECOVERY FOUNDATION for any purpose.
RECOVERY FOUNDATION relies on a variety of sources for the information it provides on the Site, including without limit information related to its Services. This information is provided to you in good faith based on the information available to RECOVERY FOUNDATION. RECOVERY FOUNDATION believes that the information is current and accurate but does not guarantee it.
You are responsible for promptly paying all fees associated with your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes and any other taxes (except those related to RECOVERY FOUNDATION’s net income) related to the Services (collectively, the "Taxes"). You shall promptly pay all Taxes at the time of purchase.
If you dispute any Fees related to purchase of any Services, you shall provide RECOVERY FOUNDATION with written notice describing such dispute in reasonable detail and shall include with such notice all documentation as may be reasonably required to support your position regarding the dispute. All disputes regarding any Fees must be submitted to RECOVERY FOUNDATION within 90 days of the purchase of the applicable Services. If you do not submit a claim within such time period, you waive all rights to dispute such Fees.
If the dispute is resolved in favor of RECOVERY FOUNDATION and you have withheld the disputed amount, any payments withheld pending settlement of the disputed amount shall bear interest at eighteen percent (18%) per annum or the highest amount permitted by law, whichever is lower, from the payment due date up to and including the date of payment. RECOVERY FOUNDATION shall be entitled to recovery of all costs and expenses (including reasonable attorneys’ fees and costs) incurred in enforcing your compliance with this Agreement.
Your license to use the Site includes the limited right to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by RECOVERY FOUNDATION at any time under the circumstances described in these Terms.
RECOVERY FOUNDATION or its content providers own all of the content, materials and other intellectual property related to the Site and the Services, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.
The contents and use of the Site (including RECOVERY FOUNDATION’s name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the Site or the Services. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of RECOVERY FOUNDATION.
You further agree you may not:
RECOVERY FOUNDATION reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing RECOVERY FOUNDATION to disclose such information.
RECOVERY FOUNDATION does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users, nor does RECOVERY FOUNDATION endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Site and Services. You agree that RECOVERY FOUNDATION may terminate, restrict or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. RECOVERY FOUNDATION also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in RECOVERY FOUNDATION’s sole discretion, may create liability for RECOVERY FOUNDATION, its agents or its contractors or may affect RECOVERY FOUNDATION’s business relationships or contracts with its agents or its contractors. RECOVERY FOUNDATION further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms—though RECOVERY FOUNDATION shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that RECOVERY FOUNDATION has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release RECOVERY FOUNDATION from any liability related to its monitoring activities. If RECOVERY FOUNDATION denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, RECOVERY FOUNDATION may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and the Services.
For your general informational use only, RECOVERY FOUNDATION may provide access to third party Web sites. These links allow you to leave the Site. RECOVERY FOUNDATION is unable to verify, and takes no responsibility for, the contents of any third party Web site that may be linked to the Site via hyperlink or otherwise, whether such link is provided by RECOVERY FOUNDATION or by a third party (including any responsibility for the accuracy, timeliness or suitability of the content of any third party Web site to which RECOVERY FOUNDATION may link). By providing access to other websites, RECOVERY FOUNDATION is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization. RECOVERY FOUNDATION does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party Web site, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
RECOVERY FOUNDATION may include third party information in the Site for general informational purposes only. RECOVERY FOUNDATION is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Consequently, you agree RECOVERY FOUNDATION does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and RECOVERY FOUNDATION is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom RECOVERY FOUNDATION conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint venturers with RECOVERY FOUNDATION, or otherwise provide you or any third parties with any rights to act on RECOVERY FOUNDATION’s behalf.
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your Personal Information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE RECOVERY FOUNDATION PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN RECOVERY FOUNDATION, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON RECOVERY FOUNDATION’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO RECOVERY FOUNDATION.
YOU AGREE THAT RECOVERY FOUNDATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS (COLLECTIVELY THE “RECOVERY FOUNDATION PARTIES”) ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE RECOVERY FOUNDATION PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO RECOVERY FOUNDATION TO PURCHASE THE PARTICULAR PRODUCTS OR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, THE AMOUNTS PAID BY YOU TO RECOVERY FOUNDATION TO PURCHASE PRODUCTS OR SERVICES IN THE THREE (3) MONTHS PRECEDING ANY CLAIM WHERE YOUR CLAIM DOES NOT RELATE TO PRODUCTS OR SERVICES PURCHASED, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO RECOVERY FOUNDATION. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY RECOVERY FOUNDATION IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE RECOVERY FOUNDATION PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
Any references on the Site to product or service warranties provided by RECOVERY FOUNDATION related to products or services already purchased by you are provided for informational purposes only. These references are not intended to extend, republish, or modify any warranties that accompanied the products or services at time of purchase or to create new warranties.
If you provide RECOVERY FOUNDATION with an e-mail address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold RECOVERY FOUNDATION responsible for any misuse or unauthorized viewing of that information.
In consideration of your use of the Site, you hereby agree to indemnify the RECOVERY FOUNDATION Parties (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than RECOVERY FOUNDATION.
RECOVERY FOUNDATION controls and operates the Site from our offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to RECOVERY FOUNDATION and your use of the Site.
You agree to comply with all United States export laws and regulations and all applicable foreign export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. You acknowledge that export of the products or services and any related documentation, in whole or part, contrary to United States law is prohibited. You agree that no part of the products or services available through the Site, either in whole or part, is being acquired for shipment, transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities or for weapons.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No failure to exercise and no delay in exercising, by RECOVERY FOUNDATION, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by RECOVERY FOUNDATION of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by RECOVERY FOUNDATION.
Pursuant to the Digital Millennium Copyright Act, RECOVERY FOUNDATION designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to RECOVERY FOUNDATION’s designated agent the following information:
RECOVERY FOUNDATION’s designated agent for notification may be contacted at:
Recovery Foundation, Inc.
5005 University Avenue, Suite 100
Madison, WI 53705
If a dispute arises between you and any of the RECOVERY FOUNDATION Parties, it is the goal of RECOVERY FOUNDATION to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies (“Claims”) arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding arbitration as described herein.
Any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination or breach thereof) shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site, or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).
The above obligations to arbitrate shall not: (i) apply to violations of the Restrictions on Use of RECOVERY FOUNDATION Materials contained above; or (iii) prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.
Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, the Services, or these Terms shall be in Madison, Wisconsin. Any matter brought before a court shall be brought solely in the state or federal courts located in Madison, Wisconsin. The parties hereby waive their right to a jury trial.
For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by this Agreement.
These Terms, and any policies referenced and attached hereto, constitute the entire agreement between you and RECOVERY FOUNDATION related to the Site and services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to in any manner except as set forth by a document in writing and signed by an authorized representative of each party. If there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to RECOVERY FOUNDATION shall govern.
The headings of the sections in these Terms are strictly for convenience and shall not in any way be construed as amplifying or limiting any of these Terms.
The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.