TERMS OF SERVICE
IMPORTANT PLEASE READ:
Thank you for Joining Recovery Live. Recovery Live runs peer-based support groups for those that feel they may benefit from open discussion, peer support and information. We are not a medical service and do not offer medical services, advice or professional opinions. Please choose the right privacy setting on signup if you wish to remain anonymous. Our group atmosphere provides help from peers and offers an ongoing support network for addicts who wish to pursue and maintain a drug-free lifestyle and is helpful to many, however it is not intended to be a substitute for professional therapy. If you suffer from a serious mental illness it is important you seek help from healthcare professionals and If you think you may have a medical emergency, call your doctor or 911 immediately.
RECOVERY LIVE TERMS OF SERVICE.
Welcome to Recovery Live! This website located at www.RecoveryLive.com (this “Site”) is owned and operated by Healthcare Solutions Group LLC. (the “Company”). Recovery Live provides website features and other products and services to you when you visit, shop or purchase items from this Site, use Recovery Live services, access this Site from your mobile devices, or use software provided by Recovery Live in connection with any of the foregoing (collectively, “Recovery Live Services”). Recovery Live provides its products and services subject to these Terms of Service.
By using Recovery Live Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Recovery Live product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Recovery Live. Recovery Live may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Recovery Live Services or enrollment as a Recovery Live Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Recovery Live Services and immediately cancel your Recovery Live Membership by calling one of our customer service representatives at 1-310-393-8572 or cancel through the link available in these terms. You must be at least 18 years old to use this Site or Services. Current membership rates are approximately $29.95 per month and are billed monthly or quarterly until cancelled.
When you use any Recovery Live Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Recovery Live Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RECOVERY LIVE MEMBERSHIP
Recovery Live is required by law to collect sales tax on orders shipped to California. If any order is shipping to California, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. Recovery Live reserves the right to collect sales tax in any other jurisdictions if Recovery Live believes that such collection is required by law.
To make purchases or pay for the monthly reoccurring membership fee of $29.95 through the Recovery Live Services you must submit credit card information. You represent and warrant to Recovery Live that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Recovery Live to use and store any credit card information submitted by you or updated credit card information submitted by your credit card company directly to Recovery Live. If you dispute any charges, you must inform Recovery Live within thirty (30) days upon receipt of Recovery Cure’s invoice. We reserve the right to change Recovery Live prices or fees at any time and your continued use of the Recovery Live Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Recovery Live may, from time to time, partner with certain third-party payment services (e.g., Masterpass, Visa Checkout, PayPal or Stripe) (each, a “Payment Service”) to make the payment process more efficient and streamlined. If you choose to use a Payment Service on this Site, you authorize Recovery Live to receive and store the payment information associated with your use of such Payment Service and to use such payment information in connection with your purchase of Recovery Live Services and, for members, your automatic monthly membership fee.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, except as required by law all activities occurring under your Account and all access to and use of the Recovery Live Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Recovery Live shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Recovery Live Services is in compliance with these Terms of Service. You further acknowledge and accept that Recovery Live shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Recovery Live Services, which is defined as a matching and current member sign-in and user password. You shall notify Recovery Live immediately of any unauthorized access to your Account or any other unauthorized use of any Recovery Live Services.
You agree that Recovery Live may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Recovery Live believes is harmful to its business interests: or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Recovery Live sole discretion and that Recovery Live shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Recovery Live Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Recovery Live, and downloading information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Recovery Live specifically prohibits any use of the Recovery Live Service, and requires all users to agree not to use the Recovery Live Services, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Creating multiple accounts for the same user;
- Accessing data not intended for you or logging on to a Recovery Live server or account, which you are not authorized to access;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of this Site, Recovery Live’s provision of services to any other visitors to this Site, Recovery Live hosting provider or Recovery Live networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
- Recording any sessions or content from the site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Recovery Live Services shall be deemed non-confidential and non-proprietary unless covered by Hippa or other regulations. By submitting or posting any User Content, you grant to Recovery Live and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Recovery Live will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Recovery Live shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Recovery Live retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Recovery Live and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
All orders placed through any Recovery Live Services are subject to Recovery Live’s acceptance. This means that Recovery Live may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Recovery Live will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Recovery Live Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Recovery Live and all rights thereto are specifically reserved. As between you and Recovery Live, (or any other company whose marks appear on any of the Recovery Live Services), Recovery Live (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Recovery Live Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Recovery Live logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Recovery Live Intellectual Property”) are owned by Recovery Live and may be registered in the United States and internationally. You agree not to display or use the Recovery Live Intellectual Property in any manner without Recovery Live prior written permission. Nothing contained on this Site or in any of the Recovery Live Services should be construed to grant any license or right to use any Recovery Live Intellectual Property without the prior written consent of Recovery Live.
Except as otherwise provided herein, use of the Recovery Live Services does not grant you a license to any materials, content or features you may access on this Site or via the Recovery Live Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Recovery Live Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Recovery Live. If you make use of the Recovery Live Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Recovery Live Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMERS AND LIMITATION OF LIABILITY
Recovery Live publishes information within the Recovery Live Services as a convenience to its visitors. While Recovery Live attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Recovery Live Services at any time without notice. The Recovery Live products described in the Recovery Live Services may not be available in your region. Recovery Live does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Recovery Live Services will be available for purchase in all jurisdictions.
YOUR USE OF THE RECOVERY LIVE SERVICES ARE AT YOUR SOLE RISK. THE RECOVERY LIVE SERVICES AND THE PRODUCTS OFFERED THROUGH THE RECOVERY LIVE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RECOVERY LIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RECOVERY LIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE RECOVERY LIVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE RECOVERY LIVE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
RECOVERY LIVESHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE RECOVERY LIVE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH RECOVERY LIVE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF RECOVERY LIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RECOVERY LIVESHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE RECOVERY LIVE SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. RECOVERY LIVE SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD RECOVERY LIVE.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONALRIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RECOVERY LIVE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE RECOVERY LIVE SERVICES. IF A PRODUCT OFFERED THROUGH THE RECOVERY LIVE SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
RECOVERY LIVE DOES NOT PROVIDE TREATMENT OR MEDICAL SERVICES OR DIAGNOSIS. IT PROVIDES INFORMATION FOR SELF HELP THAT IT BELIEVES MAY BE USEFUL. WE DO NOT OFFER COUNSELING OR CRISIS HELP.
THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES. RECOVERY LIVE IS A TECHNOLOGY PROVIDER THAT FACILITATES SELF AND COMMUNITY BASED HELP AND SUPPORT. RECOVERY LIVE DOES NOT PROVIDE MEDICAL ADVICE OR MEDICAL HELP.
Recovery Live makes no warranties of any kind regarding any third-party sites to which you may be directed or hyperlinked from the Recovery Live Services. Hyperlinks are included solely for your convenience, and Recovery Live makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third-party sites. Recovery Live does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Recovery Live Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold Recovery Live and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Recovery Live Services by you or any other person accessing the Recovery Live Services using your Account; (b) the use of, or connection to, the Recovery Live Services by you or any other person accessing the Recovery Live using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
Use of the Recovery Live Services, Membership Program, any purchases made through the Recovery Live Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Recovery Live Services, your membership in or purchases through the Recovery Live Services, and/or your Account, or products purchased through the Recovery Live Services shall be governed by the laws of California without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Recovery Live or the Recovery Live Services must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver
Both you and Recovery Live waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Recovery Live Services, your membership in or purchases through the Recovery Live Membership Program and/or your Account, or products purchased through the Recovery Live Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as “the class action waiver.”)
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Agreement to Pre-Arbitration Notification These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Recovery Live and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Recovery Live shall send a letter to the other side briefly summarizing the claim and the request for relief.
Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the Recovery Live Services, membership in the Recovery Live Membership Program, any purchases made through the Recovery Live Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Recovery Live Services, your membership in or purchases through the Recovery Live VIP Membership Program, or products purchased through the Recovery Live Services shall be resolved by final and binding arbitration between you and Recovery Live.
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
Both you and Recovery Live waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Notice for California Users
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Recovery Live shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses.
These Terms of Service constitute the entire agreement between you and Recovery Live and govern your use of the Recovery Live Services, and they supersede any prior agreements between you and Recovery Live. You also may be subject to additional terms and conditions that are applicable to certain parts of the Recovery Live Services. Recovery Live may terminate this Agreement and deny you access to the Recovery Live Services at any time, immediately and without notice, if in Recovery Live sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Recovery Live and you as a result of this Agreement or your use of the Recovery Live Services.
The failure of Recovery Live to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Recovery Live express written consent. The Terms inure to the benefit of Recovery Live successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.