This Terms of Service and Privacy Policy (this “Agreement”) constitutes a legally binding agreement made by and between Community of Recovering People LLC, 1221 Wayzata Blvd E, Wayzata, MN 55391 (“myRecovery”, “MyRecovery”,“we” or “us”), and the users of the myRecovery.com website (this “Site”). This Agreement governs your use of this Site.
PLEASE NOTE THAT BY ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THIS SITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS AGREEMENT THAT MAY BE POSTED ON THIS SITE IN THE FUTURE.
Areas of this Site may have different terms posted. If there is a conflict between this Agreement and the terms posted for a specific area of this Site, the terms for the specific area of this Site shall have precedence with respect to your use of that area of this Site.
- No Health Information. THE CONTENT CONTAINED IN THIS SITE (THE “CONTENT”), WHETHER PROVIDED BY US OR BY USERS OF THIS SITE, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. THE CONTENT DOES NOT CONSTITUTE MEDICAL, HEALTH OR PSYCHIATRIC ADVICE. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, THEN CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL OR PSYCHOLOGICAL ADVICE OR DELAY IN SEEKING MEDICAL OR PSYCHOLOGICAL ADVICE BECAUSE OF ANY INFORMATION IN THIS SITE, AND YOU SHOULD NOT USE OR RELY ON THE CONTENT FOR DIAGNOSING OR TREATING A MEDICAL OR PSYCHIATRIC PROBLEM. THE TRANSMISSION AND RECEIPT OF CONTENT, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND MYRECOVERY.
- Opinions of Members. This Site provides an opportunity for our registered members (each, a “Member”) to express their own opinions about their recovery from addiction or other physical or mental diseases or afflictions. The opinions of our Members do not reflect the opinion of myRecovery, and are not endorsed by myRecovery. Although we will moderate the forum in order to remove material we deem objectionable, we may not always get to it immediately. Therefore, you agree that all posts reflect the opinion of the poster, not the opinion of myRecovery, and in order to participate, you waive your right to hold myRecovery legally responsible for the Content or the opinions or actions of other Members, interactions among Members, or relationships developed by you and another Member. We reserve the right, but have no obligation, to monitor interactions between Members and to take any other action to restrict access to or the availability of any material we may consider to be obscene, lewd, lascivious, violent, harassing, defamatory, infringing, abusive, inflammatory, vulgar, fraudulent, invasive of privacy or publicity rights, hateful or racially, ethnically or otherwise objectionable. You may not post, submit or transmit Content that: (a) is libelous, defamatory or slanderous; (b) advocates violence; (c) incites, encourages or threatens immediate physical harm against another; (d) presents and immediate and genuine danger to another person or entity; or (e) violates any applicable law, rule or regulation.
- Your Account and Use of this Site. In order to become a Member, you must create an account ("Account"). You must provide accurate and complete registration information. You will also be asked to choose a username and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password and for any use of your Account. We recommend that you change your password often. You agree not to use the Account, username, or password of another Member at any time and to notify myRecovery immediately at “contact us” if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all Content that is posted by or through your Account on this Site, including any e-mail, and for your interactions with any user. You must be at least 14 years old to use this Site. You may not access this Site other than by the interfaces provided by myRecovery or interfere with or disrupt the operation of this Site.
- Non-Commercial Use. This Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by us. You will not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through this Site. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of communications that a Member can send to other Members and the sharing of any Content in any twenty-four (24) hour period to a number and amount that we deem appropriate in our sole discretion. Commercial advertisements affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your account and the licenses granted hereunder.
- No Disruption. You will not:
- cover or obscure the banner advertisements on your account page, or any myRecovery page via HTML/CSS, scripting, or any other means, if any,
- interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site;
- without myRecovery's express written permission, introduce software or automated agents to this Site so as to produce multiple accounts, generate automated messages, or to strip or mine data from this Site; or
- interfere with, disrupt, or modify any data or equipment to manipulate the location-based functionality of this Site.
- Intellectual Property Rights; License to Content. MyRecovery or its licensors owns all materials on this Site, including without limitation, the myRecovery logo, designs, text, graphics, information, data, images, audio, video, applications, software, metadata, compilations, graphical user interfaces, other files and the selection, arrangement and organization thereof. We hereby grant you, subject to this Agreement, a personal, non-exclusive, non-assignable, limited and revocable license to view and use this Site. You may download or print a copy of any portion of this Site and Content to which you have properly gained access solely for your personal, informational, or non-commercial purposes, provided that you do not alter or delete any trademark, copyright, or other proprietary notices. Your license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of this Site beyond the scope of the license granted above is prohibited. Copyright 2011, myRecovery, All rights reserved. By posting, storing or transmitting any Content on or to this Site, you hereby: (a) grant myRecovery, and represent and warrant that you have the right to grant, a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, transferable, sub licensable, right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense such Content in any form, in all media now known or hereafter created, anywhere in the world, for any purpose, commercial, advertising, or otherwise; and (b) agree that the Content is subject to being changed, rejected, or deleted without notice or explanation to you. You hereby irrevocably waive any claims based on moral rights, if any.
- Disclaimer of Warranties.
- Site. MYRECOVERY MAKES NO REPRESENTATION, WARRANTIES, OR ASSURANCES AS TO THE ACCURACY, CURRENCY, AVAILABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS SITE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THIS SITE, AND ALL CONTENT AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MYRECOVERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MYRECOVERY MAKES NO WARRANTY THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS; (B) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY CONTENT OFFERED THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Public Areas. If you use a public area of our Site, such as a chat room, bulletin board, or community ("Public Area"), you are solely responsible for your own communications, the disclosure of your personal health information, the consequences of posting these communications, and your reliance on any communications in the Public Area. MyRecovery is not responsible for the consequences of any communications in Public Areas. In cases where you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. If there is a dispute between you and any third party (including, without limitation, any Members or Client), myRecovery is under no obligation to become involved.
- Geographic Disclaimer. This Site is administered by myRecovery from San Diego, CA and is intended for users who are US residents. Access to this Site and Content may not be legal for some persons or in some countries outside the US. If you elect to access and use this Site and Content from outside of the US, you do so at your own risk and are solely responsible for compiling with applicable laws and regulations.
- MEMBER INTERACTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ASSUME ALL RISK WHEN USING THE SITE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS. YOU UNDERSTAND THAT MYRECOVERY DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES MYRECOVERY INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MYRECOVERY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL MYRECOVERY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SITE OR PERSONS YOU MEET THROUGH THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
- Limitation of Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MYRECOVERY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE, OR FROM YOUR RELIANCE ON ANY CONTENT PROVIDED ON THIS SITE, OR ANY INTERACTIONS WITH OTHER MEMBERS ON THIS SITE, AND IN NO EVENT SHALL MYRECOVERY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE, WHETHER OR NOT MYRECOVERY HAS BEEN ADVISED OF THE POSSIBILITY. YOU AGREE THAT MYRECOVERY'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM, OR RELATING TO, THIS SITE (INCLUDING, WITHOUT LIMITATION, ACCESS OR LACK OF ACCESS THERETO) IS LIMITED TO FIFTY US DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Third Party Content and Advertising. MyRecovery has no responsibility for the availability, performance or content of websites operating by third parties and shall not be liable for any damages or injury arising from that content. You agree that you bear all risks associated with the use of third party sites and content. This Site may be supported by advertising revenue and may display advertisements and promotions. In consideration for myRecovery granting you access to and use of this Site, you agree that myRecovery may place such advertising on this Site. The manner, mode and extent of advertising by myRecovery on this Site are subject to change without notice, and may be targeted to the Content or queries made on this Site.
- Changes; Termination. MyRecovery reserves the right in its sole discretion, for any reason or no reason at all, without notice or liability to you, to change or discontinue this Site or the Content on this Site, terminate your account or your access to this Site or the Services, with or without cause. Such reasons may include, without limitation, (a) your breach of any part of this Agreement, (b) your violation of the rights of any third party, or (c) your account becoming inactive for an extended period of time. If your account is terminated for any reason, myRecovery may, in its sole discretion, delete any Content.
- Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Site or the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
- Contact Information. If you have any questions regarding this Agreement, please contact us.
Ken Nersten