BY USING THIS SITE YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
INFORMATION IS NOT MEDICAL, PSYCHOLOGICAL, LEGAL OR FINANCIAL ADVICE
You expressly agree that the information on the Site including, but limited to, any information provided to you through our blog or during any coaching session is for informational purposes only. We are not doctors, lawyers or financial experts, and the information provided is not meant to be a substitute for professional medical, psychological, legal or financial advice, and it should not be relied upon as such. This information does not serve to diagnose, treat, or provide a cure for any condition you may be experiencing. If you require medical, psychological, legal or financial services, it is your responsibility to seek it out from a licensed professional.
USE OF SITE
We hope you enjoy using this Site as it is meant to provide you with information about recovering from an eating disorder. In addition to providing you with information, the other purposes of the Site include: allowing you to join our mailing list, book our Services, read our blog posts and provide a means for you to contact us. Any other use of this site is prohibited.
Specifically, you agree not to use this Site to post, display, or otherwise communicate any inappropriate content including, but not limited to, the following:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, or spam;
- any content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
- unauthorized use or disclosure of private, personally identifiable information of others;
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or
- any false or misleading information.
If you post this type of inappropriate content, we may remove such content from our Site and servers, and if warranted, terminate your access to the Site.
Further, you are prohibited from violating or attempting to violate any security features of the Site including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site.
Without limiting its other remedies, Company may immediately discontinue, suspend, terminate, or block your and any user’s access to the Site at any time, for any reason or for no reason, in Company’s sole discretion.
SITE CONTENTS AND OWNERSHIP
Company owns the intellectual property rights of all information on the Site including, but not limited to, the company name, logo, graphics, videos, audios, images, designs, photographs, writings, data, and other materials. Company’s ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. As part of this Agreement, we grant you a nonexclusive, nontransferable, and revocable license to access and use the Site for your personal home use. You may not access or use the Site or any portion thereof for non-personal, commercial use. You shall comply with all copyright laws worldwide in your use of the Site and prevent its unauthorized copying. You may not copy, display, distribute, modify, reproduce, or transmit the Site or any portion thereof without prior written consent from Company. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Site or any portion thereof without our permission. Except as provided in this Agreement, Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information with respect to Company’s intellectual property.
INFORMATION YOU PROVIDE TO US
By providing us with information through our Site or as part of the Services, you represent that you own, or have the authority to distribute, such information.
Any testimonials provided on the Site are opinions of those providing them. The information provided in the testimonials is not to be relied upon to predict results or guarantee a particular outcome in your specific situation. The results you experience will be dependent upon many factors including, but not limited to, your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through the Site including, but not limited to, any consent you give to receive communications from Company solely through electronic transmission. You acknowledge that it is your ongoing responsibility to provide us with an accurate, current, and complete e-mail address when you use our Services. If any electronic communications sent to you are returned as undeliverable, we may attempt to contact you by telephone or otherwise, but we are not obligated to do so. All communications are deemed delivered and received upon sending to the most recent e-mail address we have on file for you. However, please note that your consent does not mean that Company is obligated to provide all communications electronically. We may, at our option, deliver communications to you in others forms.
You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, you have read and reviewed the relevant information and your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or terminate access to the Site for any user who is found to have infringed on the intellectual property rights of users, third parties, or us, or otherwise is found to have violated any intellectual property laws. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on the Site, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
Recovered Living, LLC
1450 2nd St, Santa Monica, CA 90401 USA
info (at) recoveredliving (dot) com
DISCLAIMER OF WARRANTIES; “AS IS”
COMPANY IS MAKING THE SITE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. COMPANY DOES NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITIES
YOU AGREE THAT COMPANY AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE ON THE PART OF COMPANY, SHALL COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO: (1) THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER SERVICES OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE; (2) YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY; OR (3) OTHERWISE IN CONNECTION WITH THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TIME LIMITATIONS ON ASSERTING CLAIMS
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OR ELSE THE SHORTEST DURATION PERMITTED UNDER APPLICABLE LAW. FOR THE AVOIDANCE OF DOUBT, THIS PROVISION IS INTENDED TO LIMIT ANY APPLICABLE STATUTE OF LIMITATION.
You agree to indemnify, defend, and hold harmless Company, its affiliates, agents, employees, and contractors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
DISPUTE RESOLUTION; BINDING ARBITRATION
Except as expressly provided otherwise in this Agreement, you agree to resolve any dispute, claim, or controversy with the Company and its affiliates, agents, employees, and contractors arising out of or relating to your use of the Site in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can contact us through our contact page www.recoveredliving.com/contact-us/ or, info (at) recoveredliving (dot) com. Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in Los Angeles County, California, United States, and the costs of which shall be divided equally between you and the Company. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in Los Angeles County, California, United States.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted herein or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). We also both agree that arbitration shall be confidential, and neither you, nor the Company, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND THE COMPANY EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Agreement shall limit our ability to terminate, or otherwise take action related to, your access to the Site.
This Agreement constitutes the entire agreement between Company and you with respect to your use of the Site. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and Company with respect to your use of the Site.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
Company’s failure to enforce its rights under this Agreement or take action against any party for breach of this Agreement does not constitute a waiver of such rights, or of future subsequent enforcement of such rights.
MODIFICATIONS TO AGREEMENT
Company may revise this Agreement at any time. Your continued use of this Site and our Services serve as an agreement that you agree to be bound by the revised Agreement. Company’s modifications will become effective on the date they are first posted to this site. Company does not have any obligation to notify you of changes to this Agreement. It is your responsibility to review the terms to apprise yourself of modifications.
ASSIGNMENT OF RIGHTS
Your rights under this Agreement are not assignable. However, Company may assign its rights under this Agreement in connection with the sale of all or substantially all of its assets.
Updated: March, 2017