Terms of Use - Self Recovery

YOU ACKNOWLEDGE THAT SELF RECOVERY, THROUGH THE SELF RECOVERY WEB SITE OR OTHERWISE, DOES NOT PROVIDE MEDICAL OR HEALTH CARE ADVICE.

YOU ACKNOWLEDGE THAT YOU ARE ACCESSING THE SELF RECOVERY WEB SITE ON YOUR OWN INITIATIVE AND THAT YOU HAVE CONSULTED WITH YOUR DOCTOR OR HEALTH CARE PROVIDER PRIOR TO ACCESSING THIS SITE OR USING ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SELF RECOVERY WEB SITE.

YOU ACKNOWLEDGE THAT YOU ARE ACCESSING THE SELF RECOVERY WEB SITE AT YOUR OWN RISK.

In exchange for your use of the Self Recovery Web Site and by your use of the Self Recovery Website, you and Self Recovery, LLC, a Texas limited liability company (“Self Recovery,” the “Company,” or “We”), agree to the following terms of use (the “Agreement”). “You” shall mean the person or entity executing and/or accepting this Agreement. You and Self Recovery are sometimes referred to herein individually as “Party” or collectively as the “Parties.”

SELF RECOVERY DOES NOT PROVIDE MEDICAL ADVICE

We want to help you to lead a healthier life, but we are not your doctor! Our content is for self-help and informational purposes only and should not be construed as, nor replace, medical or health care advice. You agree to consult your medical or health care provider before making use of any of the information contained within the Self Recovery Web Site.

The Self Recovery Web Site is for informational purposes only. You acknowledge that the Self Recovery Web Site is not a substitute for professional medical or health care advice, diagnosis, or treatment. “Self Recovery Web Site” means any content made available by Self Recovery to users through the Internet, whether provided through a web page or service or available for download and including the Self Recovery web site and its affiliated web sites. Such content shall include any text, graphics, videos, images, and all other information, whether created by Self Recovery or by a third party.

You acknowledge that, unless otherwise stated, any Self Recovery Content is the property of Self Recovery and is protected by State and Federal copyright, trademark, and intellectual property laws and other international laws and regulations.

NOT FOR EMERGENCIES; NOT FOR MINORS

We want you to stay safe! You agree to call 911, your doctor, or another health care provider in the case of an emergency. You understand that Self Recovery is not for use in emergency situations. You also represent and warrant that you are not a minor and are over the age of 18 upon your first access of the Self Recovery Web Site.

YOUR INFORMATION

Health Information

To take advantage of the benefits of the Self Recovery Web Site, from time to time you will have the ability but never the obligation to submit or upload information relating to your personal health and your personal substance abuse issues, history, and concerns (collectively, “Health Information).

You agree that we can store, transmit, and display your Health Information for your personal use on the Self Recovery Web Site. We will not allow any other party to view or access personally-identifiable Health Information, except in instances where you yourself have knowingly shared or posted it in the public and community forums on the Self Recovery Web Site. We also will use reasonable, commercially-available measures to safeguard and protect your Health Information.

Although we make good faith efforts to store Health Information in a secure operating environment, you should understand that there is no such thing as complete security, and we are unable to guarantee that your Health Information will never be accessed or disclosed without authorization. If we become aware that your Health Information has been accessed or disclosed in a manner that compromises its security or privacy, we will use reasonable efforts to notify you of the nature and extent of the access or disclosure (to the extent we know that information) as soon as reasonably possible and as required by law.

You also agree that we can manipulate your Health Information to analyze the aggregate status and aggregate progress of Self Recovery users (“Aggregate Information”). Such Aggregate Information will not be personally identifiable but can be displayed to any registered user of the Self Recovery Web Site. Further, Self Recovery may use such Aggregate Information for marketing and advertising purposes. Self Recovery may also use Aggregate Information to run (or authorize third parties to run) statistical research on health or medical trends. Such analysis would only use Aggregate Information in an anonymous manner that does not allow for re-identification.

Account Information

You agree to safeguard your account information, including your password, any identifying information, any Health Information, and any other personal or financial information (collectively, “Account Information”). You agree to control the dissemination of your Account Information, monitor and control access to your Account Information, and promptly inform Self Recovery if you believe your Account Information has been compromised. You grant to Self Recovery the limited right to store, transmit, and use your Account Information in connection with operation of the Self Recovery Web Site. While Self Recovery endeavors to protect all Account Information, Self Recovery does not guarantee the protection of your Account Information. Self Recovery will not disclose, sell, or otherwise transfer your Account Information to any third party without your permission.

PAYMENT TERMS

Fees

Fees for your use of the website are determined and calculated on a per course basis. If there is a fee for the course in which You enroll, You promise to pay a one-time fee, recurring subscription fee, or divided monthly payments for use of the Self Recovery Web Site. You authorize us to charge such fees to the credit card account which You identify when You purchase the course. This Agreement shall automatically continue, subject to the Term & Termination provision below.

Refunds

All courses offered by Self Recovery carry a 30-day, no questions asked, money back guarantee for the first month of use. If you are unhappy with the content or presentation of a course for any reason, you may request a refund of the price paid by calling or emailing our customer service department within that time frame. Self Recovery will refund such amount within thirty (30) days of your request. Please note that the Self Recovery Web Site reserves the right to suspend or terminate your right to purchase course materials and refuse or restrict your right to any current or future use of Self Recovery products in the event that Self Recovery determines that such behavior indicates the abuse of the Company’s refund policy.

DELINQUENT ACCOUNTS

We know everyone wants to pay bills on time, but sometimes life gets in the way. Self Recovery will suspend account access at the time payments are overdue, and give you 30 days to remedy any past-due amounts before deleting your Self Recovery account. Should your account remain in arrears for longer than 30 days, Self Recovery shall have the right to remove and/or delete your Account Information along with any other content from you from the Self Recovery Web Site permanently, without providing any notice.

TERMS AND TERMINATION

The term of this purchase or enrollment is determined by the payment option chosen: month-to-month, year-to-year, or lifetime. During the term you choose upon purchase, you are granted ongoing access and use of the Self Recovery Web Site. You are not required to enter into a long-term contract, and you can terminate this Agreement at any time. Self Recovery can terminate only if you breach a provision of this Agreement. If your account is terminated, Self Recovery can delete Your Content (as defined below) and your Account Information from the Self Recovery Web Site.

This Agreement shall remain in full force and effect until terminated by either you or Self Recovery in accordance with this Agreement. You may terminate this Agreement at any time by providing written notice (electronic or otherwise) to Self Recovery. The Company may terminate this Agreement at any time upon your breach of a provision contained herein. Your rights automatically and immediately terminate without notice from the Company or any third party if you fail to comply with any provision of this Agreement. Should your account remain terminated, Self Recovery shall have the right to remove and/or delete Your Content or your Account Information from the Self Recovery Web Site permanently, without providing any notice.

COMPETITIVE MISUSE OF SELF RECOVERY

We worked very hard to develop the content and capabilities contained on the Self Recovery Website and incorporated into our proprietary self-help program—so we want to vigorously protect our ownership of it! Therefore, we don’t want folks to misuse it, copy it without our permission, or use it to harm others.

Competitors of Self Recovery may not access the Self Recovery Web Site, and you may not access the Self Recovery Web Site for the purpose of copying any aspect of the Self Recovery Web Site, without our prior express written consent. Further, you may not access our Self Recovery Web Site for the purpose of evaluating or monitoring the availability, performance, or functionality of the Self Recovery Web Site, or for any other competitive purpose, without our prior express written consent. Self Recovery shall have the sole authority to suspend your account should such activity occur.

USER-GENERATED CONTENT

Self Recovery Content

You understand that the Self Recovery Web Site, unless otherwise noted, is protected by State and Federal copyright, trademark, patent law and other intellectual property laws.

Your Content

From time to time, Self Recovery may give you the ability to submit or post to the Self Recovery Web Site content that you personally generate, collect, or otherwise obtain (“Your Content”). You make the following representations and warranties regarding Your Content:

The provision to and use of Your Content by Self Recovery or anyone else through the Self Recovery Web Site will not infringe the rights of any third party, such rights including without limitation copyright, trademark, trade secret, and patent rights.
You have the permission or right, through license or otherwise, to make Your Content available to and through the Self Recovery Web Site. You further agree that you fully comply with any third-party licenses relating to Your Content prior to using such content with the Self Recovery Web Site.
Your Content does not contain, install, propagate, disseminate, or otherwise facilitate any malware, worms, viruses, Trojan horses, or other harmful or destructive content.
Your Content is not spam, is not randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or to boost the search engine rankings of third-party sites. Your Content also does not further unlawful or fraudulent acts, such as phishing or spoofing.
Your Content does not violate the privacy or publicity rights of any party, does not threaten or incite violence towards any party, is not obscene or offensive, and is not pornographic in nature.

INTELLECTUAL PROPERTY, CONFIDENTIALITY, AND PROPRIETARY INFORMATION

Self Recovery owns all rights to the Self Recovery Web Site, but only has a limited right to use Your Content within the context of providing you the benefit of the Self Recovery Web Site. You own Your Content, not Self Recovery. We alter Your Content only for the purpose of providing you the Self Recovery Web Site (for example, re-sizing your uploaded images, creating previews of any comments you post, etc.). “Your Content” shall include any material or information you provide for use by or through the Self Recovery Web Site, including text, audio files, video files, graphics, and any other information of whatever form.

By submitting Your Content to the Self Recovery Web Site, you grant Self Recovery a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, or otherwise copy or distribute Your Content solely for the purpose of displaying, distributing, promoting, and/or otherwise disseminating Your Content by and through the Self Recovery Web Site. If you delete Your Content or any portion of it, Self Recovery will use reasonable efforts to remove it from the Self Recovery Web Site, but you acknowledge that caching or references to Your Content may not immediately be made unavailable.

Self Recovery retains all title to the Self Recovery Web Site, to any relevant intellectual property associated with the Self Recovery Web Site, and to any copy of the Self Recovery Web Site cached or otherwise provided to you. You acknowledge that (a) the Self Recovery Web Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Self Recovery and/or third parties own all right, title, and interest in and to the Self Recovery Web Site and its content, excluding Content provided by you, that may be presented or accessed through the Self Recovery Web Site, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights”means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide and/or at the state or federal level.

You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Self Recovery Web Site or content that may be presented or accessed through the Self Recovery Web Site for any purpose, unless otherwise permitted herein, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed, or enforced by any functionality (including without limitation digital rights management functionality) contained in the Self Recovery Web Site, (iii) use the Self Recovery Web Site to access, copy, transfer, transcode, or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Self Recovery’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Self Recovery Web Site.

COPYRIGHT/DMCA POLICY

We can block access to Your Content through the Self Recovery Web Site if we are notified that Your Content violates or potentially violates the rights of others.

We may immediately disable and terminate your access to the Self Recovery Web Site if there is evidence of unauthorized sharing of passwords and/or access to the Self Recovery Web Site.

If we receive a notice alleging that material or information you submit, upload, or otherwise make available to the Self Recovery Web Site infringes the rights, including without limitation copyrights and trademarks, of another party, then we may disable access to your material or information in accordance with state or federal law, including but not limited to the Digital Millennium Copyright Act, U.S. Code Title 17, Section 512.

AMENDMENT

In order to give you the best user experience, and to best protect the Self Recovery Web Site, you give us the right to change this Agreement at any time and for any reason in the future.

Self Recovery may make changes to this Agreement at any time and for any reason. It is your sole responsibility to check the Agreement, which shall be made available on the Self Recovery Web Site, periodically for changes. You indicate your acceptance by installing, using, or continuing to use the Self Recovery Web Site after such changes are made to the Agreement. In the event that you do not agree with the changes, within 90 days after the date of any change, you must terminate your use of the Self Recovery Web Site, which will be your sole and exclusive remedy. Any new features or functionalities added to the Self Recovery Web Site shall be subject to this Agreement.

INDEMNITY

You agree to defend and reimburse Self Recovery in the event your use of the Self Recovery Web Site gives rise to any claim or loss by any party.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Self Recovery, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from your use of the Self Recovery Web Site, including your accessing, downloading, installation, or use of the Self Recovery Web Site, or your violation of any provision of this Agreement.

LIMITATION ON LIABILITY

Self Recovery’s liability to you for any reason is limited, and will not exceed the amount you pay for the prior twelve months of your use of the Self Recovery Web Site.

IN NO EVENT SHALL SELF RECOVERY BE LIABLE, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR: (I) ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO SELF RECOVERY UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. SELF RECOVERY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.

DISCLAIMER OF WARRANTIES

Self Recovery does not make any warranties about the Self Recovery Web Site, and provides it “as-is.”

THE SELF RECOVERY WEB SITE IS PROVIDED ON AN “AS-IS” BASIS. SELF RECOVERY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SELF RECOVERY DOES NOT MAKE ANY WARRANTY THAT THE SELF RECOVERY WEB SITE WILL BE ERROR FREE OR THAT ACCESS TO THE SELF RECOVERY WEB SITE WILL BE CONTINUOUS AND/OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU ACCESS THE SELF RECOVERY WEB SITE AT YOUR OWN DISCRETION AND RISK, WITHOUT ANY DIRECTION, CONTROL, OR INDUCEMENT BY SELF RECOVERY.

GENERAL PROVISIONS

Export Compliance. The Self Recovery Web Site may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. Additionally, you represent that you are not named on any U.S. government denied-party list, and you further shall not permit anyone to access or use the Self Recovery Web Site in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

Merger. This Agreement constitute the entire agreement between you and the Company relating to your use of the Self Recovery Web Site, and completely replaces any prior or contemporaneous agreements between you and the Company.

Effect of Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision or any other provision of this Agreement.

Severability. If any provision of this Agreement is held invalid or unenforceable or otherwise stricken by any court of competent jurisdiction, then that provision will be removed from the Agreement without affecting the validity or enforceability of the remainder of the Agreement.

Assignability. The rights granted in this Agreement may not be assigned or transferred by you without the prior written approval of the Company. Consequently, you are not permitted to delegate your responsibilities or obligations under this Agreement without the prior written approval of the Company.

Governing Law. This Agreement and your relationship with the Company under this Agreement will be governed by the laws of the State of Texas without regard to any conflict of laws provisions or principles. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the county of Travis, state of Texas, to resolve any legal matter arising from this Agreement.

Injunctive Relief. Both you and the Company agree that any damages for breach of any provision of this Agreement may be irreparable, and therefore either you or the Company may be entitled to seek equitable or injunctive relief in addition to all other remedies available at law or equity.

Right to Counsel. Each Party acknowledges it had reasonable time to review this Agreement and had the opportunity, whether taken or not, to seek the advice of competent legal counsel prior to executing this Agreement.

Arbitration. The Parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in Austin, Texas, in accordance with the rules of the American Arbitration Association then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Each Party shall pay its own costs and expenses incurred in any such arbitration unless otherwise required by federal or state statutes.