1. User’s Acknowledgment and Acceptance of Terms.
2. Recovering(me) is not a replacement for healthcare.
THE CONTENT CONTAINED IN THIS PLATFORM (THE “CONTENT”), WHETHER PROVIDED BY US OR BY USERS OF THIS PLATFORM, 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 OF RECOVERING(ME) IS NOT INTENDED AS A REPLACEMENT FOR THE CARE PROVIDED BY YOUR PHYSICIAN, COUNSELOR, PCP, OR HEALTH HOME AND IS SIMPLY A SUPPLEMENT TO THOSE SERVICES. SUBSCRIBERS ARE ENCOURAGED TO SHARE RECOVERING(ME) AND THE INFORMATION CONTAINED THEREIN WITH THEIR HEALTHCARE PROVIDER AS NEEDED. SHOULD YOU HAVE ANY HEALTHCARE-RELATED QUESTIONS OR ISSUES, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IN CASE OF EMERGENCY, PLESAE 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 PLATFORM, AND YOU SHOULD NOT USE OR RELY ON THE CONTENT FOR DIAGNOSING OR TREATING A MEDICAL OR PSYCHIATRIC ISSUE, CONDITION, OR DISEASE. THE TRANSMISSION AND RECEIPT OF CONTENT, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS USED BY RECOVERING(ME) IS NOT INTENDED TO CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND RECOVERING(ME).
3. Description of Services.
We make various services available through the Recovering(me) Platform, including but not limited to addiction recovery educational courses and quizzes, an online support community and activity feed, and public and private groups for collaborative learning and support.
Recovering(me) provides Recovery Coach services to persons who enroll in the Recovering(me) Plus subscription. Recovery Coaches are not licensed or credentialed healthcare professionals. Your Recovery Coach is not a counselor, therapist, case manager, or care navigator. “Recovery coach” is not a recognized specialty or service under federal or state law.
A Recovery Coach, as the term is used by Recovering(me), is an individual who has been trained to support persons in recovery and family members who have persons in recovery. This support includes providing additional addiction education materials, helping the subscriber complete their Recovering(me) Plan, and serving as a liaison who may be able to provide guidance to seeking community and other professional resources available in the client’s area.
Information shared with Recovery Coaches is not protected by HIPAA or by a patient-provider privilege. Recovery Coaches are subject to federal, state, and local laws and guidelines. Users taking part in Recovery Coach services are affirming that the information shared with the Recovery Coach may be disclosed, in the sole discretion of the Recovery Coach, to third-party agencies or individuals, including the user’s physician, law enforcement, or others as required or permitted by law.
4. Registration Data.
In order to access some of the services on this platform, you will be required to use an account and password that can be obtained by completing our Platform registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
5. Conduct on Platform.
Your use of the platform is subject to all applicable state, federal, and local laws and regulations, and you are solely responsible for the substance of your communications through the platform. By posting information in or otherwise using any communications service, Recovering(me) Forum, Recovering(me) Blog News Feed, Recovering(story), video curriculum, newsletter, private messaging, or other interactive service that may be available to you on or through this platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
(a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) impersonates any person or entity, including any of our employees or representatives;
(g) breaches the privacy of any other user of the site;
(h) violates our additional Community Guidelines.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the platform may be available to you or other authorized users of the platform. You shall not interfere with anyone else’s use and enjoyment of the platform or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our platform without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third-Party Sites and Information.
This site may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information.
You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
8. Unauthorized Use of Materials.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing that such submission is in accordance with the terms and condition and guidelines of use for this site. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must do the following:
(a) Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
(b) Identify the material that you claim is infringing the copyrighted work listed in item (a) above.
(c) Provide information reasonably sufficient to permit us to contact you (email address is preferred).
(d) Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
(e) Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
(f) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
(g) Sign the paper.
(h) Send the written communication to the following address: 2412 Ring Road, Elizabethtown, Kentucky 42701
Designated Agent for Claimed Infringement:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Disclaimer of Warranties.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO GUARANTEE THAT THE PROGRAMS WILL BE SUCCESSFUL AND MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
10. Limitation of Liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, COSTS, ATTORNEY FEES, INJUNCTIVE RELIEF, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. [We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.]
12. Security and Password.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. Passwords and access may not be assigned to any third party or shared with any third party. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
13. Private Messaging, Email, and Video Conference Services.
We may make email, private messaging, private forums, or video conference services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. User Content on Recovering(me)
15. Community Guidelines
In order to maintain a safe and constructive environment for its users, Recovering(me) has established a set of Community Guidelines that all users are required to adhere. Recovering(me) reserves the right to remove access to the Platform and content of any user who violates these Community Guidelines. All users shall refrain from the following:
Threats/Violence. Any language that might constitute a threat to do violence or harm to another member is subject to removal, and the offending poster may be permanently banned from the website. While disagreements are bound to occur in conversation, all members must remember not to post threatening language.
Inappropriate Discussion of Drug Use. It’s not unusual on a recovery-centered discussion forum for there to be talk about drug use, especially past drug use from which someone is recovering; however, there is always a risk of drug use talk turning into a triggering line of thought. If our moderators feel that a conversation is becoming too focused on how drugs are used, the company or moderators may decide to close the thread or remove the content. Trigger warnings are required for all posts which reference drug use.
Policy on Minors/Children. Recovering(me) does not permit users under the age of (13) to possess a member account. If our moderators find that a member is under the age limit and obtained an account fraudulently, we may remove the user account from the website.
Harassment. Recovering(me) requires its members to exhibit cultural competency. If any members are observed to be targeting members for negative attention based on their cultural, ethnic, gender, sexual orientation, or religious identification, or for any reason whatsoever, they are subject to an immediate removal and permanent ban from the site.
Personal Identifying Information. While Recovering(me) is meant to provide an open and stigma-free online community, members should be careful about posting personal identifying information that could put their safety risk. Things like bank account information, home or work addresses, phone numbers, personal email addresses, social security numbers, or other personal or financial records should not be posted on the Recovering(me) social pages. Members are required to adopt a user name and are encouraged to protect any personal health information from disclosure. Recovering(me) is not intended as a HIPAA-protected platform and members are solely responsible for the level of personal and healthcare disclosure they engage in.
Medical Advice. No user of Recovering(me) should offer advice that may be perceived as medical. Recovering(me) users who are medical professionals are on the site solely as users who are engaged in their own recovery and not as medical professionals acting in the course and scope of their work as a healthcare professional.
Excessive Images of Addictive Substances or Paraphernalia. All users shall refrain from posting excessive imagers of addictive substances or paraphernalia. Recovering(me) reserves the right to remove such images at its discretion.
Intentional/Malicious Posting of Other Members’ Triggers. Trigger warnings will be required at the start of any group or forum which may contain a trigger. (Triggers are people, places, or things that are heavily associated with someone’s past history which can upset that person.) Members are required to understand that triggers are sensitive information and should be sensitively discussed. If a member uses a trigger of another member to cause harm or upset, Recovering(me) has sole discretion to temporarily or permanently ban that member from the platform and service.
16. Disclaimer of Company Responsibility for User Content.
All User Content posted to any part of the platform by you or other users of the platform is the sole responsibility of the individual who originally posted the content. All opinions expressed by users of this site are expressed strictly by users in their individual capacities, and not as representatives of Recovering(me) or any sponsors or partners of Recovering(me). The opinions that you or others post do not necessarily reflect Recovering(me) opinions. While Recovering(me) has sole discretion to remove, edit, or bar any content or user at any time, Recovering(me) expressly waives any liability for any content posted by a user or third party. Users of the platform do so at their own risk and that risk is voluntarily assumed by each user.
(a) Use of this platform constitutes a binding and express waiver of any right to the content of your posts. By posting User Content you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or friends and family members, including private health information, personal data, or financial data.
(c) You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Platform, any content you supply to the Platform, or your violation of these terms or the rights of another.
(a) You agree that we will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
19. Termination of Access/Removal of Content.
Recovering(me) has the right in our sole discretion to edit, bar, block, or terminate your access to the platform and remove any of your User Content at any time and for any reason in our sole discretion.
20. User-Created Groups
21. Termination of Use.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Subscriptions to Recovering(me) for use of the Recovering(me) Platform are billed on a monthly basis from the date of initial user registration. Subscription cancellations must occur within 5 days after the monthly renewal date in order for the monthly charge to be refunded to the user. If the cancellation occurs later than 5 days after the monthly renewal date, the user will be charged for that month but no following months. Users with questions about our sale and refund policies can contact us through any of our support channels, and we will seek to resolve any questions or problems processing a refund.
24. Governing Law.
This site is controlled by us from our offices within the Commonwealth of Kentucky, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Kentucky, by accessing this site both of us agree that the statutes and laws of the Commonwealth of Kentucky, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Commonwealth of Kentucky with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@recovering(me).com, if by email, or at 2412 Ring Road, Elizabethtown, Kentucky 42701, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
26. Entire Agreement.