TERMS & CONDITIONS
ALL SERVICES PROVIDED BY RECOVERY TV ON THE SITE ARE COLLECTIVELY REFERRED TO AS "RECOVERY TV SERVICES". BY ACCESSING, BROWSING AND/OR USING THE SITE AND/OR RECOVERY TV SERVICES, YOU ARE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF RECOVERY TV SERVICES.
We Don’t Provide Professional Medical Advice
Everything in this site - including photos, videos, text, links and graphics are for your information, motivation and inspiration only. Recovery TV is not intended as a substitute to professional medical or psychiatric diagnosis or treatment. Nothing on this site is intended in any way to replace or amend the advice or treatment plan recommended or prescribed to you by a medical or psychiatric professional. When in doubt, seek the advice of your doctor or trained psychiatric or psychological practitioner. If you think you may need professional help, please call your doctor or 911 immediately.
Recovery TV does not recommend or endorse any specific tests, programs, physicians, facilities, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Recovery TV, its employees, other contributors to the Site or other visitors to the Site is solely at your own risk. The Site may contain health or medical-related materials or language that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an "as is" basis.
Ownership of the Site and Protection of Our Intellectual Property Rights
The Site is the property of RECOVERY TV, LLC. This Site is intended and provided for the personal, noncommercial use of our users who may use the site pursuant to these Terms and Conditions and the license granted herein. Recovery TV was launched in 2018 by Recovery TV, LLC.
Changes To these Terms and Conditions
This Site is not intended for children under the age of 13. We do not collect data on minors.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store, for personal use only, content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Recovery TV Services or remove or obscure the copyright notice or other notices displayed on the Content, and provided further that you include the following copyright notice: "Copyright ©2018, RECOVERY TV, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Recovery TV or the copyright holder identified in the relevant copyright notice. You agree not to access Recovery TV Services by any means other than through the interfaces that are provided by Recovery TV for use in accessing Recovery TV Services - be they web browser or App.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Recovery TV or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of RECOVERY TV, LLC. All rights not expressly granted herein are reserved to Recovery TV and its licensors.
If you choose to forward content from the Site via email through a service we provide, you agree that you will only forward such content to willing recipients known to you and that you will not use Recovery TV Services for engaging in spam or other unauthorized conduct.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to Recovery TV through the Site (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission, you hereby grant Recovery TV and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of Recovery TV Services and the Site a non-exclusive license to access your Submission through the Site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by Recovery TV’s on the Site and/or in these Terms and Conditions.
By making a Submission, you waive the right to make any claim against Recovery TV or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You acknowledge that by providing you with the ability to view and distribute user-generated content through Recovery TV Services, Recovery TV is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. Recovery TV and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, members and shareholders do not undertake or assume any duty to monitor the Site for inappropriate content.
You agree that you will not upload or transmit any communications or content of any type to the Community or Member-to-Member areas (including comments, forums, user reviews of treatment programs and facilities, etc.) (each a “Public Area”) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. Without limiting the generality of the foregoing, if you submit any business information, idea, concept or invention to Recovery TV by email, you agree such submission is non-confidential for all purposes, and you further grant (or warrant that the owner of such content or intellectual property has expressly granted) Recovery TV a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Recovery TV may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not email them to Recovery TV or submit them to the Public Areas or to Recovery TV by email.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Recovery TV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by these Terms and Conditions; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by these Terms and Conditions.
You agree not to use the Site to:
Post any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harm or threaten to harm users in any way; "stalk" or otherwise harass any other person or entity;
Impersonate any person or entity (including a Recovery TV agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity; post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Recovery TV for such purpose; disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality; disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; violate any law (whether local, state, national, or international), whether or not intentionally; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission; post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); interfere with or disrupt Recovery TV Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; collect or store personal data about other users; engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Links to Other Websites
A central part of Recovery TV Services includes links to other World Wide Web sites or resources. Recovery TV also may select certain sites as priority responses to search terms you enter and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Because Recovery TV has no control over such sites and resources, you acknowledge and agree that Recovery TV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Recovery TV shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Recovery TV has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To Recovery TV Services
Recovery TV reserves the right at any time and from time to time to modify, suspend, discontinue or terminate Recovery TV Services (or any part thereof) with or without notice for any reason. You agree that Recovery TV will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of Recovery TV Services.
Termination of Your Access to Recovery TV Services
You agree that RECOVERY TV, LLC, in its sole discretion, may terminate your access to any of Recovery TV Services, and/or remove, discard or modify any Submission or content within Recovery TV Services, for any reason, including, without limitation, for lack of use or if Recovery TV believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. You agree that any termination of your access to Recovery TV Services may be effected without prior notice, and acknowledge and agree that Recovery TV 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 Recovery TV Services. If you use the Site in violation of these Terms and Conditions, Recovery TV may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Recovery TV shall not be liable to you or any third party for the discontinuation or termination of your access to Recovery TV Services, or collection of information notwithstanding in the case of your violation of these Terms and Conditions, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING RECOVERY TV SERVICES YOU UNDERSTAND AND AGREE THAT:
NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. Recovery TV AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
YOUR USE OF RECOVERY TV SERVICES IS AT YOUR SOLE RISK. RECOVERY TV SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RECOVERY TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
RECOVERY TV MAKES NO REPRESENTATION OR WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, THAT RECOVERY TV SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE CONTENT OR ANY SOFTWARE OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE OR RECOVERY TV SERVICES WILL BE ACCURATE, RELIABLE COMPLETE, CURRENT OR TIMELY
ANY MATERIAL OBTAINED THROUGH THE USE OF RECOVERY TV SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM RECOVERY TV SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
NO REPRESENTATION OR WARRANTY IS MADE BY RECOVERY TV AS TO THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH RESPECT TO THE CONTENT CONTAINED ON THE SITE.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT RECOVERY TV IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, RECOVERY TV SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR Recovery TV SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT RECOVERY TV, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL RECOVERY TV’S DIRECT LIABILITY HEREUNDER EXCEED $200.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of RECOVERY TV, LLC
You agree to defend, indemnify and hold RECOVERY TV, LLC, its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Submission or other content you submit or that is submitted from your account, (b) your use of or reliance on Recovery TV Services, (c) your connection to the Site, (d) your violation of these Terms and Conditions, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices posted here:
Copyright and Trademark Notices
All contents of this Website including but not limited to text, images, animation, videos, music, sounds, Web site design, graphics, text selections, arrangements, and all software are: Copyright (c) 2018 RECOVERY TV, LLC. All rights reserved. Recovery TV and Recovery TV logos, product and service names, service marks and trademarks that appear throughout the Site belong to RECOVERY TV, LLC, and are protected by U.S. and international trademark laws (the " Marks").
The Use of the Marks
You agree not to display or use the Marks in any manner without Recovery TV’s prior written permission.
Copyrights and Copyright Agent
RECOVERY TV, LLC asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (the "DMCA"), Recovery TV has designated an agent to receive Notifications of Claimed Copyright Infringement on its site, who can be reached as follows:
By email at firstname.lastname@example.org
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Recovery TV’s copyright agent the following as a Notification of Claimed Copyright Infringement (a "Notification"):
(a) Your address, telephone number, and email address;
(b) A specific description of the copyrighted work that you claim has been infringed;
(c) A specific description of where the material that you claim is infringing is located on the Site;
(d) 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";
(e) The following statement: "The information in the notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Pursuant to the DMCA, once we receive a properly prepared Notification asserting copyright infringement, we may remove the allegedly infringing material until we receive a properly prepared Counter-Notification (as defined below).
If a Notification has been filed with us against you, Recovery TV will advise you of that fact.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide Recovery TV’s copyright agent with the following information in writing pursuant to the DMCA (the "Counter Notification"):
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that the you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned notice requirements in writing, your notice may not be valid and that Recovery TV may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
You may want to seek independent legal counsel before filing a Notification or Counter-Notification.
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the legal relations thus created between Recovery TV and you (including, without limitation, any dispute between Recovery TV and you arising out of or related to these Terms and Conditions) shall be governed by and construed under and in accordance with the internal laws of the State of California without reference to its principles of conflicts of laws. Any such dispute will be heard and determined at Recovery TV’s discretion in the appropriate federal court located in the State of California in the County of Los Angeles or the appropriate California state court located in the County of Los Angeles, and you submit yourself and your property to the non-exclusive jurisdiction of the foregoing courts with respect to such disputes. You acknowledge that Recovery TV is headquartered in California and for that and other reasons these Terms and Conditions and the undertakings of the parties hereunder bear a reasonable relation to the State of California. You (i) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of inconvenient forum or otherwise as regards any dispute between Recovery TV and you arising out of or related to these Terms and Conditions, (ii) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the courts referred to above as regards any dispute between Recovery TV and you arising out of or related to these Terms and Conditions and (iii) agree that a judgment or order of any court referred to above in connection with any dispute between Recovery TV and you arising out of or related to these Terms and Conditions is conclusive and binding on you and may be enforced against you in the courts of any other jurisdiction
Severability of these Terms and Conditions
If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in these Terms and Conditions shall continue in full force and effect.
Limitation of Actions Brought Against Recovery TV
You agree that any claim or cause of action arising out of your use of the Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Recovery TV to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision.