Terms of Use
Updated: December 15, 2009
Welcome to RecoveryBuddy.com, a member-to-member site created to encourage dialog among people living with addiction, medical issues, and other life-altering or difficult events, and others who are willing to listen.
Use of RecoveryBuddy.com is not limited to people in recovery or those experiencing life-altering issues, but is open to all individuals, including friends or family of persons facing difficult issues, those familiar with the issues presented, and people who are simply willing to listen and speak with others regarding these issues.
What we primarily ask of members is sincerity of purpose.
IMPORTANT MEMBERSHIP RULES.
- RecoveryBuddy.com membership is limited to individuals only. No professional, commercial, or non-commercial organizations may join.
- RecoveryBuddy.com is not a substitute for professional advice. It is intended as an addition to and enhancement of any ongoing professional care a member may be currently receiving. RecoveryBuddy.com strongly encourages members to continue or seek professional or other care or programs regarding their particular issue.
- You assume all risk when using RecoveryBuddy.com. When speaking with another user of the Service, please use reasonable care in determining the extent to which you reveal details about your identity, location, etc. RecoveryBuddy.com cannot police the content of communications between users. It is your responsibility to protect yourself from unwanted or inappropriate communications, and to report same to RecoveryBuddy.com if in violation of these Terms of Use.
- You are not prohibited from communicating with a Recovery Buddy outside of this Service. Should you form a relationship with a member to the extent that you feel comfortable revealing information sufficient to communicate through means other than through RecoveryBuddy.com, you are free to do so. However, you assume all risk in forging that relationship.
- You may not use RecoveryBuddy.com to advertise, solicit, defame, harass, stalk, threaten, or to engage in offensive, obscene or illegal communications. Any such communications constitute violation of these Terms of Use and RecoveryBuddy.com reserves the right to cancel a violating user’s membership.
BINDING EFFECT. This is a binding agreement. By using the Internet site located at RecoveryBuddy.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by RecoveryBuddy.com, a dba of California Online Job Network, Inc., ("Company") from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. Additionally, Company may, but is not obligated to, inform members of any amendments to these Terms of Use via email.
It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
PRIVACY POLICY. RecoveryBuddy.com respects your privacy and permits you to control the treatment of your personal information. Your user name, email address, telephone number, or other personal information will never be revealed to other users without your express written consent.
A complete statement of Company’s current privacy policy can be found by clicking here. RecoveryBuddy.com’s privacy policy is expressly incorporated into this Agreement by this reference.
REGISTRATION. When you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are not required to use your given name when registering with RecoveryBuddy.com (except to the extent required to pay any subscription fees). You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify RecoveryBuddy.com immediately of any unauthorized use of your account, user name, or password. RecoveryBuddy.com shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by RecoveryBuddy.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
FEES; PAYMENT AND RENEWAL. Some products and services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. You hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. The Company reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. Such new fees, charges, or terms shall not take effect earlier than 30 days after the Company posts such modified fees on the Web site or communicates them to you by email. The Company reserves the right to terminate any account at any time for any reason.
GIFT MINUTES, SPECIALS, PROMOTIONS, SWEEPSTAKES Please read the official rules that accompany each gift opportunity, special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Rules for any of the above are incorporated by reference into this Agreement by this reference.
The Company agrees that it will terminate Customer’s account upon notice from Customer. If cancellation is received within the first 30 days of Customer signing up for a service, Customer will be refunded all subscription fees for that service, but Customer will still be obligated to pay any other charges incurred. If Customer cancels a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If Customer has a balance due on any account, Customer agrees that the Company can charge these unpaid fees to Customer’s credit card.
Your subscription will be automatically renewed. The renewal charge shall be equal to the original signup price, unless otherwise notified in advance by the Company by email to you or as posted on the Company site. Customer will have 30 days after the date that any renewal fee is posted to Customer’s charge account to give notice that he or she wishes to cancel his or her subscription. The subscription will be cancelled on receipt of such notification and a credit will be posted to Customer’s charge account equal to the latest renewal fee charged.
Customer’s right to use the Service is subject to any expenditure limits established by the Company or by Customer’s credit card issuer. If payment cannot be charged to Customer’s credit card or Customer’s charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate Customer’s access and account, thereby terminating this Agreement and all obligations of Company hereunder.
If Customer has reason to believe that Customer’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer’s ID, password, or any credit, debit, or charge card number stored), notify the Company of the problem to avoid possible liability for any unauthorized charges to Customer’s account.
It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
USE OF SOFTWARE. RecoveryBuddy.com may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. RecoveryBuddy.com does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by RecoveryBuddy.com or its licensors and you may not copy or use them in any manner without the express written consent of RecoveryBuddy.com.
USER CONTENT. You grant RecoveryBuddy.com a license to use any materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting RecoveryBuddy.com, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that RecoveryBuddy.com may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
INAPPROPRIATE CONTENT / COMMUNICATIONS. You shall not make the following types of Content available. You agree not to communicate, upload, download, display, perform, transmit, or otherwise distribute any Content or Communication that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) 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; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
RecoveryBuddy.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
COPYRIGHT INFRINGEMENT. RecoveryBuddy.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. RecoveryBuddy.com has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. RecoveryBuddy.com’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (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 Company to locate the material; (d) information reasonably sufficient to permit Company 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 RecoveryBuddy.com’s designated agent at:
William Kellaway
RecoveryBuddy.com
650 Crouch Street
Oceanside, CA 92054
858-598-4180
Copyright@RecoveryBuddy.com
ALLEGED VIOLATIONS. RecoveryBuddy.com reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service.
RecoveryBuddy.com does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
NO WARRANTIES. RecoveryBuddy.com HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS 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. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NO WARRANTIES REGARDING YOUR COMMUNICATIONS WITH OTHER MEMBERS. RecoveryBuddy.com DISCLAIMS ANY AND ALL WARRANTIES THAT MEMBERS YOU COMMUNICATE WITH WILL ABIDE BY THESE TERMS AND CONDITIONS. IT IS YOUR RESPONSIBILITY TO USE REASONABLE CARE WHEN SPEAKING WITH ANOTHER USER OF THE SERVICE. YOU ASSUME ALL RISK WHEN COMMUNICATING WITH OTHER MEMBERS AND OF THE INFORMATION YOU CHOOSE TO DISCLOSE TO OTHER MEMBERS. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOURSELF FROM UNWANTED OR INAPPROPRIATE COMMUNICATIONS.
LIMITED LIABILITY. RecoveryBuddy.com’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED SITES. RecoveryBuddy.com has no control over, and no liability for any third party websites or materials. RecoveryBuddy.com may work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of such partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
PROHIBITED USES. RecoveryBuddy.com imposes certain restrictions on your permissible use of the Site and the Service.
You are prohibited from recording any communications with other members without that member’s express consent. You acknowledge that recording confidential communications without consent may subject you to civil and/or criminal liability.
You are prohibited from revealing the content of any communications of other members to third parties without the express consent of the other member(s).
You are prohibited from violating or attempting to violate any security features of the Site or Service, 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 Service, 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 or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
INDEMNITY. You agree to indemnify RecoveryBuddy.com for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless RecoveryBuddy.com, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. RecoveryBuddy.com will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT; SERVICE MARKS. All contents of the Site and Service are: Copyright © 2010 California Online Job Network, Inc., dba RecoveryBuddy.com, 650 Crouch Street, Oceanside, CA 92054. All rights reserved.
"Recovery Buddy,” "RecoveryBuddy.com,” and "RecoveryBuddy.com” are Service Marks of California Online Job Network, Inc.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of San Diego, California, USA, in all disputes arising out of or related to the use of the Site or Service.
CALIFORNIA USE. The Site is controlled and operated by RecoveryBuddy.com from its offices in the State of California. RecoveryBuddy.com makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions herein, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MODIFICATIONS. RecoveryBuddy.com may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. RecoveryBuddy.com shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
ENTIRE AGREEMENT. These Terms of Use and any other terms incorporated by reverence in this agreement constitute the entire agreement between you and Company.
ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
