3RTEC, Inc. dba My Recovery Day
A Nonprofit Corporation
TERMS OF USE – USER AGREEMENT (“Agreement”)
Last Updated May 13 2018
Welcome to My Recovery Day! The following terms and conditions apply to all users of this site whether the user is a casual browser or registered subscriber of MyRecoveryDay.com, hereinafter collectively referred to as “User(s)” and further defined in this Agreement:
ACCEPTANCE OF TERMS THROUGH USE
My Recovery Day is a tradename owned and operated by 3RTEC, Inc. (“Nonprofit”), an Ohio based Nonprofit Corporation. Please read these terms and conditions and our privacy policy carefully before using our site. By using this site, you (the “User”) automatically agree to all of these terms and conditions of use. The Nonprofit may revise these terms from time to time. If Users continue to use our site after we post changes to these terms and conditions, it will mean that the User accepts those changes. If the User does not agree to this Agreement please do not use this site. Please check this Agreement periodically for changes as the Nonprofit reserves the right to revise this Agreement at any time, in whole or in part, without notice of change. Consequently, User’s continued use of this site, following the posting of any changes to the Agreement, constitutes acceptance of such changes. The Nonprofit reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or in accordance with any other instructions on this site or breach of any portion of our privacy policy.
REGISTRATION REQUIREMENTS
Certain parts of the website may require registration. Users must be at least 18 years old to use this site and registration requirements are applicable for certain types of Users which must be completed on the site.
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ELIGIBILITY TO USE THIS SITE AND TO AGREE TO THE TERMS AND CONDITIONS OF THIS SITE
This Agreement is intended to be understood and agreed to by a person 18 years old or more. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Nonprofit with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If Users are not yet 18, if Users are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as Users do not have permission to access this site.
Users must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of this site. Users may maintain only one account for the product or service they will provide or use. Any duplicate accounts will be subject to cancellation. A User may not operate multiple accounts by registering several emails to promote the identical product or service, which shall also be cause for terminating all suspected accounts.
Users must have Internet access to browse through this site but must complete a registration form to interact with other Users or use certain products or services of the web site. The Nonprofit is not responsible for a User’s inability to connect to the Internet, log into the site, or access User’s account.
LICENSE TO USE THIS SITE
Upon User’s acceptance of this Agreement through the User’s use, the Nonprofit hereby grants User a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. User agrees not to make any false or fraudulent statements in User’s use of or to gain access to this site. User acknowledges and agree that all content and services available on this site including but not limited to artwork, photographs, graphics, data collections, methods of analysis, ratings, text and trademarks, are property of the Nonprofit and its advertisers and licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Nonprofit, its advertisers and licensors.
USER NAME AND PASSWORD PROTECTION
If applicable, the NONPROFIT will issue User a user name and password, if User chooses to participate or use the web site. The NONPROFIT will use its best efforts to keep User’s user name and password secure with acceptable industry procedures and practices that the NONPROFIT is aware of. However, the NONPROFIT will not be held responsible and User shall hold the NONPROFIT harmless in the event User creates a username and/or password that can easily be guessed or User gives the user name and password to someone other than themselves in written or verbal form. The NONPROFIT takes actions based on password verification whether that action is viewing any content in Users’ account. User agrees to take the precautions necessary to safeguard the security of User’s user name and password.
AGREEMENT NOT TO DUPLICATE MY RECOVERY DAY IN WHOLE OR PART
User agrees that User shall not try to duplicate in whole or in part any portion of this site through any form of reverse engineering or data compiling or translation or alter any code or contents on or received from this site. User agrees and understands that civil and/or criminal proceedings may be filed for such action to protect the rights of the NONPROFIT.
THIRD PARTY SITES
From this site, User may be transferred to online merchants or other third party sites through various links. My Recovery Day is a connection platform or portal that allows Users to connect to each other or research and purchase products from other sites. Any purchases User makes will be through other websites and from other companies. User is cautioned to read such sites’ Terms and Conditions, Sales, Return and Warranty Policies, and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of User’s use of such sites. Be sure to carefully evaluate and investigate such sites to your satisfaction.
User is also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. Nonprofit shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information or promotions, products or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from such terms and conditions and sites. The Nonprofit does not guarantee prices, promotions, or products or services, or anything on such sites. User is knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the “coupons” and specials listed on this site. User agrees that the ‘Nonprofit and its licensors and advertisers shall have no liability whatsoever from such third party sites and User’s usage of them.
These other sites are not under the control of the Nonprofit, are not monitored or reviewed by the Nonprofit, and the Nonprofit is not aware of the contents of such sites. The Nonprofit does not sponsor or recommend these sites. User acknowledges that the Nonprofit is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of this site by the Nonprofit, its advertisers or licensors, any association with its operators and is provided solely for User’s convenience. If User suspects a problem or practice that is inappropriate or deceptive, report it to My Recovery Day.
If Users have any further complaints with such sites, User can contact that site directly, or contact User state Attorney General or the Federal Trade Commission at www.ftc.gov.
TAXES
It is agreed that the Nonprofit is not responsible for any financial arrangements between Users. It is the Users responsibility to report and comply with any all tax laws of federal, state, and local jurisdictions with regard to this matter. In all instances, User will be solely responsible for any and all tax liability arising out of such an arrangement and will hold the Nonprofit, its Officers, Directors, Donors and Shareholders harmless from any such claims.
LICENSE RESTRICTIONS
Security
User agree that when issued a User name and Password by the Nonprofit, User shall use their best efforts to prevent access to this site through their User name and Password by anyone other than the User, including but not limited to, keeping such information strictly confidential, notifying the Nonprofit immediately if User discover loss or access to such information by another party not under User’s control and supervision, and by using a User name and Password not easily guessed by a third party.
Use
Except as may be explicitly permitted through this web site, User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Nonprofit is prohibited. User further agrees not to make any claims of endorsement or act as a representative of the Nonprofit in any form of communication within this site or not. User shall not use any portion of My Recovery Day name in whole or part, including misspellings of the site’s name, as an email address, user name or forum handle. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Government Use
If a User is a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
TRADEMARKS
The Nonprofit’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
COPYRIGHT COMPLAINTS AND NOTICE
The Nonprofit respects the intellectual property of others and seeks to comply with the Digital Millennium Copyright Act. Users of this web site are asked to do the same. In order to protect intellectual property belonging to others and prevent its misuse, the Nonprofit asks you to forward the following information if you believe your rights have been infringed upon:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Nonprofit’s web site where the material you claim is infringed is located.
A reference to or link (URL – Internet address) that allows the Nonprofit to look at the material that is being claimed as infringed or a physical copy of such material
A statement by you that you are the copyright owner or agent for the owner and why you feel your material was used without authorization
A means to contact you: name, address, email and phone number.
All information is to be forward to:
My Recovery Day
Attn: General Counsel – Copyright Agent
4500 Lee Road, Building H
Cleveland, OH 44128
DISCLAIMER OF WARRANTIES
THE NONPROFIT, DONORS, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE NONPROFIT, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE NONPROFIT, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THIS SITE IS SOLELY AT USER’S RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO USER BUT SHALL APPLY AS MUCH AS PERMITTED BY LAW OF THE USER’S JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE NONPROFIT, DONORS, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE NONPROFIT, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NONPROFIT, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF USER’S JURISDICTION.
INDEMNIFICATION
User agree to defend, indemnify, and hold harmless the Nonprofit, its donors, advertisers, vendors, product and service providers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents, shareholders and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from User’s use of this site, or any services, information or products from this site, or any violation of this Agreement or the terms of their offerings. The Nonprofit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with the Nonprofit in asserting any available defenses.
LEGAL COMPLIANCE
Nonprofit may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Nonprofit may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Nonprofit shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Nonprofit for such disclosure.
HIPPA COMPLIANCE
Users that elect to use any portion of this web site agree to be in compliance with any and all regulations and policies concerning the Health Information Privacy Protection Act (“HIPPA”). Users further agree to hold the Nonprofit, its Officers, Directors, Shareholders, Affiliates, Donors and other Users, harmless from any and all claims arising out of any alleged violation. Individuals that choose to subscribe to any of the Nonprofit’s services agree that they are providing such information at their option and risk. If a User is creating an account for another User that they manage care for, they warrant that they have the legal medical power of attorney to do so. All Users can share their information with others based on an opt in service only. If the User decides to allow others to view or participate in any of the Nonprofit’s services, then all parties agree to be bound by HIPPA and further agree to release the Nonprofit of any and all liabilities and to hold the Nonprofit harmless by sharing such information.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Nonprofit from its offices within the State of Ohio, United States of America. By accessing this site, both User and the Nonprofit agree that the statues and laws of the Ohio shall apply to any actions or claims arising out of or in relation to this Agreement or User’s use of this site, without regard to conflicts of laws principles thereof. User and the Nonprofit also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Ohio in the County of Cuyahoga and any legal proceedings shall be conducted in English. The Nonprofit makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
CAUSE FOR TERMINATION OF USE
Users registered to use My Recovery Day’s Program are subject to guidelines posted on the web site, the terms and conditions of this Agreement or any addendum to their Agreement. Any failure to comply with the terms and conditions, any fraud or abuse relating to or through the use of this web site, or any misrepresentation of any information furnished to the Nonprofit or its affiliates by User, or anyone acting on User’s behalf, may result in the termination of the User in the Nonprofit’s program and cancellation of User’s account in the Nonprofit’s sole discretion
The Nonprofit also reserves the right to close accounts that have been inactive for more than six (6) months referred to as “Dormant Accounts”. Inactivity for these accounts is defined as no tracked visits through either a log in event, purchase, or coupon usage or if their email is returned and User is unreachable. It is agreed to by the User, there is a cost associated with maintaining a User’s account. Consequently the Nonprofit will no longer allow the User to login under that username and password.
DISCLOSURE OF INFORMATION
User authorizes Nonprofit to only disclose to third parties, information User has provided, or information that the Nonprofit has obtained about User’s account: (i) to agents registered with the Nonprofit and licensors of the Nonprofit or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption of User’s reward points, if any. Further, User authorize the Nonprofit to receive any account information from any Online Affiliate or Local Store including, but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. User agrees to hold the Online Affiliate, Local Store or any other registered User or affiliate harmless for any information disclosed to the Nonprofit.
By signing up through the Nonprofit’s web site, My Recovery Day, User agree to receive communications that are account and User related as well as periodic marketing-related emails that may highlight Nonprofit’s activities, events, specials, etc that are available to Users. User can opt-out of receiving emails that are not account-related by either (i) visiting User account page for preferences and hitting the ‘edit’ link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with Users in order to operate our service, User can’t unsubscribe from account information emails. We do not send frivolous information to you. These are not promotional emails, and are only used to notify User that a change was made to your account, expiration deadlines, and so forth. If a User does not want to ever hear from us, User can close down their account by contacting customer service.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed unless posted on this site by an officer of the Nonprofit. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.