TERMS OF SERVICE

Last updated: January 26, 2022

When we say “nRecovery”, “Company”, “we”, “us”, and “our” we mean The Network For Recovery, Inc. and any subsidiaries of The Network For Recovery, Inc. (including any subsidiaries that The Network For Recovery, Inc. may form or acquire in the future), and their affiliates, directors, officers, employees and agents either individually or collectively, as the context may require. These terms do not include persons or entities that Company does not control, manage or employ.

When we say “Sites” or “The Services” we mean www.nrecovery.com, www.nrecovery100.com, and all associated subdomains, related functionality, services, content, documents and webpages offered by or for Company on or through www.nrecovery.com, www.nrecovery100.com, all associated subdomains, the nRecovery Apps or the systems, servers, and networks used to make these systems available.

When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Company on Sites (and any updates by Company to these Terms of Use and those terms and policies).

Use of Sites is subject to the following Terms of Use and policies (“Terms of Use”).

 

Acceptance of Terms of Use

Please read these Terms of Use carefully. From time to time and at its sole discretion, Company reserves the right to change these Terms of Use for any reason, with or without notice to you. However, if the Terms of Use change, we will always post the revised Terms of Use on Sites, which means that the then-current Terms of Use posted on Sites will always be the governing Terms of Use. We encourage you to review the Terms of Use regularly for any changes. Your continued use of Sites will mean acceptance of any changes we make to the Terms of Use.

No individual under the legal age in their jurisdiction may use The Services, provide any personal information to Company, or otherwise submit personal information through The Services (including, for example, a name, address, telephone number, or email address). You may only use The Services if you can form a binding contract with Company and are not legally prohibited from using The Services.

Sites are all offered to you on the express condition that you accept, without modification, and abide by these Terms of Use. If you do not agree to the Terms of Use, please do not use Sites and exit from Sites immediately. By using Sites (including the use of any of the information, content or services available via Sites), you agree that you have read, understood and agree unconditionally to be bound by these Terms of Use.

 

Communication and Privacy

Company is the sole owner of Sites. If you have any questions about our Terms of Use or other policies, you may email us or write to:

via email: [email protected]

via this website:
https://www.nrecovery.com/contact-us

via social media:
@nrecovery100

We know that many visitors to Sites are concerned about the information they may provide and how we may use that information. Company is sensitive to those privacy concerns, and protecting your privacy is an important priority to us. Our Privacy Policy governs the collection, use, retention and disclosure of information we gather from Sites, and you can view our Privacy Policy.

 

Accuracy of Information

Company makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of information provided through Sites, and Company makes no commitment and disclaims any duty to update such information. Company also may, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in Sites are not necessarily those of Company or endorsed by Company. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

Neither Company nor its affiliates are under any obligation to respond to messages posted to Sites or to provide any compensation for any such communication. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to Sites.

We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our users of any material that is alleged not to conform to the terms of these Terms of Use, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. We reserve the right to edit or delete any material posted on Sites, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or non-performance of the screening activities set forth above.

We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on Sites. We also do not endorse any opinions expressed by others on Sites. You acknowledge that any reliance on content posted by others on Sites, and your use of that content, is at your own risk. We make no representation that your use of Sites will comply with applicable laws or that they were designed to comply with the applicable laws. For example, many states regulate physician advertising and you are responsible for ensuring that your use of Sites complies with laws applicable to you.

You understand that by using The Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via The Services or broadcast elsewhere.

 

Intellectual Property

Sites (including without limitation, the information, content, or services provided on Sites, and the design and layout of Sites) is protected by copyright, trademark and other proprietary and intellectual property rights of Company or third parties. Except as expressly permitted herein, no portion of Sites, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from Company.

The Company names and logos, trade dress, and all related product and service names, design marks and slogans (including “nRecovery100”, “nRecovery”) are the trademarks or service marks of the Company (“nRecovery Marks”). While we understand that you may not intend to cause any harm by using our protected nRecovery Marks, your use of any of the nRecovery Marks may suggest a relationship or sponsorship of your organization that simply does not exist with Company. Moreover, as trademark and service mark owners, we are obligated under federal and common law to police the use of our marks and must monitor such for unauthorized use; otherwise, we risk the abandonment of our marks as well as the inability to enforce our rights against other third parties. Accordingly, you may not use or reproduce any of the nRecovery Marks without our express, prior written consent.

Company hereby grants to you a non-exclusive and non-transferable license to view and print information, documents and web pages located on Sites for non-commercial or educational use within your organization only, subject to the terms and conditions set forth in the following conditions:

The material may only be used for non-commercial purposes;

The copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original material;

The products, technology or processes described on Sites may be the subject of other intellectual property rights reserved by Company or by other third parties. No license is granted in respect of those intellectual property rights; and

Notwithstanding anything to the contrary in these Terms of Use, all photos, images, and personal testimonies on this site are not subject to the license granted herein and may not be copied, reproduced or appropriated in any manner without express, written permission of Company.

Except as set forth above or otherwise expressly permitted, (i) the documents, information, content, pictures, images, HTML code, and web pages on Sites may not be copied, reproduced, republished, re-transmitted, sold, modified, used, or exploited in any other way, and (ii) nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of Company or of any third party. You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of Sites.

 

Use of Sites

You may use Sites for lawful purposes only and only in accordance with these Terms of Use. You are prohibited from posting on Sites, from transmitting to or through Sites, or linking to or from Sites (i) any unlawful, threatening, vulgar, obscene, defamatory, libelous, harassing, pornographic, privacy invading, abusive, hateful or ethnically, racially or otherwise objectionable or harmful material, (ii) any material that would contribute to a civil or criminal offense, otherwise violates any local, state, federal, or international law, statute, ordinance, rule, regulation, ethical code or which infringes on any intellectual property right, (iii) any content referencing, facilitating, promoting or using the following: gambling, gaming, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner; or (iv) content that is used in a manner that is contrary to Company’s public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, “Objectionable Material”), in each case, as determined by Company in its sole and absolute discretion. Company reserves the right to delete, destroy or otherwise remove (or to require you to delete, destroy or otherwise remove) any Objectionable Material.

 

Member’s Conduct

You, “The Member”, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using Sites you will act according to the following rules and agree to the following:

Company cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any information regarding any member;

Company is not involved in any transactions between members;

Company does not control the quality, relevance, or accuracy of the advice, whether members are qualified to provide the specific advice, the accuracy of any postings on Sites, or any transmissions through it by members;

The Member consents to Company collecting and processing any personal information, as per the terms of Company’s Privacy Policy;

The Member will not take any actions that may undermine, disrupt or manipulate the integrity of the rating systems on Sites. The Member will not interfere with or disrupt Sites servers or networks connected to Sites;

The Member will not attempt to gain unauthorized access to other computer systems;

The Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Company;

The Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;

The Member will not stalk, threaten or harass other members or infringe upon or attempt to infringe upon their privacy; and;

Company may review The Member’s personal profile and amend any typing, spelling, or grammatical errors. Company cannot and will not examine the validity or accuracy of the details in The Member’s personal profile or in any of The Member’s postings or transmissions. However, Company may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by The Member;

The Member will bear all the risks associated with the uploading and transmitting of material while utilizing Sites, including reliance on its accuracy, reliability or legality;

The Member will not create more than one account on Sites;

 

Forbidden Material (harmful language, malicious software, solicitation, spam etc.)

All users expressly agree to not post any material that:

infringes on the copyright or any other proprietary right of a third party;

would invade the privacy of any other person;

is intended to advertise to or solicit others without our express permission;

constitutes charity solicitations, chain letters or pyramid schemes;

contains a virus, worm, trojan horse, time bomb, or any other harmful program or component;

does not generally pertain to the designated topic or theme of Sites.

You further expressly agree that you will not:

    (a) after receiving warning, continue to post material which we have advised you not to post;

    (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

    (c) post, generate or disseminate so-called “spam” or mass-mailings;

    (d) harvest or otherwise collect information about others, including email addresses, without their consent;

    (e) interfere with or disrupt networks connected to Sites, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);

    (f) attempt to gain unauthorized access to restricted areas of Sites, other accounts, computer systems or networks connected to Sites, through password mining or any other means; or

    (g) interfere with another user’s use and enjoyment of Sites.

    (h) post if you are under the legal age in your jurisdiction.

    (i) use Sites if you are a convicted sex offender.

    (j) use our copyrights or trademarks (including our logo), or any confusingly similar marks, except as expressly permitted by our prior written permission.

    (k) post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

Member agrees that any information or content submitted or communicated to Company through use of Sites is non-confidential and non-proprietary, and Company may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. Member grants Company an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis. Company is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you.

You hereby agree that you will hold indemnify, defend, and hold harmless Company and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, Sites, including any information or material viewed or downloaded from Sites or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.

IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

MEDICAL EMERGENCY: If you think you may have a medical emergency, call 911 or your healthcare provider immediately!

IF YOU FEEL THREATENED: If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

ABUSE: In cases where you believe a person(s) has breached the terms and conditions of the Sites, please contact Company IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on Sites.

 

Merchandise

All merchandise purchased from Company on Sites is subject to warranty and liability limitations. All returns and exchanges of merchandise purchased from Company on Sites are subject to the Company’s Exchanges & Returns Policy.

 

Disclaimer of Liability

Sites (including the content and information found on Sites) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. Company may make modifications and/or changes to Sites at any time without notice.

Content posted by Company, such as self-tests and videos, is offered for informational and educational purposes only, and is not intended to be a substitute for mental health advice, medical advice, diagnosis or treatment. Company does not offer or give medical advice or mental health advice. We do not provide medical or diagnostic services. You should not act upon information on this site without seeking professional advice and counsel.

The majority of the content on Sites is member-generated. The information furnished by Members is intended for general reference purpose only. The consultation with Members via Sites cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by other Members. Any information on Sites and information furnished by Members is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER’S FULL AND SOLE LIABILITY.

Our support groups are not moderated and contain posts furnished by Members. Our support groups are not therapy sessions. Sites does not offer any treatment of any kind.

We do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in Sites. Any statements made in Sites about products have not been evaluated by the United States Food and Drug Administration. They are not intended to diagnose, treat, cure or prevent any condition or disease.

User is liable for any activity or service which by law can only be performed by a licensed, registered, or certified medical care provider; giving of a professionally-qualified medical opinion; or the administration of or failure to administer medical care.

SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF SITES OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH SITES, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN SITES OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH SITES, (3) OR THAT SITES, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH SITES, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF SITES. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO SITES AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH SITES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON SITES AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH SITES.

Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.

IN NO EVENT SHALL THE COMPANY AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH SITES AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.

 

About Coaches

The terms “Coach” and “Coaches” are intended to refer to members who register for, apply for, or have received approval of their membership status on Sites as a coach or instructor.

You acknowledge and agree that Coaches are neither employees nor agents nor representatives of Company.

You are advised that there are clear boundaries surrounding the responsibilities between coaching and psychotherapy, counseling, or other medical treatments in psychology and psychiatry. Specifically, coaching involves providing education and guidance to those seeking to learn and implement a self-directed discovery process respecting their own lives. However, it is important to understand that this is different than psychotherapy, counseling, or other medical treatments in psychology and psychiatry. While both utilize knowledge of human behavior, motivation and behavioral change and interactive techniques, the major differences are in the goals, focus, and level of professional responsibility. Psychotherapy, counseling, or other medical treatments in psychology and psychiatry are health care services and are usually reimbursable through health insurance policies and require licensed health care professionals with accredited training to render. This is not true for coaching. The focus of coaching is the development and implementation of strategies to reach client-identified goals of enhanced performance and personal satisfaction. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational skills, and other similar techniques. However, coaching does not encroach into the areas involving use of skills that only licensed professionals are permitted to deliver. Coaching does not diagnose or treat mental health disorders. It is your responsibility to manage your own mental health, including obtaining necessary exams and ongoing support as needed. Coaching should be seen as a supplement to such a support system but not as a replacement for it.

Opinions of the medical or mental health professionals, physicians, and Coaches on this Site are solely their opinions, and not those of Company. Company does not assume any liability or responsibility for the accuracy of the content on Sites, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, or Coaches.

Company does not warrant the validity, accuracy, or availability of the content and Coach advice provided and it will not be liable for any damages or injuries to persons or property due to reliance on such information or advice.

The Member will have the sole responsibility to verify the Coach’s identity, qualifications, credentials, biographic information, licenses held, and other information delivered to The Member by a Coach.

The information furnished by Coaches is intended for general reference purpose only. The consultation with Coach via Sites cannot and does not replace a meeting with a professional. The Member is encouraged to verify the information furnished by Coaches. Any information on Sites and information furnished by Coaches is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER’S FULL AND SOLE LIABILITY.

In addition, Company cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Coaches.

Company does not control the quality, relevance or accuracy of the advice, whether the Coach is qualified to provide the specific advice, whether the Coach is categorized correctly or in the most appropriate category to provide the advice sought by The Member, the accuracy of any postings on Sites or any transmissions through it by members or Coach.

Sites enables the transfer of files between members and Coaches. When opening such file attachments received from Coaches it is The Member’s responsibility to scan them with an anti-virus software application prior to opening them.

You assume all risk when using The Services, including but not limited to all of the risks associated with any online or offline interactions with others, including consultations with Coaches listed on the Site. Even if we recommend or approve of a Coach, therapist or other related service provider who offers services through Sites, you understand that Company is unable to guarantee the accuracy of information provided to you by or about Coaches, and that Company is unable to confirm that any user is who he or she claims to be. Company does not warrant and is not responsible for ensuring that users of The Services are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through any of The Services.

 

Additional Disclaimers For Coaches

You understand that Company makes no representations, warranties or conditions, whether express, implied or collateral, regarding your compatibility with individuals you meet through the Service or as to the conduct of such individuals. You further understand that Company makes no representations, warranties or conditions, whether express, implied or collateral, as to number or frequency of matches made available to you through the Service. Company makes no representation or warranty whatsoever as to the willingness or ability of users to pay for any coaching services given by the Coach.

As a Coach, you understand that by using The Services, your contact information may be made publicly available on the Internet. You assume all risk when using The Services, including but not limited to all of the risks associated with any online or offline interactions with others, including consultations with Clients procured through the Site. You understand that Company is unable to guarantee the accuracy of information provided to you by prospective Clients, and that Company is unable to confirm that any user is who he or she claims to be. Company does not warrant and is not responsible for ensuring that users of The Services are in compliance with the Terms of Service. You agree to take all necessary precautions when communicating with or meeting individuals through The Services. You further understand that Company makes no representations, warranties or conditions, whether express, implied or collateral, as to number or frequency of client referrals made available to you through The Services.

 

Coach Confidentiality

You agree that all interaction with members shall be respectful and positive, and shall under no circumstances be abusive, derogatory, defamatory, sexist, racist, illegal or false. You shall also keep all information that you learn or discover from any member as completely confidential, and shall not disclose this information to anyone without the permission of member. Exceptions to this are situations where: (a) you are required by law; (b) an imminent risk to someone may be involved; or (c) you have express permission from us.

 

Coach Membership Fees and Renewals Charges

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

In order to provide continuous service, by default Company automatically renews all paid subscriptions on the date such subscriptions expire; however, at any time, Coaches may set their paid subscription to no longer renew. Coaches whose accounts are not renewed on the subscription expiry date are automatically removed from the directory.

By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.

We will automatically bill your credit card and issue a payment confirmation email each pay period. We reserve the right to modify the fees and charges and to introduce new charges at any time, upon at least THIRTY (30) DAYS prior notice to you, which notice may be provided by e-mail.

If you cancel your account prior to the expiration date of your account, the changes to your account will take effect immediately, you won’t be charged again, and you will no longer be eligible for a refund.

Fees for other services will be charged on an as-quoted basis. All prices quoted are in US dollars.

You agree to provide us with complete and accurate billing and contact information. You agree to update this information within THIRTY (30) DAYS of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your Coach membership.

Coaches whose membership accounts are not renewed or have been cancelled are still responsible for any fees owed to Company.

 

Gamification

Sites contains some gamification features such as virtual achievement awards, points, coins, levels and gems. Member agrees that all gamification features are provided for entertainment purposes only, to make Sites more fun and engaging. The gamification features have zero (0) monetary value. They do not represent any affiliate with, nor qualification, recommendation, verification, or endorsement by Company. We reserve the right to modify, reset or remove these features at any time, without notice or compensation to you.

 

References and Links to Third Party Sites

Sites may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, “Links”) are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by the Company of such individuals, companies, entities or  organizations, products or services.

Links to Sites are permitted only in accordance with, and are subject to, our Linking Policy. Without limiting the foregoing, links to Sites may nonetheless be provided from other sites either known or unknown to the Company, and some links to Sites may be unauthorized. Please note that accessing any other website linked to or from Sites is done at your own risk. The Company has not reviewed and is not  esponsible for the content of any third party sites linked to or from Sites and does not make any representations regarding the content or accuracy of materials on such third party sites. The Company is not responsible for the information, materials, or content contained at any website linked to or from Sites.

 

License

With respect to any pictures, information, writings, or other content provided by you in connection with services provided on Sites or otherwise uploaded onto any of our Site’s servers or provided to Company through our Sites (“Your Property”), you hereby grant to Company and its affiliates, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of Company, as set forth above. These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, “Likeness”) in connection with our use of Your Property; and (c) identify you as the source of the Likeness.

You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as contemplated above, or the exercise by the Company of the rights granted to the Company above.

The rights and licenses granted by you with respect to Your Property shall survive the expiration or termination of these Terms of Use for any reason.

 

Additional Terms

These Terms of Use constitute the entire understanding between the parties pertaining to the subject matter hereof and supersede all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof. If any portion of any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed severed from these Terms of Use, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms of Use shall not be affected or impaired, and (iii) these Terms of Use shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms of Use that, by their nature, survive the expiration or earlier termination of these Terms or Use or of Sites, shall continue and remain in full force after the expiration or earlier termination of these Terms of Use or Sites, including without limitation, any provisions regarding indemnification of Company, intellectual property ownership, the disclaimer of any warranties by Company, or the limitation of Company’s liability.

Neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

Unless expressly set forth otherwise, no right or remedy granted by any provision of these Terms of Use is intended to be exclusive of any other right or remedy provided in these Terms of Use or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms of Use, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms of Use, at law, in equity, or otherwise.

 

Governing Law and Jurisdiction

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Sites operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Nassau County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Nassau County, New York, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.