TERMS OF USE
Welcome! You have arrived at a website and/or are otherwise interacting with our services, which is owned and operated by Clean & Sober Media, LLC(“Company”).
- Agreement to Terms of Use
These Terms of Service (“Terms” or “Agreement”) govern your use of our Website from any locations. It also applies to your use of all features, applications, content, downloads and/or other services we own and control and make available through this website, regardless of how you access or use it, whether via computer, mobile device or otherwise (collectively, the “Website”). By using the Website, you acknowledge and accept the Website’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. By interacting with and/or using the Website, you signify your assent and agreement to these Terms. If you do not agree to these Terms, please do not use the Website.
This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
You should read these entire Terms; but here is a partial list of some of the terms that we want to bring to your initial attention in the event you are on a smart phone or other device with a small screen. Capitalized terms have the meanings given to them where defined in these Terms. Each time you use the website, the Terms below, and any applicable additional terms then posted apply, so you should check back each time you return for any updates.
- You may only use the content on this Website in connection with your permitted activities on the Website.
- Except as set forth in the Privacy Policy that applies to the Website, we do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Website or your communications to us through or related to the Website.
- You consent to our Privacy Policy, Privacy Practices for Protected Health Information, and our practices detailed in them.
- We are providing the Website to you on an “as-is” basis, without any warranty of any kind, and our liability to you in connection with your use of the Website is very limited. Many other limitations and disclaimers relate to your use of the Website.
- Changes to Terms of Use
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on our website (the “Website”). Any use of the Website after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the dispute arose.
PART 1. Terms Governing Use of the Website
- Emergencies
This website is not an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial “911” or an appropriate emergency responder. company is under no obligation to monitor or respond to communications made to this website.
- Age Limitations
This Website is intended and only suitable for persons 18 years of age and above. Some of the content on this website may not be appropriate for children. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our website. Company hereby disclaims all liability for use by individuals under the age of 18.
- Information on this Website is Not Professional Advice; INFORMATION ONLY
All data, information, text, graphics, links, and other material on this website are provided as a convenience to our website visitors. The information provided on this website is for general informational and educational purposes only. The information provided on our website is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this website does not constitute the provision or practice of medical or professional health care advice or services. Also, the use of this website does not automatically entitle or guarantee you services of a licensed healthcare professional.
Company does not warrant that the information contained in this website is complete, accurate, current or reliable. Company makes no representations or warranties, express or implied. This information is not intended to be, nor should it be considered, professional medical or legal advice. You should contact your physician or other health professional for advice concerning a particular condition or concern.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this website or other websites linked to or from it.
If you think you may need professional help or intervention, please call your doctor, sponsor or 911 immediately. Rehabreviews.com does not recommend or endorse any specific tests, programs, physicians, facilities, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by Rehabreviews.com, its employees, other contributors to the Site or other visitors to the Site is solely at your own risk.
- Restricted Use
You may use this website only to the extent that you obey all laws, rules, and regulations applicable to your use of this website. Please do not share any Personal Information about another person, without the person’s consent. For the purpose of this Terms of Use, Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual.
- Common Ownership of Rehabreviews.com and its History
In these Terms of Use and on this website we use the terms “Company,” “we,” “us,” or “our” to describe Clean & Sober Media LLC (“Company”). The Company is under common ownership with TheFix.com, Rehabreviews.com, Carrara Treatment and Wellness Spa, Carrara II, Carrara Beach House, and 1 Method Corp. (also known as One Method Center, 1METHOD Treatment Center, and 1METHOD Center). These entities under common ownership are our affiliated entities.
RehabReviews.com was initially launched in 2013 as AfterPartyChat.com by Anna David and After Party Chat, LLC. On February 27, 2014 Clean & Sober Media, LLC, which was previously under common ownership with Cliffside Malibu and its affiliate organizations (collectively Cliffside), providers of substance abuse treatment services, acquired AfterPartyChat.com and certain other assets related to it from Anna David and After Party Chat, LLC. The name of the website subsequently was changed to RehabReviews.com in 2015. As of June 15, 2018, Clean and Sober Media, LLC is no longer under common ownership with Cliffside Malibu.
- Your Privacy
Upon acceptance of these Terms you confirm that you have read, understood, and accepted Company’s Online Privacy Policy.
- Transactions
If you wish to purchase services described or linked to on the website (each such purchase, a “Transaction”), the third-party or affiliated provider of the service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. Rates for products and services advertised or offered by third parties may be obtained by contacting the third-party or affiliated party directly.
- Monitoring
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the website, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
- Submissions
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to Rehab Reviews through the Site or by email to info@rehabreviews.com (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 Company and its affiliated entities, 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 Company 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 these Terms of Use.
By making a Submission, you waive the right to make any claim against the Company or Rehab Reviews 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.
Company, Rehabreviews.com 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 or your Submission 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 Rehabreviews.com 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) Company and Rehabreviews.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive 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. Company and Rehabreviews.com 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 Company or Rehabreviews.com or submit them to the Public Areas or to Rehabreviews.com by email.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Rehab Reviews 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 of Use; 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 of Use.
Any Submission will be deemed public information and not subject to any confidentiality obligation, and Company nor Rehabreviews.com shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, our Privacy Policy shall govern Company’s use of such information. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, these Terms of Use shall govern.
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 an Rehab Reviews 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 Rehab Reviews 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 the Company, 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.
- Copyright Notice
This website is owned and operated by Company. The entire contents and design of the site are protected by U.S. and international copyright law. Company and its licensors retain and reserve all proprietary rights to the contents of this website.
We are pleased to provide you with the reviews on this site. The content on this site is intended to provide transformative commentary and helpful review of existing rehabilitation treatment centers around the world. This Company respects the intellectual property of others. Any failure to provide proper attribution to copyrighted content is entirely inadvertent. This site, and the reviews contained herein, are not intended to negatively impact any third-party nor the market for rehabilitation, med-spa, medical, mental health, or substance abuse services.
If you believe that your intellectual property rights are being infringed, please follow our notice and procedure protocal for making claims of copyright infringement by sending Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@rehabreviews.com. When we receive a complete and valid takedown notice, we remove the content as the law requires.
You agree not to download, share or otherwise use others’ copyrighted content, including our own, without proper authorization. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this website only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2019. All rights reserved.” Any other use of the website or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms, your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
- Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this website infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@rehabreviews.com.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
- Trademark Notice
Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the website are the property of their respective owners.
- Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Pictures
It is the Company’s policy to obtain any required permission for use of the pictures included in this website. In the event a picture has been included for which permission was not granted, it is through inadvertence and the picture will be removed upon receipt of notice. Please submit such request at info@rehabreviews.com
Part 2: Additional Legal Terms
- Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this website will be in compliance with our Terms.
- No Warranties
Use of this Website at your Own Risk – You expressly agree that your use of RehabReviews.com is at your sole risk.
To the maximum extent permitted by appliable law, the website and services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, content, services to be used, referrals, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from company or through this website will create any warranty not expressly stated herein. Without limiting the foregoing, company, any affiliated company entity, their processors, providers, licensors (and their respective subsidiaries, affiliates, agents, directors, officers, employees, contractors, and representatives) (collectively “company parties”) do not warrant that the content is accurate, reliable or correct; that this website will meet your requirements; that this website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that this website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this website is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.
Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this website or any hyperlinked website or service, or featured in any banner or other advertising, and company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
- Indemnity
By visiting this website, you agree to indemnify, defend, and hold harmless company, and company parties from and against all claims, actions, demands, liabilities, judgments, settlements, costs, losses, damages, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this website, including, without limitation, any claims for defamation, violation of publicity or privacy, copyright or trademark infringement resulting from your submissions of any content, tagged content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised company of the possibility of such claim.
- Limitation of Liability and Damages
The user’s sole remedy for dissatisfaction with the website and any of its services is to stop using the website or service. You agree that under no circumstance shall any of company parties be liable for any damage resulting from your use or inability to use this website or the materials on this website. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.
- Disputes
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at editors@reahbreviews.com, richard@carraratreatment.com and with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.
- Binding Individual Arbitration
You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this agreement will only be on a individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action against company. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
- Jurisdiction
Information provided on Company’s website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This website is a service provided by Company and does not constitute any contact with any jurisdiction outside the State of California. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use this website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.
- Requests for Information
If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.
- Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
- Links to Other Websites
Company website may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our website to another website, our Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
- Downloadable Files and Email
Company cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the website or Services.
- Notice for California Users
If you have a question or complaint regarding the Services provided to you by Company please contact us at info@rehabreviews.com to receive further information regarding the services or to resolve the complaint. You may also contact the Department of Health Care Services
Licensing and Certification Division, P.O. Box 997413, MS 2601, Sacramento, CA 95899-7413 Toll Free (877) 685-8333, Fax: (916) 440-5094, E-mail: sudcomplaints@dhcs.ca.gov.
- Assignment
You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.
- Survival
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including, but not limited to, indemnity and limitation of liability clauses, shall survive.
- Waiver
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Notices
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method. All notices from you of any kind must be emailed to info@rehabreviews.com“>.
- Severability
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
- Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
- Conflicting Terms
Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
- Contact Information
Please contact us with any questions or concerns regarding this Agreement at: info@rehabreviews.com.