Last updated: September 21, 2015
You also acknowledge and agree that we may modify this Agreement at any time, in our sole discretion, that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this Site. You agree that you will review this Agreement regularly, so that you are aware of and agree to any and all modifications made to this Agreement. If You object to any such changes, Your sole recourse will be to cease using the Site and Services. Use of our Site or Services after updates are posted and effective constitutes acceptance of any changes.
Facing Addiction may also add, change, discontinue, remove or suspend any of the site materials or Services at any time, without notice.
Lawful Use and Age Restriction
Use of this site and our Services is intended for residents of the United States over the age of 13. By using our Site, You represent that You are at least 13 years old. You agree to use the Services only as lawful in the United States, and the relevant jurisdictions and subdivisions thereof.
If you are a resident of another nation, your use of this Site is conditioned upon (1) your representation that your use of the Site and the Services is legal under the legal system applicable to you, (2) your agreement to use the Site and Services only in a manner that complies with any law applicable to you, and (3) your specific indemnification of Facing Addiction against claims arising under the legal system applicable to you.
Not Medical or Legal Advice
Any information provided on this Site, including outreach resources, health information or legal and policy information, is strictly for informational purposes only. You should not use any information contained herein for diagnosing a health or fitness problem or disease and it is not a substitute for professional medical advice. You are hereby advised to consult with a physician or other professional health care provider prior to making any decisions or taking (or not taking) any actions related to any health care problem or issue you might have at any time, now or in the future. Similarly, nothing on this site is a substitute for legal advice, and nothing on this site is intended to create or constitute a lawyer client relationship. In using the Site, you agree that neither Facing Addiction, Inc. nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented on this site.
The Site, the software, code, proprietary methods and systems used to provide the Site or Services and all content, features and functionality (including all text, displays, images, video and audio, and the design, selection and arrangement thereof) thereof are (1) copyrighted by Facing Addiction and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by Facing Addiction or its licensors. No Site materials or content may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.
We hereby grant You a limited, non-exclusive, non-transferable license to access the Site and use the Services solely for personal use as permitted under this Agreement. You understand and acknowledge that the Site and Services are the property of Facing Addiction, and You may not prepare derivative works of, modify, distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner the Services, the Site or any underlying materials, software, technology or other information unless expressly authorized hereunder.
We reserve the right, in our sole discretion, to deny use of the Site or Services to anyone for any reason. You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party’s access to all or part of the Site or Services, or change or discontinue any aspect or feature of the Site or Services (including, without limitation, discontinuing the Site in its entirety); and that, without limitation of any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the Site, Services, this Agreement, or any threats to the personal safety of our employees, Facing Addiction members, users of the Site or the public.
You agree not to use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You. You agree not to use the Site or Services in any manner that: (a) violates any local, state, national or international law; (b) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another individual; (c) collects or stores personal data about other users without their consent, or otherwise prepares, compiles, uses, downloads or copies any user information and/or usage information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (d) impersonates any person or entity, misrepresents Your affiliation with a person or entity, or otherwise creates a false identity for the purpose of misleading others; (e) infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; (f) is vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; (g) advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party; (h) promotes sexually explicit or pornographic material or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or (i) constitutes unsolicited or unauthorized advertising, junk or bulk email (spam), chain letters, or any other unsolicited commercial or non-commercial communication.
While Facing Addiction retains the right to monitor and supervise user forums and other interactive features and filter content, Facing Addiction is under no obligation to do so and assumes no responsibility or liability arising from the content of the site, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any content within the site. Information posted or views expressed by Site users do not necessarily reflect the views of Facing Addiction, and are not endorsed by Facing Addiction.
You may not interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, interfere with or disrupt or inhibit others’ use of the Site or Service, including through the upload or other transmission of any malicious content or code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment or use any robot, spider, or other such programmatic or automatic device to obtain information or scrape from the Site or otherwise monitor or copy any portion of the Site, products and/or Services.
If You submit or otherwise provide information to Facing Addiction, such information must be true, accurate, current and complete, and You shall maintain and promptly update such information to keep it true, accurate, current and complete, and the truth, accuracy, currency and completeness of such information is a condition to Your use of the Site and Services. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your use of the Site or Services (or any portion thereof).
By transmitting your content to the Site or Facing Addiction, you are granting to Facing Addiction an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise use in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Facing Addiction is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Site or Facing Addiction, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise in connection with products and/or services using such User Content, and without remuneration of any kind to you. You further perpetually and irrevocably grant Facing Addiction the unconditional right to use your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you other than as provided for herein. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you, to the greatest extent allowed by applicable law.
You acknowledge and agree that Facing Addiction may, but is not obligated to, review, monitor, display, archive, maintain, accept, profit from, delete, move, re-format, edit, alter, distort, remove, block or use User Content at any time and without notice to you as it deems fit. You also agree and understand that Facing Addiction is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any further or derivative use of it. Your access to the Site and Services shall be the sole consideration for your User Content. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (b) all of your User Contributions do and will comply with these Terms.
Complaints or Copyright Infringement Notification
Facing Addiction takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. We also reserve the right to disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
If you believe that any of the material that is or was on our Site infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please e-mail [email protected]
You may notify us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with all of the following information:
1. The electronic or physical signature of the copyright owner, or the person or entity authorized to act on behalf of the copyright owner.
2. A specific description of the copyrighted work claimed to be infringed. If multiple copyrighted works exist on a single online site, you may provide a representative list of such works at that site.
3. A specific description of where the copyrighted work claimed to be infringed exists (including the specific web page address on this site).
4. A specific description where the original or an authorized copy of the copyrighted work exists (including, for example, a specific Web page address not on this site).
5. Your name, address, telephone number and, if available, your e-mail address.
6. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, the person or entity authorized to act on behalf of the copyright owner, or the law.
7. A written statement by you, made under penalty of perjury, that all of the above information is accurate, and that you are the copyright owner or the person or entity authorized to act on behalf of the copyright owner.
Facing Addiction’s designated agent for notices of claims of copyright infringement may be reached at: Copyright, Facing Addiction Inc., 100 Mill Plain Road, 3rd Floor – Danbury, CT 06811, 203.546.3420 and [email protected]
You should be aware that under the DMCA claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the of the alleged infringing material, court costs, and attorney’s fees.
Privacy and Security
Disclaimers of Warranties and Limitations of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. FACING ADDICTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, SECURITY, RELIABILITY, ACCURACY OF DATA AND SYSTEM INTEGRATION. FACING ADDICTION MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS).
YOU ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL FACING ADDICTION OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
To the extent permitted by law, you agree to indemnify, defend and hold harmless Facing Addiction, its officers, employees, directors, affiliates, agents or partners from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information You submit, post or transmit through the Site or Services, (b) Your use of the Site or Services, (c) Your violation of this Agreement, or (d) Your violation of any rights of any other person or entity. We reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defenses.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.
Facing Addiction with NCADD, Inc.
217 Broadway, Suite 712
New York, NY 10007
Office Phone: 212.269.7797
Email: [email protected]