Terms of Use

/Terms of Use
Terms of Use 2017-12-04T14:47:35+00:00

Effective as of December 4, 2017

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND WISEQUIT.COM  (“WE” or “WISEQUIT.COM”).  YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE, AND OTHER WISEQUIT.COM WEBSITES AND SERVICES (COLLECTIVELY, THE “WEBSITE”).

NO MEDICAL, PSYCHIATRIC, OR PROFESSIONAL ADVICE.

This Website is designed for general educational and information purposes only and does not render medical advice, unless otherwise indicated. The information provided through this Website should not be used for diagnosing or treating a health problem or illness. It is not a substitute for professional health care, and is designed to support – not replace – the relationship you have with your health care provider. If you have or suspect you may have a health problem, you should consult your health care provider. Wisequit.com does not provide medical advice or offer medical, psychiatric, or professional opinions online. The articles on this Website are meant to discuss issues of a general nature regarding issues of interest. While we will monitor content as time allows, we are not responsible for the opinions, advice, recommendations, advertising or suggestions of any writer of these articles. Anyone who has a medical problem should contact a physician. Anyone with a serious addiction problem should get medical or therapeutic help. Anyone who feels at risk for suicide should call the emergency number in your country immediately. The function of this Website is to provide information regarding certain treatment facilities, and post relevant articles which we think might be helpful to those seeking treatment. Reliance upon any information found on the Websites, any of our licensors, or any affiliates, rests in the user at the user’s own risk. The Website may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated. The Website, Wisequit.com, our affiliates and licensors are not responsible for such content. You are responsible for complying with applicable laws of the region/country of residence.

TERMS AND CONDITIONS

  1. USER OBLIGATIONS. Subject to Wisequit.com’s right to monitor or audit compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement.  By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website.  In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
  2. PROPRIETARY RIGHTS. The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by Wisequit.com or its licensors.  Any rights granted hereby are expressly licensed.  Wisequit.com does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else.  Accordingly, Your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  The Website and Material is Copyright © 2017 Wisequit.com and/or its licensors.  You must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website.  You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Wisequit.com or its owner if Wisequit.com is not the owner.  Wisequit.com and all other names, logos, and icons identifying Wisequit.com and its products and services are proprietary trademarks of Wisequit.com (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Wisequit.com is strictly prohibited.  Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
  3. LINKS TO OTHER SITES. Wisequit.com may provide links, in its sole discretion, to other sites from which You can access information and/or purchase services from third parties, including but not limited to rehabilitation centers. Wisequit.com is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites.  These sites and services have not necessarily been reviewed by Wisequit.com and are maintained by third parties over which Wisequit.com exercises no control.  Accordingly, Wisequit.com expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.  Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.  In addition, some of the third parties whose websites are featured on Wisequit.com’s Website have paid for their Websites to be prominently displayed on Wisequit.com’s Website.  The prominence of a third party site does not constitute an endorsement by Wisequit.com or a referral by Wisequit.com to the facility promoted on the third party site.  Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including payment and delivery of goods or services, are solely between You and such merchant or advertiser.
  4. FEEDBACK. Wisequit.com welcomes your feedback and suggestions about Wisequit.com’s services or with respect to how to improve the Website.  But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, “feedback”) to Wisequit.com, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to Wisequit.com.  In addition, any feedback received by Wisequit.com will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Wisequit.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
  5. USER GENERATED CONTENT. Our Website may provide an opportunity (each, a “User Content Area”) for participants to express comments and opinions about recovery and treatment and/or upload to the Website user-generated content such as, without limitation, review of treatment facilities (collectively, “User Content”).  To the extent the Website contains any such User Content Area, You hereby agree that You will not upload, post, display, or transmit any of the following in any User Consent Area:
  • User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
  • User Content that is offensive to the online community, including, without limitation, expressions of obscenity, bigotry, racism, abusiveness, vulgarity or profanity;
  • User Content that violates any law or engages in any activity that would constitute any criminal offense or give rise to any civil liability;
  • User Content in which you impersonate any person or entity, including, but not limited to, any employee of Wisequit.com or any treatment center, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • User Content that interferes with any other user’s right to privacy;
  • User Content, software or other materials which contain a virus or other harmful or disruptive component;
  • Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam” or any other form of solicitation;
  • User Content that violates some other contractual or fiduciary rights, duties, or agreements by which you are bound; or
  • User Content protected by copyright, trademark, trade secret, rights of publicity or other proprietary right of any third party (collectively, “Third Party Rights”) without the prior express written permission of the applicable right holder.  The burden of determining that all User Content is not subject to any Third Party Rights rests exclusively with You under all circumstances.  Accordingly, You shall be solely liable for any damage or costs resulting from any User Content that actually or allegedly infringes any Third Party Rights. Any person determined by Wisequit.com in its sole discretion to have violated any Third Party Rights may be barred from submitting or posting any further User Content;
  • With respect to Reviews, Users may make only a single post (review) and may not make alternate accounts to duplicate or “respond to” posts.

You represent and warrant that, with respect to any User Content You submit to the Website, the User Content is factually accurate and/or represents Your honest opinions and beliefs. You agree that Wisequit.com has not and will not compensate You for your User Content.  You represent and warrant there is no connection, association, or affiliation between You and Wisequit.com or any treatment center or other third party referenced in your User Content.

Wisequit.com hereby reserves the right to edit, modify and/or remove any User Content posted, submitted, and/or uploaded on the Site in its sole discretion. You hereby agree that the foregoing restrictions set forth in this Section 8 shall also apply to your use of any content generated through the Website on any social media page.  Moreover, you hereby agree that you are solely responsible for any liability arising from or related to your use of any User Content Area and/or your use of any User Content or other content generated through the Website.

User Content does not reflect the opinion of the staff at Wisequit.com, its executives, or its shareholders, and are not endorsed by Wisequit.com. While we make efforts to review and moderate the forum in order to remove objectionable material, we do not purport to be able to remove all objectionable content in a timely manner, if ever.

  1. REPRESENTATIONS AND WARRANTIES. You represent and warrant to Wisequit.com that (i) You are at least the legal age of majority in your state of residence, (ii) You are authorized to enter into this Agreement, (iii) You will access and view the Website and the Materials for your personal, non-commercial use only; (iv) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of Wisequit.com or any third party; (v) any information or data provided to Wisequit.com by You will not violate any law or regulation or infringe the rights of Wisequit.com or any third party; (vi) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vii) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
  2. WARRANTY DISCLAIMERS. THE WEBSITE AND MATERIALS ARE PROVIDED “AS-IS.” WISEQUIT.COM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. WISEQUIT.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WISEQUIT.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
  3. LIMITATION OF LIABILITY. Wisequit.com shall have no responsibility to provide You access to the Website.  You acknowledge and agree that Wisequit.com shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond Wisequit.com’s control, including, but not limited to, offers or promotions made available on the Website, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else.  You specifically acknowledge that Wisequit.com shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.  MOREOVER, YOU AGREE THAT IN NO EVENT SHALL WISEQUIT.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WISEQUIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF WISEQUIT.COM FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF WISEQUIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.
  4. INDEMNIFICATION. You agree to release, discharge, defend, indemnify and hold harmless Wisequit.com and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms of Use by You, including breaches arising from Your use of the information obtained through the Website.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed through the Services or related website(s).
  5. COPYRIGHT INFRINGEMENT POLICY AND TAKE DOWN PROCEDURES. If You have a good faith belief that Your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Wisequit.com by providing the following information:
  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed.  If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that Wisequit.com may find it on the Website;
  • Your address, telephone number, and email address;
  • A statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
  1. No Class Actions. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST WISEQUIT.COM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
  2. GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the CA, U.S.A., as applied to agreements entered into and completely performed in the CA.  Any claim You might have against Wisequit.com must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred.  In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.  You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form.  Please contact Wisequit.com by emailing us at contact@recoverybrands.com if You wish to receive a printed copy of this Agreement.
  3. ENFORCEMENT. Wisequit.com wishes to maintain the Website as a helpful resource for all of its users.  As it relates to Wisequit.com, You therefore have no reasonable expectation of privacy while using the Website because Wisequit.com reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary.  Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Wisequit.com for use of or with the Website.  Moreover, You also acknowledge that any breach, threatened or actual, of this Agreement by You may cause irreparable injury to Wisequit.com and/or its licensors, such injury would not be quantifiable in monetary damages, and Wisequit.com and/or its licensors would not have an adequate remedy at law.  You therefore agree that Wisequit.com and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.  Accordingly, You hereby waive any requirement that Wisequit.com or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Wisequit.com to enforce any provision of this Agreement.
  4. PRIVACY. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Website.
  5. TERMINATION. Wisequit.com also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with You (including any registered account) in order to protect its name, business, or goodwill and/or any other user.  You acknowledge and agree that Wisequit.com shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement.  Wisequit.com shall also not be responsible or liable for any damages or loss as a result of any termination of this Agreement in accordance with this section.  You may also terminate at any time by ceasing to use the Website.  But, all applicable provisions of this Agreement will survive termination, as outlined below.  Any licenses from Wisequit.com and any right to use the Website shall immediately cease upon termination of this Agreement.  The provisions concerning feedback, Wisequit.com’s ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.
  6. MISCELLANEOUS. The relationship between You and Wisequit.com is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee.  You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Wisequit.com’s prior written consent.  Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement.  Notwithstanding the foregoing, Wisequit.com may assign this Agreement in whole or in part.  Moreover, Wisequit.com may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement.  Failure by Wisequit.com to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of that or any subsequent default or failure of performance.  In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.  Headings are for convenience only and have no legal or contractual effect.  This Agreement and Wisequit.com’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Wisequit.com with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Wisequit.com with respect to the Website.  Any rights not expressly granted herein are reserved by Wisequit.com.  Please note that Wisequit.com reserves the right to change the terms and conditions of this Agreement and by which the Website is extended to You by providing You in writing or electronically a copy of such revised terms (or notice thereof). Wisequit.com also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Website at any time.  Your continued use of the Website following any such change to such Website will be deemed acceptance to be bound by any such change to this Agreement or the Website.