I. Prohibited uses of Recovery Library
The individual membership is designed for the person in recovery and family members. The team membership is designed for professionals supporting clients in recovery.
B. Infringement of copyrights and other proprietary material
The Recovery Library contains copyrighted material and other proprietary information, which may include text, software, photographs, video, graphics, images, music and sound (collectively “Proprietary Material”). You agree that you will not use Recovery Library to infringe upon or misappropriate the rights of any party to their Proprietary Material. You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, reverse engineer, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, or permit any third party to do so, except as expressly permitted by these Terms.
Your Recovery Library membership gives you a limited license to use Recovery Library materials, including Proprietary Materials, for educational, training and/or therapeutic purposes within your organization, and such license does not entitle you (i) to edit or modify any of the materials or to incorporate them into any other work or (ii) to transfer, sell, license or otherwise make available any of the materials to a third party, either for free or for payment, without PDA’s prior written consent. That means:
- You may not upload Recovery Library licensed content to public video sharing sites such as YouTube or Vimeo.
- You may not upload Recovery Library content to your organization’s website.
- You may not resell Recovery Library content.
- You may not share or give Recovery Library licensed content to others who are not Recovery Library members, except that members who are medical professionals, care providers, counselors or therapy group leaders may copy and share materials with staff, patients and group members for training, educational and therapeutic purposes. If you wish to share materials with anyone else, ask them to join Recovery Library.
- You may not alter Recovery Library licensed content. For instance you may not translate the content, add or remove words from a document, edit a video or incorporate a video into another work.
Your Recovery Library membership does not give you a license to, or any other rights in, the Proprietary Materials of PDA or any third party, except for the limited rights of use specifically set forth in these Terms. All rights not expressly granted to you in these Terms are reserved by PDA and its licensors.
C. Interference and unauthorized access
You agree that you will not: (a) attempt to circumvent user authentication or the security of any account; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of Recovery Library; or (c) take any action that imposes an unreasonable or disproportionately large load on Recovery Library’s infrastructure. If you in any way violate any system or interfere with network security you may incur criminal or civil liability. PDA will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
D. Inappropriate comments
PDA reserves the right to moderate, edit and/or remove any comments you may post on the Recovery Library website for any reason in its sole discretion, including any comments deemed insulting, abusive or defamatory.
E. Prohibition against disclosure of protected information
You acknowledge and agree that your membership does not permit you to disclose, upload, share, furnish, or otherwise provide any information to Recovery Library in violation of applicable laws, rules, and regulations, including without limitation information protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or federal law protecting substance abuse treatment records.
II. Disclaimers about Recovery Library
PDA IS NOT A HEALTH CARE PROVIDER AND IS NOT PROVIDING MEDICAL ADVICE, MENTAL HEALTH COUNSELING, OR ANY OTHER ADVICE OF ANY KIND. RECOVERY LIBRARY AND ITS CONTENT IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE OR COUNSELING OF PHYSICIANS AND OTHER PROFESSIONAL HEALTH ADVISORS, AND SHOULD NOT BE USED TO DIAGNOSE OR SELECT TREATMENT FOR ANY HEALTH CONDITION OR FOR ADVICE ABOUT THE USE OF MEDICATIONS. RECOVERY LIBRARY CONTENT IS TO BE USED FOR EDUCATIONAL PURPOSES ONLY. ANY INFORMATION OF ANY KIND, INCLUDING MEDICAL INFORMATION, THAT YOU OBTAIN BY USE OF RECOVERY LIBRARY, AND ANY PRODUCTS AND CONTENT AVAILABLE ON OR THROUGH RECOVERY LIBRARY, ARE USED AT YOUR OWN RISK.
RECOVERY LIBRARY IS OFFERED AS AN EDUCATIONAL RESOURCE TO MEMBERS AND PDA DOES NOT ACT ON BEHALF OF ANY MEMBER BY VIRTUE OF MAKING RECOVERY LIBRARY AVAILABLE FOR USE. PDA DOES NOT RECEIVE, CREATE, MAINTAIN OR TRANSMIT ANY INFORMATION ON BEHALF OF A MEMBER, AND UNDER NO CIRCUMSTANCE SHALL PDA BE DEEMED TO BE ACTING AS A “BUSINESS ASSOCIATE” OF A RECOVERY LIBRARY MEMBER AS THAT TERM IS DEFINED BY HIPAA.
RECOVERY LIBRARY AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND PDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION.
PDA DOES NOT WARRANT OR GUARANTEE THAT (1) RECOVERY LIBRARY IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) RECOVERY LIBRARY WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICE WILL NOT CONTAIN DEFAMATORY OR OFFENSIVE STATEMENTS; OR (5) THE WEBSITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, EACH MEMBER ORGANIZATION IS SOLELY RESPONSIBLE FOR OBTAINING THE NECESSARY CONSENT(S), AUTHORIZATION(S), OR OTHER PERMISSION(S) UNDER APPLICABLE LAW OR REGULATION FOR THE ADDITION OF NEW MEMBERS TO SUCH ORGANIZATION IN RECOVERY LIBRARY, AND RECOVERY LIBRARY EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR A MEMBER ORGANIZATION’S FAILURE TO OBTAIN SUCH CONSENT, AUTHORIZATION, OR OTHER PERMISSION.
Recovery Library may from time to time contain links to other websites. Unless otherwise noted, PDA is not affiliated with such websites, and if you use these links, you will leave the Recovery Library website. PDA is not responsible for the policies, privacy practices or the content of such websites.
III. Your liability to PDA if you breach these terms and limits on PDA’s liability to you
A. Your indemnification of PDA
By indicating your acceptance of the Terms, and/or by using the Recovery Library, you agree to indemnify, defend and hold harmless PDA and its officers, managers, employees, successors, licensees, assigns, agents, and advisors (collectively the “PDA Parties”) from and against any and all claims, damages, demands, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees and expenses, arising out of or related to (i) your breach of these Terms; (ii) your use or misuse of Recovery Library; and (iii) your violation of any law or the rights of another party.
B. Limitation of PDA’s liability to you
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided in these Terms, IN NO EVENT WILL THE PDA PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF RECOVERY LIBRARY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE PDA PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED USD$500.
IV. General terms
B. Termination of your right to use Recovery Library by PDA
PDA reserves the right to refuse access to Recovery Library for any reason. Also, PDA may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if: (a) you breach any of these Terms; (b) PDA is unable to verify or authenticate your log-in information; or (c) PDA believes that your actions may cause legal liability to any person or entity. This is in addition to any other remedies PDA may have.
C. Cancellation of your membership by you
You may terminate your Recovery Library membership at any time by giving notice to PDA, provided that no portion of your membership fee is refundable.
D. Changes to Recovery Library and suspension of access
PDA may, at any time and for any reason, (i) change Recovery Library or any part of it, including any content, or (ii) restrict the use of Recovery Library or any part of it, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. PDA may, at any time and for any reason, cancel or suspend access to Recovery Library or any part of it, including as a result of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of Recovery Library.
Any dispute or claim arising out of or relating to these Terms or your use of Recovery Library will be settled by arbitration administered by the American Arbitration Association in accordance with its rules. Any arbitration will occur in the Commonwealth of Massachusetts unless otherwise agreed by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court in the Commonwealth of Massachusetts having jurisdiction.
F. Governing law and venue
These Terms and their validity, construction and performance will be governed exclusively by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions, and, subject to the Arbitration section above, any action relating to these Terms will be brought in the state and federal courts located in the Commonwealth of Massachusetts. You irrevocably agree to accept the exclusive personal jurisdiction of such courts and waive any objections to such venues, including for the purposes of enforcing the Arbitration section above.
G. Enforceability; Survival
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. All terms and conditions of these Terms which by their nature are meant to survive the termination of your use of Recovery Library will survive such termination.
H. Changes to these terms
PDA may change certain provisions contained in these Terms from time to time and will notify you of any such changes. Your use of Recovery Library following notification of any such changes will constitute your acceptance of such changes. Only an authorized representative of PDA has the authority to propose, or to bind PDA to, changes to these Terms.
Questions or any other communications regarding these Terms should be directed to PDA’s Compliance Officer either by (i) sending an email to firstname.lastname@example.org or (ii) writing to Pat Deegan PhD. & Associates, LLC, P.O. Box 208, Byfield, MA 01922 USA, Attn: Compliance Officer.