Terms of Use
I. You acknowledge that PDF Health LLC, through the RecoveryArc website, does not provide medical nor healthcare advice. The content distributed through the RecoveryArc Web Site is for educational and entertainment purposes. only.
II. You acknowledge that you are accessing the RecoveryArc website by your own choosing and that you have consulted with your healthcare provider prior to accessing this site or using any of the information you obtain through the RecoveryArc website.
III. You acknowledge that you are accessing the RecoveryArc website at your own risk.
IV. PDF Health LLC does not make any warranties about the RecoveryArc website. The RecoveryArc website is provided “As-Is.” PDF Health LLC disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. PDF Health LLC does not make any warranty that the RecoveryArc website will be free of errors or that access to the RecoveryArc website will be continuous or uninterrupted. You understand that access of the RecoveryArc website is at your own discretion and risk, without any direction, control, or inducement by PDF Health LLC.
In exchange for use of the RecoveryArc website and by use of the RecoveryArc website, you and PDF Health LLC, a Colorado limited liability company (“PDF Health,” the “Company,” or “We”), agree to the following terms of use (the “Agreement”). “RecoveryArc” website refers to the internet domain and its associated HTML development located at “www.recoveryarc.com” and “recoveryarc.com.” “You” shall mean the person or entity executing and/or accepting this Agreement. You and PDF Health LLC may be referred to herein individually as “Party” or collectively as the “Parties.”
RECOVERYARC DOES NOT PROVIDE MEDICAL ADVICE
The RecoveryArc website is an accessible internet domain (“www.recoveryarc.com”) which provides information about addiction and treatment. The RecoveryArc website is for health educational purposes and entertainment only and should not be construed as, nor replace, medical or healthcare advice. You agree to consult your healthcare provider before making use of any of the information contained within the RecoveryArc website.
Content through the RecoveryArc website will discuss levels of psychiatric and addiction treatment. Through accessing the content provided via the RecoveryArc website, you are not, herein, receiving any of those levels of treatment and should seek out appropriate medical or clinical advice to engage in such levels.
Any direct contact conducted with Patrick D. Fehling, MD will be at the discretion of Patrick D. Fehling, MD LLC. It may be possible for a bona fide doctor patient relationship to develop through such contact, but this would require consent and agreement according to medical practice laws for the State of Colorado and standards of care according to the State of Colorado Medical Board. If a legally substantiated doctor-patient relationship is formed, all management, healthcare advice, confidentiality, and liability will transfer to Patrick D. Fehling, MD LLC and the associated medical license of Patrick D. Fehling, MD. PDF Health LLC will assume no liability for any such medical practice conducted through Patrick D. Fehling, MD LLC and vice versa.
Through usage of the RecoveryArc website, it may be possible for other people to gain knowledge of your use of this website. This could occur as a result of social media linkages through platforms including, but not limited to, Facebook, Twitter, LinkedIn, and Reddit. No acknowledgement of active health conditions nor breach of confidentiality will be construed through such social media linkages. By using the RecoveryArc website, you are not necessarily acknowledging the presence of any ICD10 identified health conditions such as alcohol use disorder or other chemical dependency issues.
You acknowledge that the RecoveryArc website is not a substitute for professional medical or healthcare advice, diagnosis, or treatment. “RecoveryArc website” means any content available by PDF Health LLC to users through the Internet, whether provided through a web page or service or available for download. Such content shall include any text, graphics, videos, podcasts or audio content, and all other information, whether created by PDF Health LLC or a third party.
You acknowledge that, unless otherwise stated, any RecoveryArc content is the property of PDF Health LLC and is protected by State and Federal copyright, trademark, and intellectual property laws and other international laws and regulations.
THIS WEBSITE IS NOT FOR EMERGENCY PURPOSES
You agree to call 911, your doctor, or another healthcare provider in the case of a medical emergency. Examples of medical emergencies may include suicidal thought or intent, dangerous drug or alcohol use, or any other such health emergency. You understand that RecoveryArc is not for use in any emergency situations. You agree to not hold PDF Health LLC or its affiliates responsible for adverse medical or health outcomes experienced during a period of time after you have utilized the RecoveryArc website.
THIS WEBSITE IS NOT SUITABLE FOR MINORS YOUNGER THAN 18 YEARS OF AGE
You represent and warrant that you are not a minor and are over the age of 18 upon your first access of the RecoveryArc website. For specific content on the RecoveryArc website designated for “Family” purposes, including the Family Recovery Arc course and any other comparable material, it is understood by PDF Health LLC that this will include legal adults who may share the content with a minor. You agree, as the legal adult and designated user, that any sharing of content material from the RecoveryArc website to a minor is at your own discretion. You assume any risk for this sharing of material to a minor.
YOUR ACCOUNT INFORMATION
You agree to safeguard your account information, including password, identifying information, and other personal or financial information (collectively, “Account Information”). You agree to control the dissemination of your Account Information, monitor and control access to such Account Information, and promptly inform PDF Health LLC if you believe your Account Information has been compromised. You grant to PDF Health LLC the limited right to store, transmit, and use your Account Information in connection with operation of the RecoveryArc website. PDF Health LLC does not guarantee the protection of your Account Information. PDF Health LLC will not disclose, sell, or otherwise transfer your Account Information to any third party without your permission.
PAYMENT TERMS AND FEES
Fees for use of the RecoveryArc website are described and outlined in the available content. Fees are subject to change at the express discretion of PDF Health LLC for any reason and at any time. In agreeing to subscribe to a specific service or product as sold through the RecoveryArc website, You authorize PDF Health LLC to charge such fees to the credit card account which You identify when You purchase said product or service. This Agreement shall automatically continue, subject to the Terms & Termination provision below.
All courses offered by PDF Health LLC carry a 30-day money back guarantee. If you are unhappy with the content of a course for any reason, you may request a refund of the price paid by emailing PDF Health LLC within the 30-day time frame. The specific email of record for such communication is noted as pdfehling@52.38.27.129. PDF Health LLC will refund your payment amount within thirty (30) days of your request. Please note that the RecoveryArc website reserves the right to suspend or terminate your right to purchase future course materials and refuse or restrict your right to current or future use of RecoveryArc products in the event that PDF Health LLC determines that there has been abuse of this refund policy.
TERMS AND TERMINATION
The terms of any purchase or enrollment of products or services are for a length as specified in the RecoveryArc website. You are not required to enter into a long-term contract, and you can terminate this Agreement at any time. PDF Health LLC can terminate only if you breach a provision of this Agreement. If your account is terminated, PDF Health LLC can delete your Account Information from the RecoveryArc website.
This Agreement shall remain in full effect until terminated by either you or PDF Health LLC in accordance with this Agreement. You may terminate this Agreement at any time by providing written notice (electronic or otherwise) to PDF Health LLC. The Company may terminate this Agreement at any time upon your breach of a provision contained herein. Your rights automatically and immediately terminate without notice from the Company or any third party if you fail to comply with any provision of this Agreement. Should your account remain terminated, PDF Health LLC shall have the right to remove or delete your Account Information from the RecoveryArc website, without providing any notice.
INTELLECTUAL PROPERTY, CONFIDENTIALITY, AND PROPRIETARY INFORMATION
PDF Health LLC retains all title to the RecoveryArc website, to any intellectual property associated with the RecoveryArc website, and to any copy of the RecoveryArc website cached or otherwise provided to you. You acknowledge that (a) the RecoveryArc website contains proprietary information that is protected by applicable intellectual property and other laws, and (b) PDF Health LLC and/or third parties own all right, title, and interest in and to the RecoveryArc website and its content, that may be presented or accessed through the RecoveryArc website, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide and/or at the state or federal level.
You agree that you will not, and will not allow any third party to, (i) copy, license, distribute, sell, transfer, adapt, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the RecoveryArc website or content that may be presented or accessed through the RecoveryArc website for any purpose, unless otherwise permitted herein, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed, or enforced by any functionality (including without limitation digital rights management functionality) contained in the RecoveryArc website, or (iii) remove, obscure, or alter any PDF Health LLC copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the RecoveryArc website.
AMENDMENT OF AGREEMENT
PDF Health LLC may make changes to this Agreement at any time and for any reason. It is your sole responsibility to check the Agreement, which shall be made available on the RecoveryArc website, periodically for changes. You indicate your acceptance by using, or continuing use of the RecoveryArc website after such changes are made to the Agreement. If you do not agree with the changes, within 90 days after the date of any change, you must terminate your use of the RecoveryArc website, which will be your sole and exclusive remedy. Any and all new features added to the RecoveryArc website shall be subject to this Agreement.
INDEMNITY
You agree to defend and reimburse PDF Health LLC in the event your use of the RecoveryArc website gives rise to any claim or loss by any Party.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless PDF Health LLC, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from your use of the RecoveryArc website. This includes your accessing or use of the RecoveryArc website, or your violation of any provision of this Agreement.
LIMITATION ON LIABILITY
The liability by PDF Health LLC to you for any reason is limited, and will not exceed the amount you pay for the prior one year of your use of the RecoveryArc website. Payment for usage of the RecoveryArc website earlier than one year ago becomes forfeit and sole property of PDF Health LLC.
In no event shall PDF Health LLC be liable, with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory, for: (I) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PDF Health LLC under this agreement during the one year period prior to the cause of action. PDF Health LLC shall have no liability for any failure or delay due to matters beyond its reasonable control.
GENERAL PROVISIONS
Export Compliance. The RecoveryArc website may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. Additionally, you represent that you are not named on any U.S. government denied-party list, and you shall not permit anyone to access or use the RecoveryArc website in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
Merger. This Agreement constitute the entire agreement between you and the Company relating to your use of the RecoveryArc website, and completely replaces any prior or contemporaneous agreements between you and the Company.
Effect of Waiver. The failure of PDF Health LLC to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision or any other provision of this Agreement.
Severability. If any provision of this Agreement is held invalid or unenforceable or otherwise stricken by any court of jurisdiction, then that provision will be removed from the Agreement without affecting the validity or enforceability of the remainder of the Agreement.
Assignability. The rights granted in this Agreement may not be assigned or transferred by you without the prior written approval of the PDF Health LLC. Consequently, you are not permitted to delegate your responsibilities or obligations under this Agreement without the prior written approval of PDF Health LLC.
Governing Law. This Agreement and your relationship with PDF Health LLC under this Agreement will be governed by the laws of the State of Colorado without regard to any conflict of laws provisions or principles. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the county of Denver, state of Colorado, to resolve any legal matter arising from this Agreement.
Injunctive Relief. Both you and PDF Health LLC agree that any damages for breach of any provision of this Agreement may be irreparable, and therefore either you or the Company may be entitled to seek equitable or injunctive relief in addition to all other remedies available at law or equity.
Right to Counsel. Each Party acknowledges it had reasonable time to review this Agreement and had the opportunity, whether taken or not, to seek the advice of competent legal counsel prior to executing this Agreement.
Arbitration. The Parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in Denver, Colorado, in accordance with the rules of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Each Party shall pay its own costs and expenses incurred in any such arbitration unless otherwise required by federal or state statutes.
