TERMS OF SERVICE OF PTSD RECOVERY
FOUNDATION OF AMERICA, INC.
Last Updated November 27, 2019
ACCEPTANCE OF TERMS OF SERVICE
BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL AMENDMENTS MADE AFTER NOVEMBER 2019. IF ANY OF THESE TERMS OF SERVICE IS UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
GENERAL TERMS OF SERVICE
By accessing and using the Website, you are indicating that you are at least 18 years old and have the legal capacity to accept these terms of service, and you are agreeing to be bound by all these Terms of Service. You may print and keep a copy of these Terms of Service, but PTSD Recovery Foundation of America, Inc. (the “Organization”) may change any of these terms at any time without notice to you. Any changes to these terms will appear in this document. Your use of this Website after any changes have been posted will constitute your agreement to the modified Terms of Service. Therefore, you should read these Terms of Service from time to time. If you do not agree to be bound by these Terms of Service or any changes thereto, you should not use or should discontinue use of this Website.
USE OF THE WEBSITE
Subject to these Terms of Service, the Organization grants you a non-exclusive, non-transferable, limited, freely revocable license for personal, non-commercial use of the Website. Absent express written authorization from the Organization, any other use shall be an unauthorized use and can lead to termination of your license by the Organization.
The Website, including any content contained thereon and source code therefor are proprietary to PTSD Recovery Foundation of America, Inc. You agree not to copy, reproduce, display, publish, transmit, distribute, perform, sell, modify, or prepare derivative works from any part of the Website.
You further agree not to compile any data from the Website. You agree not to crawl, scrape, or otherwise retrieve data from the Website in ways other than use of the user features provided on the Website. You agree not to copy data from the treatment center database. You agree not to cause a load on our infrastructure not in line with normal, personal use of the Website and features thereof. You agree not to bypass or attempt to bypass any security measures designed to protect data or limit access to any part of the Website. You agree not to use the Website for any unlawful purpose.
CONTRIBUTORS
The Website may contain and/or display information (“Contributed Information”), such as blog posts, forum posts, articles, papers, images, graphics, videos, data, URLs, or text written, created, and/or submitted by individuals or companies (“Contributors”), which may or may not have affiliations with the Organization. Contributors may include individuals or companies labeled as experts on the Website. Contributed Information may be requested or solicited by the Organization. Any opinions presented by Contributors to the Website are the opinions of the Contributors only and are not endorsed by the Organization.
THIRD-PARTY WEBSITES
This Website may link to other websites, including without limitation social media platforms, company websites, and fundraising websites, operated by third parties and/or having content provided by third parties, and such other websites may link to this Website. The Organization has no control over any such other websites or their contents and will have no liability arising out of or related to such websites or their respective content. The existence of any such links does not constitute an endorsement of such websites, the content of the websites, or the operators of the websites. The Organization shall have no liability to viewers of the Website arising out of any other linked website owned and/or operated by the Organization. These Terms of Service apply to this Website only.
SUBMISSIONS TO PTSD RECOVERY FOUNDATION OF AMERICA, INC.
The Organization does not agree to obligations of confidentiality or non-disclosure with regard to information you voluntarily submit via this Website, including, without limitation, any submission made by email, contact form, or through the forum. By submitting information or materials to PTSD Recovery Foundation of America, Inc. or the Organization, its principals, employees, attorneys, and/or agents, you or anyone acting on your behalf, agrees that any such information or materials will not be considered confidential or proprietary.
COPYRIGHT POLICY
This Website complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that content contained on the Website infringes your copyright please contact us at contact@ptsdrecoveryfdn.org and provide the following information in writing:
(1) identification of the copyrighted work you believe is infringed;
(2) identification of the allegedly infringing content and the section of the website, including the URL, where it appears;
(3) your contact information, including your full name, mailing address, telephone number, and email address;
(4) a declaration that you hold a good faith belief that the use of the allegedly infringing content in the manner that is the subject of the complaint is not authorized by the copyright owner, its agent, or the law;
(5) a declaration that the information you submit is accurate;
(6) a declaration that you are the owner or authorized to act on behalf of the owner of the allegedly infringed copyright; and
(7) your physical or electronic signature.
The above steps are designed to ensure compliance with the DMCA and do not constitute legal advice. The Organization will review your copyright infringement notification and will take all reasonable steps to investigate the alleged infringement and/or remove the allegedly infringing content from the Website.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
PTSD Recovery Foundation of America, Inc. (whether registered or unregistered) (the “Mark”) is a proprietary mark protected by applicable trademark laws. Nothing contained in this Website should be construed as granting any license or right to use to the Mark in any form displayed here without the express written permission of the Organization. Any unauthorized use of the Mark is strictly prohibited.
TERMINATION
The Organization may discontinue, terminate, suspend, or change any aspect of this Website, or its availability to you, at any time without notice. In addition, upon violation of any of these terms of service, the Organization has the right to terminate your access to all or any portion of the Website immediately and without notice. Your right to use this Website is subject to any limits established by the Organization in its sole discretion.
DONATIONS
Your donation is effective immediately. PTSD Recovery Foundation of America, Inc. can refund or cancel your donation upon request to contact@ptsdrecoveryfdn.org within forty-eight (48) hours of the donation. The Organization is a 501(c)(3) tax-exempt entity recognized by the Internal Revenue Service (EIN: 84-3481395). Donations may qualify for tax deductions under IRC Section 170. PTSD Recovery Foundation of America, Inc. is currently registered and or/able to solicit donations in the following U.S. states: NY, CT, DE, IA, ID, IN, MN, NE, SD, VT, WY, TX, & AZ. Unfortunately we cannot yet actively request donations from residents of other states. Any attempted large donations, generally greater than USD 250, submitted as a result of a solicitation from a state where we are not yet registered may be declined or may result in a delay in processing so that we can take the necessary steps to accept the donation. If you reside in another state and would like to learn more about supporting us, please email contact@ptsdrecoveryfdn.org. Please consult a qualified tax professional regarding any donation you make to PTSD Recovery Foundation of America, Inc. Upon email request, PTSD Recovery Foundation of America, Inc. can send you a 501(c)(3) tax-compliant donation receipt.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE WEBSITE IS PROVIDED TO YOU “AS IS.” NEITHER THE ORGANIZATION NOR ANY OF ITS AGENTS WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE. NEITHER THE ORGANIZATION NOR ANY OF ITS AGENTS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE WEBSITE CAUSED IN WHOLE OR PART BY ANY INACCURACIES, INCOMPLETENESS, ERRORS OR OMISSIONS ARISING FROM THE ORGANIZATION’S NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL. IN NO EVENT WILL THE ORGANIZATION OR ANY OF ITS RESPECTIVE AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE WEBSITE. NEITHER THE ORGANIZATION NOR ANY OF ITS AGENTS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to indemnify and hold the Organization harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website any/or any of its features, including the Forum, in violation of the Terms of Services, arising from a breach of the Terms of Service or any breach of your representations and warranties set forth in the Terms of Service, or any Contributed Information or User Content that you submit and/or post to or in connection with the Website.
COOKIES AND TRACKING
This Website may use cookies and other tracking technologies to analyze use of this Website. Cookies are small data files that are created when a user visits a website. They collect Internet log information and user behavior (like preferences or other settings), which can help websites run more efficiently. By using this Website you agree that the Organization may use cookies and/or other tracking technologies to collect information about your use of this Website. Information collected through cookies or other tracking technologies may be transmitted to a third party analytics provider for use only by the Organization.
PRIVACY POLICY
The Organization may collect personal information from visitors to this site. This information may include certain information that is automatically collected by our systems and/or analytics systems provider when visiting this Website, including the type of software used to access the site (browser, operating system), the address of the external or internal page that referred the visitor, the visitor’s IP address and/or domain name, and/or search filter selections. This information may be recorded even if the visitor is not logged into an account.
This Website may permit you to contact us via email or via an online contact or registration form. Whenever you send a submission via an email link or through a contact form on the Website, you may be providing us with your name, email address, phone number, employer information, and any information you choose to include in the text of your message. For example, you may choose to provide your mailing address or other information necessary or helpful for us to address your query or other concern. Any such information submitted to us may be stored and/or used to carry out actions requested by you, such as registering you with our organization. We do not share your information with third parties for commercial purposes.
If you make a donation to the Organization, we may collect personal information from you that may include: your name, address, telephone number, and/or e-mail address so that we can send you a receipt and thank you for your donation. We may also collect limited financial information to process your donations.
This privacy policy only covers this Website. Websites linked to and/or from this Website are not covered by this policy.
The Organization reserves the right to change this policy to meet the changing needs of the Website.
ADDITIONAL TERMS
If any provision in these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Service, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New York, as if these Terms are a contract wholly entered into and wholly performed within the State of New York. These Terms of Service constitute the entire agreement between you and the Organization relating to the Website, and they supersede any and all other agreements, oral or in writing, with respect to the Website. The failure of the Organization to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
Any controversy, claim, or dispute arising out of or relating to these Terms of Service or the breach thereof shall be settled solely and exclusively by binding arbitration held in New York, New York and administered by JAMS. Such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures, with the following exceptions to such rules if in conflict:
one arbitrator shall be chosen by JAMS;
each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and
arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorney’s fees, costs, and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this subsection shall be construed as precluding the bringing of an action for injunctive relief as in the preceding paragraph of this section. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR IF THE PARTIES ARE SEEKING INJUNCTIVE OR EQUITABLE RELIEF AS PROVIDED ABOVE, THEN EACH PARTY,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO, AND
SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND EACH PARTY HERETO AGREES NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
Each party irrevocably and unconditionally waives any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to these Terms of Service in the courts referred to in this section.
QUESTIONS
If you have any questions or would like more information about PTSD Recovery Foundation of America, Inc., please feel free to contact us via email.