Terms of Use

Recovery Warriors LLC. (“Recovery Warriors”, “we”, “us” or “our”) provide online and mobile services, including, but not limited to the Recovery Warriors website (“recoverywarriors.org” or the “Site”) and a mobile application (“Rise Up + Recover”) collectively, referred to as the “Recovery Warriors Services”. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RECOVERY WARRIORS AND GOVERNS YOUR USE OF THE RECOVER WARRIORS SERVICES. Subject to your acceptance of and adherence to these Terms of Use (the “Terms of Use”), Recovery Warriors hereby grants you a limited, non-exclusive license to utilize the Recovery Warriors Services as set forth herein. The terms “you” and “user” shall refer to all individuals and entities that access or utilize the Recovery Warriors Services.

By your affirmative actions of using the Recovery Warriors Services, you signify your agreement to these Terms of Use and our Privacy Policy, which is incorporated by reference herein.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the home page of the Recovery Warriors Site and we will indicate the date of the “Latest Update” at the bottom of the Terms of Use.  You are held responsible to visit this page periodically to review the most current Terms of Use.  Your continued use of the Recovery Warriors Services following the posting of such changes constitutes your acceptance of the amended Terms of Use.

Precautions

Recovery Warriors Services provide a mobile platform for eating disorder management so individuals can self-monitor their recovery progress.  It does not provide legal, medical, or psychological advice, diagnoses, or treatment.
You assume full risk and responsibility for your use of information obtained through the Recovery Warriors Services.

Informational Purposes Only.  You acknowledge that all of the information and content in the Recovery Warriors Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider.  We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions thereby we do not give medical, legal, or psychological advice, diagnoses, or treatment.  The Recovery Warriors Services may provide helpful Health-Related Information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment.  “Health-Related Information” for the purposes of this Terms of Use means all individually identifiable health information, including information related to an individual’s physical or mental health.  Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Recovery Warriors Services. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Recovery Warriors Services.

No Patient or Client Relationship with Recovery Warriors. You are not a patient or client of Recovery Warriors.   You must contact a professional for medical, legal, or psychological advice.  If you think you may have a medical emergency, call your doctor or 911 immediately.

Use of Health-Related Information.   The Recovery Warriors Services allows you to collect and store your Health-Related Information on your mobile device that can be converted to a PDF that you may choose to share with a Clinician.  “Clinician” for the purpose of this Terms of Use means a treatment professional with whom an individual has a patient-provider relationship outside of the Recovery Warriors Services.  Recovery Warriors has no access to your Health-Related Information, and is not responsible the use, storage, or transmission of your Health-Related Information.  It is the user’s responsibility to discuss the security of their Health-Related Information with their clinician and treatment provider.

Ownership of the Recovery Warriors Services

Recovery Warriors owns or has rights to all of the content in the Recovery Warriors Services, excluding User Health-Related Information.
The contents of the Recovery Warriors Services include:  designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Recovery Warriors content (collectively, “Recovery Warriors Content”).  All Recovery Warriors Content and the compilation (meaning the collection, arrangement, and assembly) of all Recovery Warriors Content are the property of Recovery Warriors LLC or its licensors and are protected under copyright, trademark,

Feature Requests and Suggestions

We welcome your ideas, requests, suggestions, feedback, designs, comments (“creative concepts”) regarding the Recovery Warriors Services, but please be advised, we shall:
own, exclusively, all now known or later discovered rights to the creative concepts;
not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative concepts; and
be entitled to unrestricted use of the creative concepts for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Disclaimers, Limitations, and Prohibitions

You are responsible for your actions when using and relying on the Recovery Warriors Services.
You are solely responsible for Your User Health-Related Information stored with the mobile application “Rise Up + Recover”.  You assume all risks associated with Your User Health-Related Information, including anyone’s reliance on its quality, accuracy, or reliability.  You may expose yourself to liability if, for example, Your User Health-Related Information contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Changes to the Recovery Warriors Services.  We may change or discontinue, temporarily or permanently, any feature or component of the Recovery Warriors Services at any time without further notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Recovery Warriors Services.

User Disputes.   We are not responsible for any disputes or disagreements between you and any third party, including clinicians, with whom you interact using the Recovery Warriors Services.  You assume all risk associated with dealing with third parties.  You agree to resolve disputes directly with the other party.  You release Recovery Warriors of all claims, demands, and damages in disputes among users of the Recovery Warriors Services.  You also agree not to involve us in such disputes.  Use caution and common sense when using the Recovery Warriors Services.

Content Accuracy.  We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Recovery Warriors Services.  Use the Recovery Warriors Services at your own risk.
Third-Party Services.  The Recovery Warriors Services may provide links or references to websites operated by third parties.  You are responsible for evaluating whether you want to access or use them.  We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications.  We suggest that you read the terms of use and privacy policies (if any) on those third party websites. You assume all risk and we disclaim all liability arising from your use of them.

DISCLAIMER OF WARRANTIES

You use the Recovery Warriors Services at your own risk.  We make no promises and disclaim all liability of specific results from the use of the Recovery Warriors Services.

ANY SOFTWARE USED IS PROVIDED “AS-IS”. WE MAKE NO WARRANTIES RELATED TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You understand and agree to the following that you are using Recovery Warriors Services at your own risked and you are solely responsible for any loss of data that results from any use, damage, or theft of your mobile device.

LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may be connected to your use of the Recovery Warriors Services.  If you use the Recovery Warriors Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
Upon request by us, you agree to defend, indemnify and hold Recovery Warriors and its  directors and employees harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Recovery Warriors Services (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Recovery Warriors Services; (d) unauthorized access to or alteration of your transmissions or data.; (e) any other matter relating to the Recovery Warriors Services.  We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

General Terms      
The Terms of Use and the resolution of any dispute related to the Terms of Use or the Recovery Warriors Services shall be governed by and construed in accordance with the laws of the State of Texas without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Recovery Warriors related to the Recovery Warriors Services exclusively in a federal or state court of competent jurisdiction sitting in Travis County, Texas, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.   Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Recovery Warriors in writing. These terms and conditions constitute the entire agreement between you and Recovery Warriors with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
Contact Information
Jessica Raymond
support@recoverywarriors.org

Effective Date: 10/15/2013
Last Updated Date: 1/14/2013