AGREEMENT BETWEEN USER AND PRAIRIE RECOVERY
This website (the “Website”) is owned and operated by Prairie Recovery. Prairie Recovery operates addiction and mental health treatment facilities, including residential treatment, outpatient treatment, and detoxification services, located in Round Top, Texas.
The Prairie Recovery Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Prairie Recovery Website constitutes your agreement to all such terms, conditions, and notices.
CONDITIONS OF USE
These Terms and Conditions of Use apply to all materials, online communications, and other information and materials that are or become available on or through the Website (collectively, the “Material”). Please read these Terms and Conditions of Use carefully. By accessing the Website, you specifically acknowledge that you have read these Terms and Conditions of Use and you specifically agree, without limitation or qualification, to each of the provisions contained herein. These Terms and Conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
DISCLAIMER OF WARRANTIES
You expressly agree that use of the Website is at your sole risk. The Material provided on the Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Prairie Recovery disclaims all warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose with respect to the Website, any use of the Website, and any website to which the Website is linked. Prairie Recovery does not warrant that the Material on the Website is complete or accurate, that use of this Website will be uninterrupted or error-free, or that this Website or server or any Material on this Website is free of Disabling Devices (as hereinafter defined).
You understand and agree that any Material downloaded or otherwise obtained through the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such Material.
A “Disabling Device” is defined as any software, document, message, or other material which contains a computer virus, worm, Trojan horse, time bomb, or other harmful device which may erase, scramble, lock, or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
MEDICAL INFORMATION DISCLAIMER
The content provided on this Website is for informational and educational purposes only. No materials related to health, wellness, addiction treatment, mental health treatment, detoxification, prescriptions, or pharmaceuticals are intended to substitute for the diagnosis, treatment, and advice of a medical professional. Such materials do not cover all possible uses, precautions, side effects, and interactions, and should not be construed to indicate that any treatment is safe or effective for you. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
LIMITATIONS ON LIABILITY
While Prairie Recovery uses reasonable efforts to include accurate and up-to-date information on the Website, errors or omissions sometimes occur.
You understand that to the extent permitted under applicable law, under no circumstances shall Prairie Recovery, or its officers, employees, directors, managers, parents, subsidiaries, affiliates, agents or licensors, be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use this Website, or the Material, including without limitation, use of or reliance on the Material, interruptions, errors, defects, mistakes, omissions, deletion of files, Disabling Devices, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Website, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue use of the Website.
You (and not Prairie Recovery or its parents or affiliates) solely assume the entire cost of all necessary servicing, repair, or correction related to any damage, harm, injury, or malfunction associated with your use of the Website and/or its contents.
THIRD PARTY CONTENT
Prairie Recovery may distribute content supplied by third parties on the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of Prairie Recovery.
LINKS TO THIRD PARTY SITES
The Prairie Recovery Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Prairie Recovery, and Prairie Recovery is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Prairie Recovery is not responsible for webcasting or any other form of transmission received from any Linked Site. Prairie Recovery is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prairie Recovery of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Prairie Recovery Website, you warrant to Prairie Recovery that you will not use the Prairie Recovery Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Prairie Recovery Website in any manner which could damage, disable, overburden, or impair the Prairie Recovery Website or interfere with any other party’s use and enjoyment of the Prairie Recovery Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Prairie Recovery Website.
PRIVACY
Information that you provide to us or that we collect about you when visiting the Prairie Recovery Website will be treated in accordance with our Privacy Policy. Prairie Recovery is committed to protecting your privacy and complying with all applicable federal and state laws, including the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2, which govern the confidentiality of substance use disorder treatment records.
LEGAL JURISDICTIONS ONLY
The services described on the Prairie Recovery Website are only for persons in those states and jurisdictions where such services may legally be provided. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions, and nothing on the Prairie Recovery Website shall be considered a solicitation to obtain treatment or services in any jurisdiction where such offer, solicitation, or provision of services would be unlawful.
ACCESS TO PASSWORD PROTECTED OR SECURE AREAS
Access to and use of password protected or secure areas of the Prairie Recovery Website are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution.
LOCALITY
Prairie Recovery manages and controls the Prairie Recovery Website from its offices located in Texas (United States of America). Prairie Recovery makes no representation that the information or other materials on the Prairie Recovery Website are appropriate or available for use in other locations. If you choose to access the Prairie Recovery Website outside of the state of Texas through your own initiative, to the extent the local laws in the geographic region in which you are located are applicable to your access of and activities on the Prairie Recovery Website, you are responsible for compliance with such local laws.
GOVERNING LAW AND VENUE
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any principles of choice of law or conflicts of law that would require the application of the laws of a jurisdiction other than the State of Texas. Venue for all disputes will be the Federal and State courts located in Fayette County, Texas. If any provision of these Terms and Conditions of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
COPYRIGHT AND TRADEMARK NOTICES
All Material included on the Prairie Recovery Website, except third-party content as referenced above, is the property of Prairie Recovery and is protected by United States and international copyright laws. No portion of the Material on the Prairie Recovery Website may be reprinted or republished in any form without the express written permission of Prairie Recovery or, with respect to third-party content, its respective owner. You may download Material from the Prairie Recovery Website for your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose.
Without our prior written consent, you may not:
(a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
(b) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automatic devices) to monitor or copy our web pages or the content contained thereon;
(c) link or deep-link to the Prairie Recovery Website for any purpose; or
(d) frame the Prairie Recovery Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
Certain of the names, logos, and other materials displayed on the Prairie Recovery Website constitute trademarks, tradenames, service marks, or logos (“Marks”) of Prairie Recovery or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with Prairie Recovery and are protected by United States and international trademark laws. Nothing contained on the Prairie Recovery Website should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Prairie Recovery Website. Your use of the Marks displayed on the Prairie Recovery Website, or any other content on the Prairie Recovery Website, except as provided herein, is strictly prohibited. All Marks not owned by Prairie Recovery that appear on the Prairie Recovery Website are the property of their respective owners.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Prairie Recovery will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any content on the Prairie Recovery Website has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- identification of the content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled, along with a description of where the infringing content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number, and an email address;
- a statement by you that you have a good faith belief that the use of the content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent, or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Prairie Recovery’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
PRAIRIE RECOVERY
5808 Wagner Rd.
Round Top, TX 78954
ATTN: LEGAL DEPARTMENT
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Prairie Recovery, its parents, subsidiaries, affiliates, officers, directors, managers, and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from:
(1) any information you (or anyone accessing your account using your password) submit through the Website,
(2) your violation of these Terms and Conditions of Use or applicable law,
(3) your (or anyone using your account’s) violation of any rights of any other person or entity, or
(4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Prairie Recovery may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
TERMINATION
You agree that Prairie Recovery, in its sole discretion, may terminate your access to the Website without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT PRAIRIE RECOVERY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Website, Material, or Software.
VIOLATIONS OF TERMS AND CONDITIONS OF USE
Prairie Recovery reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.
CONTACT INFORMATION
If you have any questions or comments about these Terms of Use, please contact us:
Prairie Recovery
5808 Wagner Rd.
Round Top, TX 78954
Phone: (979) 710-0008
Email: admissions@lovettbhg.com
ENTIRE AGREEMENT
These Terms and Conditions of Use constitute the entire agreement between you and Prairie Recovery concerning your use of the Website and supersede all prior agreements and understandings with respect to the same. No waiver of any term or condition of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.