These Terms provide that all disputes between you and NPD will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with NDP.
You agree that NDP may (1) call you regarding NDP’s services, and (2) monitor and record any telephone calls made or received by NDP for NDP’s business purposes, including for quality assurance purposes. Please review the Section 18 below entitled Consent to Communications and Monitoring/Recording Telephone Calls for more details.
1. The Site Does Not Provide Specific Medical or Treatment Advice. THE CONTENTS OF THE SITES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT PLAN. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the NDP Sites. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by NDP, NDP employees or representatives, others appearing on the Sites at the invitation of NDP, or other visitors to the Sites is solely at your own risk.
2. NDP Overview. NDP aims to provide quality, compassionate and innovative treatment information to adults struggling with alcohol, drug and chronic pain conditions and issues. Through personal experience, we give hope that long term recovery starting with a pain reduced detox is possible. Our purpose and passion is to empower the individual through the promotion of optimal wellness of the mind, body, and spirit. Our Sites are extensions of this core mission, and facilitate the connection between individuals and recovery, and to enable individuals to learn more about NAD treatment programs. Certain of our Sites may contain information that is helpful for individuals evaluating or seeking treatment, and NDP uses a network of affiliated websites to provide different avenues for individuals who are considering treatment for themselves or for others.
3. Eligibility. You must be at least thirteen (13) years of age to visit and use our Sites and, by agreeing to these Terms, you represent and warrant to us that you are at least thirteen (13) years of age. If you are using our Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
4. Digital Millennium Copyright Act
4.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. Sec. 512, as amended). If you have any complaints with respect to material posted on the Sites, you may contact our Designated Agent at the following address:
DMCA Agent 9105 Club River Drive, Roswell, GA 30076
Any notice alleging that materials hosted by or distributed through the Sites infringe intellectual property rights must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Sites;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Sites of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
5. Prohibited Conduct.
5.1 BY USING THE SITES YOU AGREE NOT TO:
use the Sites for any illegal purpose, or in violation of any local, state, national, or international law;
violate, or encourage others to violate, the rights of third parties or NDP, including by infringing or misappropriating third party or NDP intellectual property rights;
post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
interfere with security-related features of the Sites, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Sites or any part thereof except to the extent that such activity is expressly permitted by applicable law;
interfere with the operation of the Sites or any user’s enjoyment of the Sites, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Sites, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Sites, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials;
frame or link to any of the Materials (as defined below) or use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the Materials without our prior express written consent; or
attempt to do any of the foregoing in this Section 7, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this section 7.
6. Discontinuation and Modification of the Sites. We reserve the right to modify or discontinue any or all of the Sites at any time (including, without limitation, by limiting or discontinuing certain features of the Sites) without notice to you. We will have no liability whatsoever on account of any change to or discontinuation of the Sites.
7.2 Additional Terms. Your use of the Sites is subject to any and all additional terms, policies, rules, or guidelines applicable to the Sites (or certain features of the Sites) that we may post on or link to on the Sites (the “Additional Terms”), such as rules applicable to particular features or content on the Sites, subject to Section 10 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
8. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within any of the Sites, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. All other changes are effective upon publication of the changed Terms, or the stated “Effective Date,” if different. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
9. Ownership; Proprietary Rights. The Sites are owned and operated by NDP. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (the “Materials”) provided by NDP are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Sites are the property of NDP or our third-party licensors. Except as expressly authorized by NDP, you may not make use of the Materials. NDP reserves all rights to the Materials not granted expressly in these Terms.
10. Indemnity. To the fullest extent permitted by law, you agree that you will be responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless NDP and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “NDP Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites in a manner not permitted by these Terms; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
11. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS”AND ON AN “AS AVAILABLE”BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE NDP ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE NDP ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE NDP ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALINGS WITH OTHER VISITORS TO AND USERS OF THE SITES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SITES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AAC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NDP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE NDP ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO .
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Governing Law. These Terms shall be governed by the laws of the State of Georgia without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and NDP agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Fulton County, Georgia for the purpose of litigating all such disputes. We operate the Sites from our offices in the United States, and we make no representation that Materials included in the Sites are appropriate or available for use in other locations.
15. Dispute Resolution and Arbitration
15.1 Generally. In the interest of resolving disputes between you and NDP in the most expedient and cost effective manner, you and NDP agree that any and all disputes arising in connection with or in any way related to these Terms or your use of the Site shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AAC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Exceptions. Notwithstanding subsection 17.1, you and NDP both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
15.3 Arbitrator. Any arbitration between you and NDP will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AAC.
15.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, and cannot obtain one, by electronic mail (“Notice”). NDP’s address for Notice is: No Detox Pain.com 9105 Club River Drive, Roswell GA 30076 or Info@NoDetoxPain.com. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and NDP agree to use good faith efforts to resolve the claim directly, but if you and NDP do not reach an agreement to do so within 30 days after the Notice is received, you or NDP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or NDP shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, NDP shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by NDP in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000 or whichever is greater.
15.5 Fees. In the event that you commence arbitration in accordance with these Terms, NDP will reimburse you for your payment of the filing fee, unless your claim is for greater than $1,000, in which case the payment of any fees shall be decided by the NDP Rules. Any arbitration hearings will take place at a location to be agreed upon in Fulton County, Georgia, provided that if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the NDP Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the NDP Rules. In such case, you agree to reimburse NDP for all monies previously disbursed by it that are otherwise your obligation to pay under the NDP Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
15.6 No Class Actions. YOU AND NDP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NDP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.7 Modifications. In the event that NDP makes any future change to this arbitration provision (other than a change to NDP’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to NDP’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
15.8 Enforceability. If the entirety of this Section 15 is found to be unenforceable, then the exclusive jurisdiction and venue described in Section 13 shall govern any action arising out of or related to these Terms or your use of the Site.
16. Consent to Communications and Monitoring/Recording of Telephone Calls. By providing us with your contact information, you agree to receive communications, including via e-mail and calls (including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf of NDP at the email address or telephone number you provided even if that number is on a National or State Do Not Call List. These calls may be for informational and marketing purposes, such as to provide you with information about NDP services and treatment centers. You are not required to provide your consent to these calls as a condition of any purchase from NDP. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. NDP may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others.
IF YOU WISH TO OPT OUT OF EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, YOU MAY MAKE A DO NOT CALL REQUEST DURING ANY CALL YOU RECEIVE FROM US. You understand and agree that you may continue to receive communications while NDP processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
17. Consent to Electronic Communications. Notwithstanding anything to the contrary in Section 16, by using the Sites, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. Contact Information. The Sites are owned by No Detox Pain.com, located at 9105 Club River Drive, Roswell GA 30076. You may contact us by sending correspondence to the foregoing address or by emailing us at Info@NoDetoxPain.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
19. DISCLAIMER. The content of this site is intended for general informational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. Never ignore professional medical advice because of something you have read here. IF YOU THINK YOU ARE AT RISK FOR SUICIDE OR OTHERWISE MAY HAVE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY. You should not rely upon any information here as a representation of the actual treatment program that might be right for you or our loved one, or available at any particular treatment facility.