TERMS AND CONDITIONS OF USE AGREEMENT
Please read the following Terms and Conditions of Use carefully before using this site.
Retreat Behavioral Health, including its corporate entities, subsidiaries, affiliates and related and commonly controlled entities (“Retreat”), requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by Retreat (the “Retreat Site”) adhere to the following Terms and Conditions of Use. By accessing and using the Retreat Site, you indicate your acknowledgement and acceptance of these Terms and Conditions of Use. If you do not agree with these Terms and Conditions of Use, you should not use the Retreat Site.
This Site Does Not Provide Medical Advice
The Retreat Site does not provide medical advice. The contents of the Retreat Site, such as text, graphics, images, information and other material on the Retreat Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have about your physical or mental health and conditions. Never disregard professional medical advice or delay in seeking treatment because of something you have read on the Retreat Site. Reliance on any Content in the Retreat Site is solely at your own risk. If you think you have a medical emergency or urgent situation, call 9-1-1 or your physician immediately.
Children’s On-Line Privacy and Protection Act
If you are under 13 years of age, then you are not authorized to use the Retreat site.
Digital Millennium Copyright Act
Retreat has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Retreat reserves the right to remove any Content contained in or posted to the Retreat Site that allegedly infringes another person’s copyright.
If you are a copyright owner or agent thereof and believe that Content posted on the Retreat Site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to our Copyright Agent with the following information: (a.) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (b.) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it; (c.) Your address, telephone number, and, if available, e-mail address, so that the Copyright Agent may contact you about your complaint; (d.) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation; and (f.) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our Copyright Agent. A valid counter notification is written communication that incorporates the following elements: (a.) A physical or electronic signature of the poster; (b.) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c.) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d. ) Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Our Copyright Agent can be reached by email, telephone or mail at: Jonathan Bick at email@example.com (Phone: 973.228.5700), Brach Eichler L.L.C., 101 Eisenhower Parkway, Roseland, NJ 07068.
Restriction of Liability
THE USE OF THE RETREAT SITE AND THE CONTENT IS AT YOUR OWN RISK. RETREAT WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, CORRUPTION OF DATA OR LINE FAILURE. RETREAT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF RETREAT OR AN AUTHORIZED RETREAT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. RETREAT’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT EXCEED THE LESSER OF U.S. $1,000 OR THE AMOUNT YOU PAID TO ACCESS THIS SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE RETREAT SITE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE.
You agree to indemnify, defend and hold harmless Retreat and its affiliated parties, and their respective business partners, shareholders, members, owners, officers, directors, employees, contractors and agents, against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Retreat Site, including your violation of these Terms and Conditions of Use. Retreat reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Retreat in asserting any available defenses.
Except as otherwise described, all Content on the Retreat Site is made available only to provide information about Retreat and its services. Retreat controls and operates this site and makes no representation that the Content on such Retreat Site is appropriate or available for use in other locations. If you use the Retreat Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable federal, state, foreign and local laws. You agree that exclusive jurisdiction for any dispute with Retreat, or in any way relating to your use of the Retreat Site, resides in the courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute, including any claim involving Retreat or its affiliates, subsidiaries, business partners, shareholders, members, owners, officers, directors, employees, contractors, agents, telecommunication providers, and content providers.
Retreat may, without notice, revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Retreat Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms and Conditions of Use will be governed by and interpreted pursuant to the laws of the State of Florida and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions of Use will be deemed a further or continued waiver of such term or condition or any other term or condition. Possible evidence of use of the Retreat Site for illegal purposes will be provided to law enforcement authorities. Except as expressly provided in a particular legal notice on the Retreat Site, this is the entire agreement between the parties relating to the use of the Retreat Site.