Client Terms of Use | Recoverypad

Thank you for using recoverypad.com! When using recoverypad.com, and its related websites, web-based and mobile applications, and other products and services, you are agreeing to our terms. Please review these carefully and note that you are entering into a legally-binding agreement with us.

Last Revised: September 28, 2018

Recoverypad and its related products and services are provided by the Center for Progressive Recovery, LLC (“recoverypad,” “us” or “we”). This Client Terms of Use (these “Terms”), along with our Privacy Policy, govern your (the “client’s”) use of recoverypad’s websites, web-based and mobile applications, and other products and services (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. Please read these Terms carefully and contact us if you have any questions (contact information is below).

Using the Platform
1. Who may use the Platform. You may use the Platform only if you are at least eighteen (18) years of age and have no reason to believe you would not be judged a competent adult. You must also be a legal resident of the fifty United States or the District of Columbia.
2. Permission. Subject to these Terms and our Privacy Policy, we grant you permission and a limited, non-exclusive, non-transferable, and revocable license to use our Platform. Your use of the Platform is subject to these Terms. Your use of the Platform is at your own risk. Neither title nor intellectual property rights are transferred to any third party through the use of or access to the Platform; rather, all rights, title, and interest in and to all aspects of the Platform remain the sole property of recoverypad.
3. Platform Availability and Upgrade. The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Some products or services of the Platform may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those products and services, and these Terms will apply to such upgrades.
4. Use. By your use of the Platform, you acknowledge that the information furnished by you is accurate, true and complete, and you will maintain and update such information during your use of the Platform so that it will remain true, accurate, current and complete. During your use of the Platform, you may be asked to provide a username and password. You remain responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You will be fully responsible for all activities that occur under your account, username or password. You may not use the account, username or password of someone else. You will immediately notify recoverypad of any unauthorized use of your password, username or e-mail. recoverypad will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You agree you will not sell, transfer, license or assign your account, username or any account rights. You agree that you are responsible for all data charges you incur through use of the Platform.
5. Right to Refuse Access. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Platform with or without notice and any suspected illegal, fraudulent or abusive activity may be grounds for terminating your use of the Platform and may be referred to appropriate law enforcement authorities. recoverypad reserves the right to remove or delete any information that you may have on file with us, including any account or login information for the platform.
6. Medical Emergencies. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 AND/OR OTHER EMERGENCY SERVICE NUMBERS AND NOTIFY THE RELEVANT AUTHORITIES. THE PLATFORM PROVIDES NUMBERS ON THE BOTTOM OF EACH OF ITS PAGES.
7. Payment. Payment for use of the Platform is used to compensate us for software development, overhead, administrative and technical services, and other corporate costs and fees, including transaction fees for credit card usage. The individuals providing recovery coaching services through the Platform (the “Coaches”) also pay for use of the Platform. Part of your payment, accounted for separately, is remitted to the Coach for the coaching services provided to you. recoverypad does not participate, split or take a percentage of this part of the payment. Regardless of this payment, we will not be deemed as the Coach or a provider of any coaching services. You agree to pay all fees and charges associated with your client account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information.
8. Location confirmation. THE MATCHED COACH WILL CONFIRM TO YOU THEIR STATE OF PROFESSIONAL LIABILITY INSURANCE AND LOCATION AND THE FACT THAT YOU ARE USING REMOTE DIGITAL DEVICES FOR COACHING SESSIONS AND ASK YOU TO CONFIRM YOUR CONSENT TO THE SERVICES. BY USING THE SERVICES OF THIS SITE, YOU ARE AGREEING THAT ANY REMOTE SESSION CONDUCTED IS TAKING PLACE IN THE SITE OF LOCATION OF THE COACH AS SUCH STATE IS CONFIRMED TO YOU.
9. Communications. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Coaching
1. The Platform. RECOVERYPAD IS A SOFTWARE COMPANY THAT BUILT THE PLATFORM TO OFFER CLIENTS THE ABILITY TO MATCH THEIR CONCERNS AND ISSUES TO A COACH WITH THE PROPER SKILL SET AND BACKGROUND AND TO ALLOW FOR COMMUNICATION WITH THAT COACH USING MOBILE DEVICES AND OTHER DIGITAL MEANS. RECOVERYPAD DOES NOT OFFER COACHING DIRECTLY OR SELL COACHING SERVICES. RECOVERYPAD DOES NOT OFFER THERAPY INDIRECTLY OR DIRECTLY, OR SELL THERAPY SERVICES IN ANY WAY, AND IS NOT A LICENSED COACH GROUP OR CORPORATION.
2. Not a medical or counseling provider. RECOVERYPAD DOES NOT PROVIDE MEDICAL OR COUNSELING SERVICES. THE PLATFORM IS NOT INTENDED FOR MEDICAL DIAGNOSIS OR DRUG PRESCRIPTION OR ADVICE CONCERNING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM. HOWEVER, COACHES MAY DISCUSS HOW YOU MIGHT ACCESS SUCH ASSISTANCE OFF PLATFORM, IF YOU SO WISH, THOUGH THIS INFORMATION IS LIMITED TO EDUCATION AROUND THE SCIENTIFICALLY-SUPPORTED OPTIONS AVAILABLE TO YOU.
3. Relationship to Coaches. recoverypad does not hire the Coaches matched through the Platform. We screen our Coach applicants and provide them with training and technical assistance. The Coaches are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or doing of any Coach. While the site will allow you to match with a Coach and will allow you to find a new one if the match is unsuccessful, the Platform makes no representation or warranty whatsoever as to whether you will find a Coach’s services relevant, useful, correct, relevant, satisfactory or suitable to your needs.
4. No guarantee of qualifications. While recoverypad does research and verifies certain documents of the Coaches, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, professional liability insurance or background of any Coach. Your relationship relating to the coaching services is strictly with the Coach. recoverypad is not involved with the substance of that relationship and we do not validate or become involved in the provision of a Coach’s services, except to provide technical assistance with the Platform. You are advised to exercise a high level of care and caution in the use of the Platform. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the Platform services may not be a complete or even partial substitute for a face-to-face, in-person session by a licensed healthcare professional. You should never rely on or make health or well-being decisions purely on use of the Platform. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional, by face-to-face, in-person appointment, because of information or advice you received through the Platform.
5. Use of coaching. I agree with all of the following regarding my use of coaching services on the Platform:
  1. I understand that coaching is a way to facilitate change in persons with substance-related problems and their loved ones by helping set and achieve their own, self-determined goals. I further understand that these coaching activities do NOT in any way constitute diagnostic, assessment or treatment services, but that instead they are only educational, motivational and supportive.
  2. I understand that, while a Coach will discuss treatments that are generally available, they do NOT nor CANNOT make decisions regarding what treatment or treatment program will be appropriate or best for the client or the client’s significant other, which also means that a Coach cannot endorse a particular treatment program. Further, I understand that even if a Coach supports me in my own self-determined goal of being as safe as possible as I reduce my drug use, the Coach does not, nor cannot, in any way endorse a goal that includes engaging in illicit or licit drug use. I understand that any substance use at any level poses potential risk of danger and/or harm to myself and/or others and I agree to take full responsibility for any such danger or harm that results from such use.
  3. I understand that I am fully responsible for selecting appropriate actions to address my or my significant others’ substance use and its treatment. I further understand that my Coach is not responsible for making me or my significant other stop using substances, but instead to facilitate a process where the client is better prepared to make their own best, self-determined decisions regarding their use of substances and its possible consequences.
  4. As a client of the Platform, I understand and agree that I am fully responsible for my well-being during my coaching texts, including my choices and decisions. I am aware that I can choose to discontinue coaching at any time. I recognize that coaching is not psychotherapy or any other sort of professional health care, and that professional referrals will be given if desired.
  5. I understand that coaching is a relationship I have with my Coach that is designed to facilitate the creation/development of client-selected personal goals related to substance use and to develop and carry out a strategy/plan for achieving those goals.
  6. I understand that coaching focuses on recovery-related issues versus a comprehensive process that involves other areas of my life, meaning that discussions will NOT focus on work, finances, health, relationships, education or recreation. I acknowledge that deciding how to handle issues in these life areas and implement my choices regarding them is exclusively my responsibility.
  7. I understand that coaching does not treat mental or substance use disorders as defined by the American Psychiatric Association. I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance use disorder treatment and I will not use it in place of any form of therapy or medical treatment.
  8. I promise that if I am currently in therapy or otherwise under the care of a mental health or medical professional, that I have consulted with this person regarding the advisability of working with a Coach and that this person is aware of my decision to proceed with the coaching
  9. I understand that information will be held as confidential among the Coaches and staff of recoverypad unless I state otherwise, in writing, except as required by law and/or ethical guidelines for Coaches, as in the case of imminent threat of harm to oneself or someone else, or suspicion of child neglect, harm or abuse.
  10. I understand that coaching is not to be used in lieu of professional advice. I will seek professional guidance for legal, medical, financial, business, spiritual or other matters. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my responsibility.
Posts, Communication and Contact with Coaches
1. Client Responsibility. Neither recoverypad nor its affiliates are under any obligation to respond to messages posted to the Platform. If you post any information or material to the Platform, you are responsible for such information or material and the consequences of the posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to the Platform. We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our clients of any material that is alleged not to conform to these Terms, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above. We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the Platform. We also do not endorse any opinions expressed by others on the Platform. You acknowledge that any reliance on content posted by others on the Platform, and your use of that content, is at your own risk.
2. License to Use. You hereby grant to recoverypad a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, and create derivative works of any materials and other de-identified information you submit to the Platform by all means and in any media now known or hereafter developed for any use or purpose. This section only refers and applies to content posted via open communication tools as described, and does not refer to personally identifying information that is provided as part of the registration process for a password or username, if any.
3. Use of Platform Information. recoverypad does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on the Platform, except as provided in these Terms or in the site content, is strictly prohibited. All content and materials available on the Platform, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of recoverypad, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited. recoverypad.com is a copyright term. All rights reserved.
4. Content. We do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in the Platform. If you rely on any content obtained by you on or through the Platform, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence and accessing the Platform from any country where its content does not comply with its laws and regulations is prohibited.
Acceptable Use
1. Prohibited actions. You expressly agree not to post any material that:
  - Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
  - Infringes on the copyright or any other proprietary right of a third party;
  - Would invade the privacy of any other person;
  - Is intended to advertise to or solicit others without our express permission;
  - Constitutes charity solicitations, chain letters or pyramid schemes;
  - Contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component;
  - Interferes with or disrupt networks connected to the Platform, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);
  - Attempts to gain unauthorized access to restricted areas of the Platform, other accounts, computer systems or networks connected to the Platform, through password mining or any other means; or
  - Interferes with another client’s use and enjoyment of the Platform.
2. Removal of content. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content.
3. Platform contents. You may not copy, distribute, modify, transmit or revise the contents of the Platform without written permission from recoverypad.
Copyright Infringement.
A copyright owner or an agent thereof who believes that any client submitted information or other content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing recoverypad’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have 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 that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
recoverypad’s designated Copyright Agent to receive notifications of claimed infringement is:

Center for Progressive Recovery, LLC
234 Church Street, Suite 301
New Haven, CT 06510
Phone: 203-506-3134
Email: info@recoverypad.com

NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.
Security.
We care about the security of our clients. While we work to protect the security of your content and account, recoverypad cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Third Party Links, Platform and ServicesAny link (including a hyperlink, button or referral device of any kind) used on the Platform is provided for your use and convenience. The appearance of a link on the Platform does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Indemnity. You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities using the Platform): (i) your content or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) the services provided by a Coach; (iv) any dispute arising between you and a Coach; (v) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (vii) any misrepresentation made by you. You will cooperate as fully required by recoverypad in the defense of any claim.
DisclaimersRECOVERYPAD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.You agree that recoverypad and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of the Platform.The Platform is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
Limitation on LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, RECOVERYPAD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD PARTIES; (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (D) THE PROVISION OF ANY SERVICES BY THE COACHES; OR (E) ANY DISPUTE BETWEEN YOU AND A COACH. IN NO EVENT SHALL RECOVERYPAD‘S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).These excluded damages include, but are not limited to, medical, legal and any other malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions.
ArbitrationFor any dispute you have with recoverypad, you agree to first contact us and attempt to resolve the dispute with us informally. If recoverypad has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and recoverypad agree otherwise, the arbitration will be conducted in the state where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that recoverypad will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Platform.
Governing Law and JurisdictionThese Terms shall be governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in New Haven County, Connecticut or the United States District Court for the District of Connecticut, for any actions not subject to Section 11 (Arbitration).
How to Contact UsIf you have questions about either these Terms, you can contact us by email at info@recoverypad.com.
General Terms
1. Term and Termination. The Terms continue in effect until terminated by either you or us. We or you may terminate these Terms at any time upon written notice to the other. Upon termination, you continue to be bound by Sections 8 – 12 and 14 of these Terms and shall not have the right to continue to access or use the Platform. We have no obligation to store or maintain your content, communications or posts.
2. Notification Procedures and Changes to these Terms. recoverypad reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our Platform. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Platform.
3. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by recoverypad without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
4. Relationship. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other.
5. Severable. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
6. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and recoverypad‘s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.