Terms Of Service
Description of Services
Rekovery ("us", "App" or "Mobile Application") is a free resource for patients to share
and connect with others to track their recovery, post pictures and comments about their
treatment and exchange ideas with others about their recovery journey. It is a social
network to
find other users like yourself in order to connect and share
read about the recovery trend and metrics posted by other users
read about personal stories of others in form of pouters , posts and self-reported
recovery metrics
share information about your own story
communicate with others in the network to share tips or ask questond
Rekovery is not a “covered entity” for purposes of determining applicability of the
Health Insurance Portability and Accountability Act of 1996 and the rules promulgated
there under (HIPAA) to The Mobile Application and the treatment of User Content (defined
below) provided by you.
Acceptance of Terms
Rekovery is provided to you by Rekovery, Inc and by using this mobile application you
agree to the terms and conditions contained in the Terms of Service. We may update the
Terms of Service from time to time and your continued use of the mobile application
shall be deemed your acceptance of any such updated Terms of Service. This Terms of
Service comprises the full agreement between you and Rekovery and supersedes all
previous agreements between the parties regarding the subject matter hereof. By using
the mobile application, you understand and agree that this mobile application is
intended for an adult audience and, as such, there may be some content on the mobile
application that is inappropriate for minors.
We guarantee we will NEVER share your personal health stories with anyone such as health
care providers, search engines. We believe in full transparency and we let our users
know exactly what we do and what we do not do with their information.
As between you and Rekovery , all content on or made available through this mobile
application shall be own exclusively by Rekovery and is protected by copyright under
both United States and foreign laws. You may use the content appearing on the mobile
application solely for your personal and non-commercial use. Any use of such content not
expressly permitted by the Terms of Service is a breach of the Terms of Servce and maybe
be a violation of copyright, trademark and other laws. The content and feature of the
mobile application are subject to change from time to time or deletion without notice in
our discretion. All rights not expressly granted herein are reserved to Rekovery.
While some of the information on the mobile application is available without
registration, including without limitation submission of user content and storage of
your information requires you to register as a member. As part of the registration
process you will be authorizing Rekovery the use of your personal and health information
(all such information, "Registration Information"). You must be 18 years of age in order
to register with The Mobile Application. Rekovery will only use Registration Information
in accordance with its Privacy Policy.
Rekovery may immediately terminate your Rekovery account or limit your access to The
Mobile Application without prior notice: (a) upon your breach or violation of the Terms
of Service or other incorporated agreements or guidelines; (b) upon request by law
enforcement or other government agencies; (c) upon request by you (through
self-initiated account cancellation); (d) for unexpected technical issues or problems;
(e) for extended periods of inactivity; or (f) for any reason or no reason in our
discretion. Rekovery has no obligation to maintain, store, or transfer to you
information or data that you have saved, posted on or uploaded to The Mobile
Application.
User Content
Posting User Content on Rekovery. We encourage you to share your experiences and
information on The Mobile Application, including without limitation recommendations of
Providers listed on The Mobile Application, your story, questions, posts and user
profile information such as photos and personal experiences (collectively, “User
Content”). By posting or submitting User Content to The Mobile Application, you warrant
that you (i) are the sole author and creator of that content, (ii) have all necessary
rights to provide such User Content to The Mobile Application and to transfer ownership
of such User Content to Rekovery while it is available on this site. Content available
on Rekovery may not be (re)distributed by any means without the express written approval
of Rekovery.
You hereby agree that if you choose to post a recommendation about a Provider on The
Mobile Application, you will do so only based upon your actual first-hand experience
with such Provider. We have the right, but not the obligation, to refuse to display or
to remove any User Content posted by you on or to The Mobile Application for whatever
reason or no reason at all.
You hereby waive any claim that Rekovery is somehow acting in an unfair or
discriminatory manner by refusing to display (or by removing) any User Content.
You agree that you will not post or submit any User Content that Rekovery determines, in
its discretion, contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives,
profanities, obscenities, harassment, vulgarities, sexually explicit language and hate
speech (e.g., racist/discriminatory speech);
References to illegal activity, professional malpractice or health code violations;
Content which contains material or links to material that infringes upon a third party’s
intellectual property or proprietary rights including, without limitation, copyright,
patent, trademark, trade secrets, or rights of publicity or privacy;
Content that intends to sell a product, website, fundraiser or seminar;
Content that contains personal attacks or describes physical confrontations and/or
sexual harassment;
Personal information or messages including email addresses, URLs, phone numbers, photos
and postal addresses of others (or both first and last name of individuals other than
yourself unless their name is also part of the business name) that are not already
publicly available;
Messages or URLs that are advertising or commercial in nature, or are inappropriate
based on the applicable subject matter;
Language, photos, video or other media that violates the standards of good taste or the
standards of The Mobile Application;
Content that is deemed to be illegal, or to violate any federal, state, or local law or
regulation or the rights of any other person or entity;
Language intended to impersonate other users (including last names of other individuals)
or offensive or inappropriate user names or signatures; or
Content that is not in English, that is encrypted or that contains viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines that are
intended to damage, interfere with, intercept or appropriate any system, data or
personal information.
Any content selling or distributing pharmaceutical products on Rekovery.
You further agree to accept full liability and responsibility for all User Content
submitted by you or on your behalf to The Mobile Application.
Ownership of User Content
By submitting any User Content to The Mobile Application, you transfer ownership of such
User Content to Rekovery while it is available on this Site. Rekovery is under no
obligation to give credit or pay any consideration to you for any User Content you post
on or to The Mobile Application, or any use by Rekovery of such User Content.
Content that has been shared on Rekovery may not be reproduced, (re)distributed or
shared outside The Mobile Application without the written permission of Rekovery.
No Endorsement of Content or Businesses
You understand that by using The Mobile Application you may be exposed to content that
is inaccurate, misleading, or otherwise objectionable. The Mobile Application may also
contain hyperlinks to third party web sites outside of The Mobile Application. We have
no control over, and make no representation or endorsement regarding the quality,
certification, accuracy, timeliness, reliability, appropriateness or condition of any
content posted on The Mobile Application or third party sites, including without
limitation user reviews, quality of a Provider’s services and information obtained from
Health Grades, Inc., a third party content provider to The Mobile Application. In
addition, none of the content on The Mobile Application shall be considered the view or
opinion of Rekovery, its parent, subsidiary or affiliated companies, or its employees,
officers, directors, or shareholders. You understand and agree that under no
circumstances will Rekovery be liable for any loss or damage of any kind as a result of
your use of The Mobile Application or your reliance upon any content posted on or
otherwise made available through The Mobile Application. We also have no obligation to
review The Mobile Application's content or to pre-screen any of the Providers.
The Mobile Application does not provide medical advice and the content available on The
Mobile Application is not intended to be a substitute for professional medical advice,
diagnosis, or treatment. The healthcare provider ratings and reviews are statements of
opinion only and not statements of fact or recommendations to utilize any Provider’s
services and do not constitute medical advice. Always seek the advice of your physician
or other qualified health provider with any questions you may have regarding a medical
condition. Never disregard professional medical advice or delay in seeking it because of
something you have read on The Mobile Application. If you think you may have a medical
emergency, call your doctor or 911 immediately. Rekovery does not recommend nor endorse
any specific tests, physicians, products, procedures, opinions, or other information
that may be mentioned on The Mobile Application. You are solely responsible for
determining whether the information provided is suitable for their purposes, and
reliance on the information is at your sole risk. You should obtain additional
information as may be necessary for you to make an informed decision. Neither Rekovery
nor any third party content provider to The Mobile Application assumes any
responsibility or liability for any advice, treatment, or services rendered by any
Provider featured on The Mobile Application.
Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Terms of Service. This Terms of Service is
solely between you and Rekovery and is not intended to be for the benefit of any third
party except as expressly provided herein. If there is a dispute between participants on
this Site, or between users and any third party, you understand and agree that Rekovery
is under no obligation to become involved. You hereby release Rekovery, its officers,
employees, agents and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to disputes between you
and one or more users, Providers, third parties and/or any services.
Offline Conduct
Although Rekovery cannot monitor the conduct of its users off The Mobile Application, it
is a violation of the Terms of Service to use any information obtained from The Mobile
Application in order to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any user without his/her prior explicit consent.
Security
We utilize secure servers to protect your Registration Information. You will be
responsible for all activities that occur under your Registration Information. You agree
to immediately notify us in writing of any unauthorized use of your account with us.
Unauthorized Use of Site
You may not use any device, software or routine to interfere with the proper working of
The Mobile Application. You may not intercept or expropriate any system data or
information, or copy, reproduce, alter, modify, create derivative works, or publicly
display any content from The Mobile Application without the express written permission
of Rekovery. You may not take any action that imposes an unreasonable burden upon the
infrastructure used to support the efficient operation of The Mobile Application
including without limitation to unsolicited email (i.e. "Spam"). You shall not use any
method, including without limitation the use of robots, spiders, other automatic devices
or manual processes, to monitor or copy our web pages or the content contained on The
Mobile Application without the prior expressed written permission of Rekovery.
Disclaimers
Rekovery is provided "as is" and without any warranty or condition, express, implied or
statutory. Rekovery specifically disclaims any implied warranties of title,
merchantability, and fitness for a particular purpose, accuracy of informational content
and non-infringement. You assume full responsibility and risk for use of The Mobile
Application and hyperlinked web sites. We make no warranty that The Mobile Application
will meet your requirements or that the services provided on The Mobile Application will
be uninterrupted, timely, secure or error free. We also make no warranties as to the
results that may be obtained from the use of The Mobile Application or as to the
accuracy or reliability of any information obtained through The Mobile Application or
that any defects will be corrected. No advice or information, whether oral or written,
obtained by you from Rekovery shall create any warranty not expressly made herein. This
disclaimer is made to the fullest extent permitted by law. In addition, Rekovery
disclaims any and all liability for the acts, omissions, and conduct of any third party
users, Providers, Rekovery users, advertisers, and/or sponsors on The Mobile
Application, in connection with The Mobile Application or otherwise related to your use
of The Mobile Application. Rekovery is not responsible for the products, services,
actions, or failure to act of any Provider or third party in connection with or
referenced on The Mobile Application.
Limitations of Liability
In no event shall Rekovery, Rekovery, shareholders, affiliates, suppliers or their
respective authorized representatives be liable for any indirect, consequential,
incidental, special, punitive or exemplary damages, or for any loss of profits or
revenue, including but not limited to loss of sales, profit, revenue, goodwill, or
downtime, (however arising in tort, contract, or otherwise) regardless of such party's
negligence or whether such party knew or should have known of the possibility of such
damages, and in no event shall Rekovery’ total cumulative liability under this agreement
exceed US$50. You understand and agree that the download and upload of any material
through The Mobile Application is done at your discretion and risk and that you will be
solely responsible for any loss or damage to your computer system or loss of data that
may result in the download or upload of any material. Rekovery neither assumes, nor does
it authorize any person or entity to assume on its behalf, any liability in connection
with the provision of The Mobile Application. The limitations of liability provided in
these Terms of Service inure to the benefit of Rekovery, shareholders, affiliates and to
all of our respective officers, directors, employees, attorneys and agents and, in each
case, liability is limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Rekovery, Rekovery, shareholders,
subsidiaries, affiliates, officers, directors, employees, agents and advisors from and
against any and all claims, demands, actions, costs, liabilities, losses and damages of
any kind (including attorneys' fees) resulting from your use of The Mobile Application,
any User Content you provide, any violations by you of any applicable laws or
regulations, and any breaches by you of the Terms of Service.
Violations of Terms and Liquidated Damages
Please report any violations of these Terms of Service, by emailing to
support@rekovery.com. Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
Governing Law and Choice of Forum
This Terms of Service shall be governed by and construed in accordance with the laws of
the State of California, exclusive of its choice of law rules and matters affecting
copyrights, trademarks and patents under U.S. federal law. In any action to enforce this
Terms of Service, the prevailing party will be entitled to costs and attorneys' fees.
Any suit relating to this Terms of Service or The Mobile Application shall be brought
exclusively in the federal or state courts of Los Angeles, California and both parties
consent to the jurisdiction thereof.
Miscellaneous
In the event that one or more portions of the Terms of Service shall, for any reason, be
held to be invalid, illegal or unenforceable in any respect, such validity, illegality
or unenforceability shall not affect any other provision contained in the Terms of
Service. The headings used throughout the Terms of Service are solely for the
convenience of reference and are not to be used as an aid in the interpretation of the
Terms of Service. If you have any questions about the Terms of Service, contact us at
support@rekovery.com.
This Terms of Service was last updated on September 1st, 2016.