Terms of Use

Terms of Use

Last Updated July 15, 2024

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911.

Aware Recovery Care, Inc. (“we”, “us”, “our”, or similar) offers information about its addiction recovery services and the patient portal that allows patients to manage their information and records via its website located at awarerecoverycare.com (collectively, the “Services”). 

These Terms of Use (“Terms”) are by and between you and Aware Recovery Care and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Services (“Organization”). By accessing or using the Services, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.

By: (i) accessing or using the Services, including visiting our website, or (ii) otherwise clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. You also agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.

PLEASE CAREFULLY REVIEW THE WARRANTY DISCLAIMERS, INDEMNIFICATION OBLIGATIONS, JURY TRIAL WAIVER, AND CLASS ACTIONS WAIVER PROVIDED FOR BELOW.

Aware Recovery Care reserves the right to make changes to these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If you are dissatisfied with the Services or these Terms, you must discontinue using the Services.

Accessing the Services

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Services, solely and strictly in accordance with these Terms and applicable laws. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.

We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. Aware Recovery Care does not make any representations or guarantees regarding uptime or availability of the Services.

You are responsible for: (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

We may block, limit, or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

Your Information

You will need to provide certain registration details or other information to access the Services or some of the resources it offers. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to us via the Website, use of the Services, or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Patient Portal Account

In order to access the patient portal available via our website (“Portal”), you may be required to create an account with Aware Recovery Care that may include choosing an account name and setting a password. When you do so, the information you provide Aware Recovery Care must be accurate, complete and up-to-date. When registering with Aware Recovery Care, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. Depending on the level of permissions assigned to your user account, you may not have access to or be able to view or use all of the functions or features of the Services.

You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to Aware Recovery Care using the “Contact Us” details below. You will be held liable for losses incurred by Aware Recovery Care, or any other user of the Services, due to someone else using your Aware Recovery Care password or account. You shall not use anyone else’s Aware Recovery Care password or account at any time. Aware Recovery Care cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Bill Pay

If the Portal allows for you to make payments to Aware Recovery Care, such as paying a bill for services (a “Transaction”), you may be asked to supply certain relevant information, including your bank account information, credit or payment card number and expiration date, or similar payment information, and your billing address. You represent and warrant that you have the right to use any bank account, credit or payment card, or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant Aware Recovery Care the right to provide such information to third parties, or allow third parties to collect such information on our behalf, for the purposes of facilitating the Transaction.

Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that Aware Recovery Care is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.

Appropriate Use

The Services are controlled and operated by Aware Recovery Care from its offices within the United States. The Services are not intended to subject Aware Recovery Care to any non-U.S. jurisdiction or law. Aware Recovery Care makes no representation that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.

You shall not use the Services for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services or Aware Recovery Care systems, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

In connection with the Services, you must not: (i) transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious or could lead to the harm or deletion of any computer systems or data; (ii) use any device, software or routine that interferes with the Services; (iii) use the Services in an unlawful or fraudulent manner; (iv) impersonate any other person or misrepresent you identity in any manner, including through the use of another user’s credentials; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services; (vi) use any automatic device, process or means (including any bot) to access the Services for any purpose, including monitoring, scraping, exporting, or copying content or any data on or from the Services; and (vii) otherwise attempt to interfere with the proper working of the Services.

We reserve the right to terminate access to the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Intellectual Property Ownership

You acknowledge that, as between you and Aware Recovery Care, Aware Recovery Care owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party materials (such as the software powering the Portal), the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party materials, trademarks, images, and related designs.

Aware Recovery Care names and logos, including AWARE RECOVERY CARE, and all related product and service names, design marks and slogans are the trademarks or service marks of Aware Recovery Care or Aware Recovery Care’s licensors. All rights are reserved. You are not authorized to use any Aware Recovery Care name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Aware Recovery Care. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners. 

The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by Aware Recovery Care, are licensed to it, or are used with permission. Aware Recovery Care and its licensors, vendors or other service providers retain and reserve all proprietary and property rights to the contents of the Services.

Updates

We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features  for the Portal (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

User Content

The Services may allow you to upload, post, transmit, or share information, text, data, photographs, and other content (collectively, “User Content”), including through the Portal. In uploading, posting or sharing such User Content, you grant Aware Recovery Care and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Services or any other use described in our Privacy Policy. You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Content does and will comply with these Terms.

You are responsible for any User Content, including its legality, reliability, accuracy, and appropriateness. Aware Recovery Care is not responsible or liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Services.

The following content standards apply to any and all User Content and use of the Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by Aware Recovery Care or any other person or entity if this is not the case.
• Contain any information about a person under 18 years of age.
• Criticize Aware Recovery Care, the Services, or the service of any of Aware Recovery Care’s operational partners.

Aware Recovery Care may, in its sole discretion, deny any application to forward or further display User Content. Aware Recovery Care may also change these standards at any time without notice.

Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND AWARE RECOVERY CARE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. AWARE RECOVERY CARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AWARE RECOVERY CARE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Services.

Limitations of Liability

IN NO EVENT WILL AWARE RECOVERY CARE BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER AWARE RECOVERY CARE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL AWARE RECOVERY CARE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO AWARE RECOVERY CARE UNDER THESE TERMS IN THE 6-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS GREATER.