Terms of Service
TERMS OF SERVICE
Your access to and use of the” Site” is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others that access or use the “Site.” By accessing the “Site” you agree to compliance with these terms. If you disagree with any part of these terms, then you may not access the “Site”.
SMART Recovery reserves the right to modify the Terms of Service at any time without advanced notice. Any changes to these Terms of Service will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Terms of Service and all changes. Return to this page periodically to ensure familiarity with the most current version of these Terms of Service.
YOUR RIGHT TO USE CONTENT ON THE SITE
Unless indicated as being in the public domain, all the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.
You may not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site, or in any way which is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, harmful purpose or activity.
SMART Recovery may terminate, suspend or disable your user ID and password without notice or liability for any reason including without limitation if you breach in the Terms of Service.
LINKS TO OTHER SITES AND SERVICES
The “Site” may contain links to third party web sites and services that are not owned or controlled by Smart Recovery. Smart Recovery has no control over and assumes no responsibility for, the content, privacy policies or practices of any third-party web sites or services. By acknowledging and agreeing to these terms of Service you agree that Smart Recovery shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, services or anything available through any of such websites or services.
USER ACCOUNTS AND AUTHORITY
By using this Site, you agree that the exclusions and limitations of liability set out in the following Disclaimer of Warranty/Limitations of Liabilities are reasonable. If you do not think they are reasonable, you must not use this Site.
You may be required to pay a fee to enroll and access a course on the Site, in which case, the following processes and requirements shall apply.
The processing of your payment information is done by a third-party vendor, and you will be re-routed to a secure website to complete the payment transaction. The privacy statement posted at the payment landing page operated by such third-party vendor will govern the submission and processing of your payment details. Please familiarize yourself with those terms prior to initiating a transaction.
Once your payment transaction is completed, you will be re-routed back to a SMART Recovery confirmation page and will receive a confirmation email with your name, order number and the payment amount. Please retain this email for your records.
REFUNDS AND COURSE WITHDRAWAL
Training registration fees are non-refundable. You may withdraw from the course by clicking on the unenroll link on the student dashboard. SMART Recovery has no obligation to issue a refund, but if you believe a refund is warranted, please email email@example.com.
By enrolling in a SMART Recovery training program course, you are joining a special worldwide community of learners sharing a desire to expand the reach of the SMART Recovery to those individuals in their area who may benefit from our program. SMART Recovery depends upon your motivation to learn the material and to do so with honesty and integrity.
By enrolling in a course, you agree to:
- Complete all tests and assignments on your own, unless collaboration on an assignment is explicitly permitted.
- Maintain only one user account and not let anyone else use your username and/or password.
- Not engage in any activity that would dishonestly improve your results, or improve or hurt the results of others.
- Not post answers to exercises, problems, quizzes, or exams that are used to assess student performance.
RULES FOR ONLINE CONDUCT
You agree that you are responsible for your own use of the Site and for your User Postings. "User Postings" include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with the Terms of Service and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.
Your User Postings must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to any legal action whether against you, SMART Recovery or a third party (in each case under any applicable law). You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Representations and Warranties. By submitting or distributing your User Postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize SMART Recovery and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not SMART Recovery, are solely responsible for your User Postings and the consequences of posting them.
License Grant to SMART Recovery. By submitting or distributing your User Postings, you hereby grant to SMART Recovery a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels.
License Grant to SMART Recovery Users. By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.
User Postings Disclaimer. You understand that when using the Site, you will be exposed to User Postings from a variety of sources and that SMART Recovery is not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive any legal or equitable rights or remedies you may have against SMART Recovery with respect thereto. SMART Recovery does not endorse any User Postings or any opinion, recommendation or advice expressed therein. SMART Recovery does not have any obligation to monitor any User Postings or any other user communications through the Site.
However, SMART Recovery reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to the Terms of Service, SMART Recovery may investigate the allegation and determine in its sole discretion whether to remove the User Posting.
THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other software that may damage the operation of another's computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
If you are found in violation of the Terms of Service, you may be subject to one or more of the following actions:
- Receiving a zero or no credit for an assignment;
- Having any certificate earned in the course withheld or revoked;
- Being unenrolled from a course; or
- Termination of your use of the Site.
Additional actions may be taken at the sole discretion of SMART Recovery. If a determination has been made of a violation, you will be notified and informed of the action to be taken for the violation.
CERTIFICATES, BADGES, ETC.
SMART Recovery may issue a certificate of completion (a "Certificate") and/or another acknowledgment (a “Badge”) to participants who, in their sole judgment, have satisfactorily completed the training and demonstrated an understanding of the course material. The decision whether a Certificate or Badge will be awarded is in the sole discretion of SMART Recovery. SMART Recovery may choose not to offer a Certificate or Badge for some courses.
A Badge designates you’ve been trained for a specific SMART Recovery volunteer role. You may use a Badge for your own personal promotional, advertising and/or marketing purposes.
The issuance of a Certificate, however, is only to provide an acknowledgement of the completion of the course for which it was issued. You may not use the Certificate in any way that deliberately or inadvertently claims, suggests or gives the appearance or impression of being an endorsement or a certification by SMART Recovery.
Use of SMART Recovery Trademarks and Service Marks. The "SMART Recovery" name, logos and seals are trademarks ("Trademarks") of SMART Recovery. With limitations, you may use the SMART Recovery name and logo for your SMART Recovery meeting advertising and promotional purposes. You may not use in any way that deliberately or inadvertently claims, suggests or, in the sole judgment of SMART Recovery, gives the appearance or impression of a relationship with or an endorsement by SMART Recovery.
Other Trademarks. All Trademarks not owned by SMART Recovery that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
Termination Rights; Discontinuation of Courses and Content. You agree that SMART Recovery, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. SMART Recovery reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through SMART Recovery, or to cease providing any part or all of the Site content or related services, and you agree that SMART Recovery will not have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of the Terms of Service will survive any such termination.
Waiver and Severability of Terms of Service. The failure of SMART Recovery to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms of Service shall remain in full force.
Law and Jurisdiction. You agree that the Terms of Service and any claim or dispute arising out of or relating to the Terms of Service or any content or service obtained from or through the Site will be under the exclusive jurisdiction of the courts of the country, state, province or territory determined solely by SMART Recovery to resolve any legal matter arising from this agreement or related to your use of this Site.
You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
DISCLAIMERS OF WARRANTY/LIMITATIONS OF LIABILITIES
To the fullest extent permitted by applicable law, you agree that neither SMART Recovery will not be liable for any loss or damages, either actual or consequential, arising out of or relating to these Terms of Service.
You accept that, as a 501(c)(3) non-profit organization, SMART Recovery has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SMART Recovery officers or employees in respect of any losses you suffer in connection with the Site. You agree that the limitations of warranties and liability set out in this Site disclaimer will protect SMART Recovery and its’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
You agree to defend, hold harmless and indemnify SMART Recovery, their respective agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SMART Recovery or one of the SMART Recovery Participants will provide you with written notice of such claim, suit or action.
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org.
Effective: JUNE 15, 2017