IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE RECOVERYTREK LLC WEBSITE, SOFTWARE AND SERVICES (AS DEFINED BELOW). BY ENTERING THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND RECOVERYTREK LLC WILL BE DETERMINED UNDER VIRGINIA LAW EVEN IF VIRGINIA’S CONFLICT RULES SAY OTHER RULES APPLY. YOU ALSO AGREE TO RESOLVE ALL DISPUTES WITH RECOVERYTREK LLC THROUGH SMALL CLAIMS COURTS OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND RECOVERYTREK LLC.  THESE TERMS AND CONDITIONS CANNOT BE MODIFIED UNLESS THEY ARE MODIFIED IN WRITING BY US. NO ORAL STATEMENTS BY US WILL CHANGE WHAT IS WRITTEN. IF ANY PART OF OUR TERMS AND CONDITIONS IS FOUND TO BE INVALID, THE PARTS THAT ARE VALID WILL STILL APPLY. TO THE MAXIMUM EXTENT THAT THE LAW ALLOWS, YOU AGREE TO LIMIT ANY LIABILITY BY RECOVERYTREK (INCLUDING ITS OFFICERS, EMPLOYEES, AND DIRECTORS) TO THE GREATER OF $300 OR THE AMOUNT THAT YOU HAVE PAID TO RECOVERYTREK DURING THE PRECEDING TWELVE MONTHS FOR SUBSCRIBING TO RECOVERYTREK’S SERVICES. THIS LIMITATION WILL APPLY REGARDLESS OF THE TYPE OF LEGAL THEORY YOU ARE ASSERTING. TO THE MAXIUM EXTENT THE LAW ALLOWS, THIS SAME LIMITATION APPLIES 1) TO THIRD-PARTY CONTRACTORS WHO PERFORM SERVICES FOR RECOVERYTREK SUCH AS CUSTOMER SUPPORT, SOFTWARE DEVELOPMENT, CLOUD SERVICES, OR CREDIT CARD SERVICES AND 2) TO RECOVERYTREK PARTNERS WHO RELY ON THE RECOVERYTREK SOFTWARE SUCH AS SUBSTANCE USE DISORDER TREATMENT CENTERS AND SOBER LIVING HOMES. TO THE MAXIMUM EXTENT THE LAW ALLOWS, RECOVERYTREK (INCLUDING ITS OFFICERS, EMPLOYEES, AND DIRECTORS) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THAT INCLUDES BUT IS NOT LIMITED TO LOSS OF WAGES, MEDICAL BILLS, DAMAGE TO REPUTATION, LOSS OF CONSORTIUM, AND EMOTIONAL SUFFERING. THE LIST IS LONG. TO THE MAXIUM EXTENT THE LAW ALLOWS, THIS SAME LIMITATION APPLIES 1) TO THIRD-PARTY CONTRACTORS WHO PERFORM SERVICES FOR RECOVERYTREK SUCH AS CUSTOMER SUPPORT, SOFTWARE DEVELOPMENT, CLOUD SERVICES, OR CREDIT CARD SERVICES AND 2) TO RECOVERYTREK PARTNERS WHO RELY ON THE RECOVERYTREK SOFTWARE SUCH AS SUBSTANCE USE DISORDER TREATMENT FACILITIES AND SOBER LIVING HOMES. BY CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE AND SERVICES OR OTHERWISE USING THE SOFTWARE AND SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL, AND MAKE NO FURTHER USE OF THE WEBSITE SOFTWARE AND SERVICES.

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By using this website, (the “RecoveryTrek Website”), or any of the software and services available on this site, the RecoveryTrek Success Management Software portal or the RecoveryTrek MobileTrek companion application, (the “RecoveryTrek Software”), you agree to all of the following written terms and conditions which will be referred to hereafter in this document as “Terms and Conditions.”  You must agree to all of the RecoveryTrek LLC Terms and Conditions or you may not use the RecoveryTrek Website or RecoveryTrek Software or services. If you’re using the RecoveryTrek Website or RecoveryTrek Software on behalf of another third-party individual or if you register or enroll a third-party individual for any RecoveryTrek service then you must fully communicate the Terms and Conditions to the third-party individual and ensure that they understand and accept the Terms and Conditions in full. If they are the individual that is being registered for or enrolled in a RecoveryTrek program that makes use of RecoveryTrek Software then you cannot accept the Terms and Conditions for them, they must accept the Terms & Conditions themselves.

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You may use the RecoveryTrek website and the RecoveryTrek software if you are thirteen years of age or older and your purpose is to (A) receive monitoring for a substance use disorder condition, (B) facilitate the monitoring of someone with a substance use disorder condition, (C) provide advocacy and support for someone with a substance use disorder condition, (D) learn more about the RecoveryTrek software to determine whether or not it may help someone you know with a substance use disorder condition, (E) learn more about the RecoveryTrek software as a business owner, officer or member of managerial staff tasked with the responsibility of managing or supervising patients, employees or volunteers that have a substance use condition in the course of their association with your business and (F) learn more about the RecoveryTrek software as a business owner, officer or member of managerial staff in a technology, laboratory, diagnostic, or healthcare organization with the responsibility of researching strategic or business partnership opportunities.  Use of the RecoveryTrek Website or RecoveryTrek Software for any other purpose is forbidden without express written permission from RecoveryTrek LLC. 

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If you have a paid subscription that allows you to use RecoveryTrek Software and stop paying the associated fees, then we may interrupt your access to the RecoveryTrek Software and services.

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The content on the RecoveryTrek Website and RecoveryTrek Software is copyrighted and is provided to you with no express or implied warrantees whatsoever as to content and is provided to you on an “As is” basis. You may download or print one copy of any materials on the site for your personal, non-commercial use. You may not modify the materials or any copyright or trademark notice. The screens you see when you use the RecoveryTrek software are also copyrighted. You may not take a screenshot or photograph of or in any way capture or disseminate any of these screens.

These Terms and Conditions may change from time to time. Each time you log on, you agree that you will be subject to the most recent version of the RecoveryTrek LLC Terms and Conditions. The most recent version of RecoveryTrek’s Terms and Conditions will be posted on the RecoveryTrek.com website. If a material change is made we will ask you to reconfirm the Terms and Conditions when you log on. If you do not agree to reconfirm, then you must contact RecoveryTrek’s Great Support department to cancel your subscription and discuss reconciliation of any account balance.  

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You agree that both you and the individuals identified in your TrekCircle may receive communications about your use of RecoveryTrek’s services by email and text such as welcome messages, check-in notifications, notification of test results and confirmation messages. Before members of a participant’s TrekCircle are activated a RecoveryTrek LLC Release of Information, (“ROI”), form must be executed by both parties. By executing the ROI the participant and Trek Circle member both release RecoveryTrek LLC from any responsibility or liability that may result from the sharing of the participant’s case file, alcohol screening or drug testing records. Furthermore participants and members of their Trek Circle indemnify and hold harmless RecoveryTrek LLC from any damages that occur as a result of any data shared from the participant’s account. RecoveryTrek LLC reserves the right to establish pricing for any and all services including but not limited to the number of Trek Circle members. If the participant wishes to have more than the default number of Trek Circle users in their circle then the participant agrees to pay the additional fees associated with the service.

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The personal information you submit to RecoveryTrek LLC is governed by the RecoveryTrek LLC Privacy Policy. To the extent there is an inconsistency between this Agreement and the RecoveryTrek LLC Privacy Policy, this Agreement shall govern.

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Certain information such as a screen display name or a profile photo and any information you post to a forum might identify you. If you do not want to be easily identified by persons outside your TrekCircle, you must exercise caution. For example: (A) choose a screen display name that is not like your real name so your identity is protected, (B) choose a photo that is not a photo of you or does not look like you so your identity is protected and (C) never give out your address or details that would reveal who you are.

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RecoveryTrek LLC has the right to use data that has been de-identified for any lawful purpose and assert exclusive ownership of such data. And also has a right but not an obligation to change or erase users’ data. RecoveryTrek LLC goes to great lengths and beyond industry standards to keep you data secure. However, RecoveryTrek LLC cannot guarantee that the RecoveryTrek LLC Website and RecoveryTrek LLC Software systems will not be hacked and/or that your information will not be stolen.

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RecoveryTrek LLC has the right to temporarily prohibit access to the RecoveryTrek LLC Website and Software in order to complete maintenance or respond to any security threat. If that should ever occur then RecoveryTrek will make every attempt to notify you in advance and display messaging on the RecoveryTrek LLC Website and Software so you are informed and can make plans to return and use the RecoveryTrek LLC Website and Software as soon after the systems are restored.

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The RecoveryTrek LLC Website contains functionality that may allow users to upload content to the RecoveryTrek Website and users may also upload content via our official brand presence on social media assets and branded hashtags (including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, collectively "Social Media Assets You agree that you will not upload or transmit any communications or content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or content to the RecoveryTrek LLC Website or RecoveryTrek LLC Software or Social Media Assets, you agree that such submission is non-confidential for all purposes. It is important to note that RecoveryTrek LLC is not responsible for the operation, terms of use or policies of any Social Media Asset. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy. If you make any such submission you agree that you will not send or transmit to RecoveryTrek LLC by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to RecoveryTrek LLC by email, you agree such submission is non-confidential for all purposes.

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If you make any submission to a Public Area or a RecoveryTrek LLC branded  Social Media Asset or if you submit any business information, idea, concept or invention to RecoveryTrek LLC by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-RecoveryTrek LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. RecoveryTrek LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Assets or to RecoveryTrek LLC by email. We try to answer every email in a timely manner, but are not always able to do so.

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You agree to only post or upload media (like photos, videos or audio) on the RecoveryTrek LLC site or a Social Media Asset that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

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To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

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By uploading any media on the RecoveryTrek LLC site or a Social Media Asset, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. All submitted pictures or videos of you with someone else unless require that you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the RecoveryTrek LLC Privacy Policy.

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You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the RecoveryTrek website.

By uploading any media on the RecoveryTrek LLC website or a Social Media Asset like a photo or video, (a) you grant to RecoveryTrek LLC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes RecoveryTrek LLC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify RecoveryTrek LLC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

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RecoveryTrek LLC reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

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The RecoveryTrek LLC Website and Software has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your RecoveryTrek LLC passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your RecoveryTrek LLC account and password; (3) promptly inform RecoveryTrek LLC if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant RecoveryTrek LLC and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the RecoveryTrek LLC Website. RecoveryTrek LLC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the RecoveryTrek LLC Website, Software and services.

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The content of the RecoveryTrek Website and RecoveryTrek Software, such as text, graphics, images, and other material contained on the RecoveryTrek Website and RecoveryTrek Software are for informational purposes only. We implement flexible systems and offer default processes based upon best practices and input from our leadership team and trusted advisors. 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 provider with any questions you may have regarding a medical condition or substance use disorder. Never disregard professional medical advice or delay in seeking it because of something you have read on the RecoveryTrek Website or RecoveryTrek Software.  If you think you may have a medical emergency, call your doctor or 911 immediately. RecoveryTrek LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the RecoveryTrek Website or RecoveryTrek Software. Reliance on any information provided by RecoveryTrek LLC, RecoveryTrek LLC employees, others appearing on the RecoveryTrek Website or RecoveryTrek Software at the invitation of RecoveryTrek LLC, or other visitors to the Website is solely at your own risk.

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RecoveryTrek reserves the right, but is not obligated, to do any or all of the following: (A) investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s), (B) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions, (C) terminate a user's access to any or all areas of the RecoveryTrek Website upon any breach of these Terms and Conditions, (D) monitor, edit, or disclose any communication in a public area of the RecoveryTrek Website or on a RecoveryTrek LLC Social Media Asset, and edit or delete any communication(s) posted on the RecoveryTrek Website or RecoveryTrek Software or Social Media Asset, regardless of whether such communication(s) violate these standards. RecoveryTrek LLC or its licensors have no liability or responsibility to users of the RecoveryTrek Website or RecoveryTrek Software or RecoveryTrek Social Media Asset or any other person or entity for performance or nonperformance of the aforementioned activities.

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In certain cases RecoveryTrek LLC may ship drug testing supplies to the participant. You agree that if drug testing supplies are shipped to you as a participant or to the participant in your care and delivery is documented by the independent carrier or by the United States Postal Service then the documentation will serve as proof of delivery and RecoveryTrek LLC will not be required to ship replacement drug testing supplies free of charge.

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The effectiveness of the RecoveryTrek software depends on the compliance of the participant. If the participant does not use the software on a regular, consistent or prescribed basis then RecoveryTrek LLC does not promise delivery of all services.  For example, if the participant’s CareTrek service plan includes five random drug screens per month but the participant doesn’t check in on a regular basis to see if they’ve been selected for a random drug screen then it may not be possible for the participant to be randomly screened five times in a given monthly period.  If RecoveryTrek LLC is unable to provide the total number of random drug screens purchased in a monthly subscription package because of noncompliance issues or incidents then RecoveryTrek LLC will not be responsible for any refund(s) associated with missed or reimbursement for unused drug testing supplies.  

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If your access to the RecoveryTrek LLC Website or Software is interrupted because of a RecoveryTrek error or outage for 8 hours or more, your sole remedy will be to demand that RecoveryTrek LLC extends your subscription by the number of days the failure caused you to miss using our system. In this case, you must notify us by e-mail within 5 business days of when the problem started and request an extension. The incident will be investigated and RecoveryTrek LLC will extend your subscription if it’s determined that RecoveryTrek LLC was at fault. RecoveryTrek LLC will not be responsible for failures that were caused by situations that are beyond the control of RecoveryTrek LLC. The following are examples of situations that would be considered to be beyond the control of RecoveryTrek LLC but this list of  situations does not constitute a complete list of possible situations that would be beyond the control of RecoveryTrek LLC: (outages caused by Hurricanes, Earthquakes, Blizzards, Tornadoes, Cyber-Attacks and acts of War).