Recovering Futures

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Terms and Conditions of Use

1.User’s Acknowledgment and Acceptance of Terms

Recovering Futures Inc. (referred to as “us” or “we”) provides the https://recoveringfutures.com(“Website”), Recovering Futures Peer CoRPS Mobile Application/ Telehealth Application(“App”) and all related players, widgets, tools, features, applications, data, software, and other services provided by Recovering Futures, Inc (the “Services”). The Website and App shall be jointly referred to as the “Platform” or “the site”.

Your ongoing use of our Platform is subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use“), as well as any other written agreement between us (or your company).  In addition, when using particular services or materials on our Platform, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use.  All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE OR MOBILE APPLICATION NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, MOBILE APPLICATION OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE, MOBILE APPLICATION AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE OR MOBILE APPLICATION.

These Terms of Use are effective as of April 7, 2022.  We reserve the right to change these Terms of Use at any time. Such changes, modifications, additions, or deletions shall be effective immediately. Notice of such change may be given by means including, but not limited to issuing an e-mail to the e-mail address listed by registered Users and posting the revised terms on this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered User. Your continued use of the site will constitute your: (a) acknowledgment of the modified Terms of Use; and (b) agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website, Mobile Application, and/or its contents.

2.Description of Services

We make various services available on our Platform including, but not limited to, the following:

Mobile Application: Provide and support Immediate Access to Mental Health Evaluation, Resources and Empowerment For Vets and for All Adults in need of services, and provide wellness support, education and information for all adults in need of Certified Recovery Peer Specialist (CRPS) services.

Website: Train, certify (where applicable), and prepare students for credential/license examinations within the Mental Health and Substance Abuse Treatment Fields.

Fees for the various services are set out in the membership and service fees described elsewhere on the Website.  You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you.  We shall not be liable to you or any third party should we exercise such right.  Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes.  Any new features that augment or enhance the then-current services on the Website or App shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through the Website or App may occur as normal events.  You further understand and agree that we have  no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3.Registration Data and Privacy

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required.  By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you.  Users of the Mobile Application hereby grant us the right to provide standard PHI, diagnosis, and treatment directions from clinicians to Peer mentors. The information we obtain through your use of our Platform, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4.Payment of Fees

If you subscribe to a service on this Website that requires payment of a fee, you agree to pay all fees associated with such service.  For all charges for services on the Website, we reserve the right bill the credit card you provide to us, or alternatively accept payment via a payment processor plugin. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within five (5) days of the change.

If, for any reason, your credit card company or payment processor refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your access to the service and require you to pay the overdue amount by other means acceptable to us.  We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

The costs associated with our Peer CoRPS APP are set by us but may not reflect the actual reimbursement we receive from a client or their insurance provider and are subject to change to reflect both demand and market prices for a similar service.

Requests for refunds of unused funds will be handled on a case-by-case basis, and if refunded, it will be transferred to the client in the same manner that payment was received by us.

5.Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site.  By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

(a)Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

(b)Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c)Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(d)Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(e)Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

(f)Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site.  In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.  You shall not interfere with anyone else’s use and enjoyment of the site or other similar services.  Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, subscription or use of any of our Platforms without prior notice to you for violating any of the above provisions.  In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6.Third Party Sites and Information

This Website may link you to other sites or training material on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.  These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

7.Intellectual Property Information

Copyright (c) All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website which we originated or creates.  This includes, but is in no way limited to, message boards, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Recovering Futures, Inc., its Affiliates, or the respective entity identified on the material.  You are only permitted to use the content as expressly authorized by us or the specific content provider.  Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website.  Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on orobtained through our Platform will not infringe the rights of third parties.  

The following are trademarks or service marks of Recovering Futures, Inc., or its Affiliates:  Recovering Futures, Inc.  All custom graphics, icons, logos and service names are trademarks or service marks of Recovering Futures, Inc. or its Affiliates.  All other trademarks or service marks are property of their respective owners.  Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Recovering Futures, Inc. or its Affiliates.

8.User’s Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.  We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

9.Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, RESULT IN CRPS CERTIFICATION OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE INFORMATION PROVIDED ON OUR PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SERVE AS MEDICAL ADVICE OR TO REPLACE CONSULTATION WITH YOUR PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. YOU ACKNOWLEDGE THAT THE INFORMATION ON OUR PLATFORM OR PROVIDED BY PEER MENTORS IS NOT INTENDED AS MEDICAL ADVICE, AND SHOULD NOT BE RELIED UPON, AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. PEER MENTORS ARE ONLY AUTHORIZED TO SHARE LIFE EXPERIENCES THEY’VE HAD THAT CAN HELP THOSE IN NEED OF SERVICE. USERS OF THE APP/ PERSONS IN NEED OF SERVICES UNDERSTAND THAT RECOVERY SUPPORT SERVICES, AS THE TERM IS USED HERE, REFERS TO NON-CLINICAL SERVICES THAT ARE DESIGNED TO HELP INITIATE AND SUSTAIN INDIVIDUAL/FAMILY RECOVERY FROM SEVERE ALCOHOL AND OTHER DRUG PROBLEMS AND TO ENHANCE THE QUALITY OF INDIVIDUAL/FAMILY RECOVERY THROUGH:

1. EMOTIONAL SUPPORT – DEMONSTRATIONS OF EMPATHY, LOVE, CARING, AND CONCERN IN SUCH ACTIVITIES AS PEER MENTORING AND RECOVERY COACHING, AS WELL AS RECOVERY SUPPORT GROUPS;
2. INFORMATIONAL SUPPORT – PROVISION OF HEALTH AND WELLNESS INFORMATION, EDUCATIONAL ASSISTANCE, AND HELP IN ACQUIRING NEW SKILLS, RANGING FROM LIFE SKILLS TO EMPLOYMENT READINESS AND CITIZENSHIP RESTORATION;
3. INSTRUMENTAL SUPPORT – CONCRETE ASSISTANCE IN TASK ACCOMPLISHMENT, ESPECIALLY WITH STRESSFUL OR UNPLEASANT TASKS SUCH AS FILLING OUT APPLICATIONS AND OBTAINING ENTITLEMENTS, OR PROVIDING CHILD CARE, TRANSPORTATION TO SUPPORT-GROUP MEETINGS, AND CLOTHING CLOSETS; AND
4. COMPANIONSHIP – HELPING PEOPLE IN EARLY RECOVERY FEEL CONNECTED AND ENJOY BEING WITH OTHERS, ESPECIALLY IN RECREATIONAL ACTIVITIES IN ALCOHOL- AND DRUG-FREE ENVIRONMENTS. THIS ASSISTANCE IS ESPECIALLY NEEDED IN EARLY RECOVERY, WHEN LITTLE ABOUT ABSTAINING FROM ALCOHOL OR DRUGS IS REINFORCING.

PEER MENTORS MAY NOT, AND DO NOT RENDER EVALUATION, HEALTH DIAGNOSIS OR TREATMENT TO PERSONS IN NEED OF SERVICE. PEER MENTORS ARE NOT THERAPIST/COUNSELOR, NURSE/PHYSICIAN, OR PRIEST/CLERGY. YOU AGREE THAT PEER MENTORS ARE NOT EMPLOYEES, AGENTS, CONTRACTORS, OR PERSONNEL OF RECOVERING FUTURES, INC., BUT ARE VOLUNTEERS. THEREFORE, RECOVERING FUTURES, INC DOES NOT AND CANNOT MAKE ANY WARRANTIES REGARDING THE SERVICE RENDERED BY THE PEER MENTOR, NOR DO WE ASSUME LIABILITY FOR PEER MENTORS ACTIONS OR INACTIONS.

EITHER PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON EITHER PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH EITHER PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors.  You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.  WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH EITHER PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH EITHER PLAFTORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Recovering Futures, Inc.  We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Recovering Futures, Inc. spokesperson speaking in his/her official capacity.  

In addition, the materials on this site may include sample or form agreements, letters or other documents, including legally significant documents such as contracts and other items (“Forms”).  These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice.  Under no circumstances will Recovering Futures, Inc. or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through our Website or App, including your use of any of the Forms.  It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this site.  

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, TORTIOUS, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PLATFORM REFERENCED OR LINKED TO  OR FROM THIS SITE.

OTHER THAN TO ASSURE THAT ALL PEER MENTORS ARE DULY CERTIFIED UNDER FLORIDA LAWS, WE ASSUME NO LIABILITY OR OBLIGATION TO SCREEN PEER MENTORS.  YOU AGREE TO RELEASE RECOVERING FUTURES, INC., FROM ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH THE PEER MENTORS TO THE BROADEST EXTENT PERMITTED BY APPLICABLE LAW.

IF THERE IS A DISPUTE BETWEEN YOU AND PEER MENTOR, THE MATTER SHALL BE RESOLVED EXCLUSIVELY BETWEEN SAID PARTIES. IF YOU HAVE A DISPUTE WITH A PEER MENTOR, YOU RELEASE RECOVERING FUTURES, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED OR LINKED THROUGH THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE TERMS IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS ARE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of our Platform.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12.Intentionally Omitted.

13.Intentionally Omitted.

14.Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our Platform, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.  You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through our Platform.  You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time.  You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

The accounts of our users operate on shared resources.  Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users.  Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

15.Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred.  Therefore, you must take steps to ensure that others do not gain access to your password and account.  Our personnel will never ask you for your password.  You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

16.Export Controls

Software available on or through our Platform is subject to United States Export Controls.  No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.  By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17.International Use

Although our Platform may be accessible worldwide, we make no representation that materials on our Platforms are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access our Platforms from other locations do so on their own initiative and are responsible for compliance with local laws.  Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

18.Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.  We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.  Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

Users of the Recovering Futures Peer CoRPS App may terminate use of our services by informing us that you are no longer interested in receiving services.

19.Governing Law

Our Platform (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places have laws that may differ from those of Florida, by accessing our Platform both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of our Platform and the purchase of products and services available through our Platform.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Volusia County and the United States District Court for Middle District with respect to such matters.

20.Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.  Notices to us must be sent to the attention of Customer Service at info@recoveringfutures.com, if by e-mail, or at 440 South Segrave Street, Daytona Beach, FL 32114 if by conventional mail.  Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data.  In addition, we may broadcast notices or messages through our Platform to inform you of changes to the Website, App, other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

21.Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.  To the extent that anything in or associated with our Platform is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

22.Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees.  Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to anything party, and any purported attempt to do so shall be null and void.  We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of our Platform, or use of or access to our Platform.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

RECOVERING FUTURES INC.

Terms and Conditions of Use