LEGAL

USER AGREEMENT

Thank you for using RecoveryPeople’s recovery residence certification management system.

IMPORTANT: By using this recovery residence certification management system, you agree to the below terms.  Therefore, please take a few minutes to understand this user agreement because it affects your legal rights.

For starters, let’s define some terms. Throughout this user agreement, we’ll interchangeably use the following words:

We’ll refer to this user agreement as an “Agreement” or the “Terms”.

We’ll refer RecoveryPeople’s recovery residence certification management system as “Service”.

We’ll refer to Recovery People as “we” or “us” or “our”.

We’ll refer to you and other users of the Service as “you” or “user”.

Who is RecoveryPeople and what is this Service?

RecoveryPeople is owned by SoberHood, which is a Texas-based 501(c)(3) nonprofit organization. By using the Service, you are entering into a legally enforceable contract with SoberHood.

This Service is a web-based online recovery residence management system, which is an online information management platform offered through the URL (https://recoverypeople.org). The Service’s primary purpose is to allow you to manage the certification process for recovery residences. For the certification process, the Service uses the most up-to-date standards created by the National Alliance of Recovery Residences (“NARR”).

What is this Agreement?

This Agreement is a legally enforceable contract between us and you. This means that by using this Service, you have entered into a legally enforceable contract and agree to these Terms.  If you do not agree with these Terms, you should not use our Service, which is why it’s important you take a few minutes to understand this Agreement.  Also, you must be of the age to legally enter into contracts, which is 18.  If you are not 18, you need the consent of a parent or legal guardian to use our Service.  If you are not 18 and don’t have the consent of a parent or legal guardian, you may not use our Service.

What is included in this Agreement?

This Agreement also includes our Privacy Policy, both of which are legally binding and incorporated into these Terms by reference.  You should take a few minutes to read each of these because, again, it affects your legal rights and your use of our Service.  This Agreement makes up the entire agreement and supersedes all prior agreements, representations, and understandings between us and you, which means anything not included in these Terms is not legally enforceable.

Further, we use Salesforce and Google Maps to provide certain features of the Service, and, as a result, we are obligated to make you aware of certain terms related to the use of such features. Therefore, by using the Service, you acknowledge and agree that you are also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy), and the Salesforce terms of service (hyperlink to Salesforce terms).

How does this Agreement work?

This Agreement governs your use of our Service. To use the Service, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information; and
  5. be based in the United States.

By using the Service, you represent that you meet all the requirements listed above. Further, you agree that you won’t use the Service in a way that is illegal. Note that by representing, you are making a legally enforceable promise.

Also, we may refuse service, close accounts of any users, and change eligibility requirements at any time.

How long does this Agreement last?

When you sign up for the Service and agree to these Terms, the Agreement between you and us is formed, and the term of the Agreement will begin. This Agreement will continue for as long as you have an account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Once you have created an account means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Can this Agreement be terminated?

Yes. You or us may terminate the Agreement at any time and for any reason by terminating your account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.

After my account has been terminated, can I reactivate my account using the same username?

No. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

Who’s responsible for my account name and password?

You are. You’re responsible for keeping your account name and password confidential. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

Who owns what information and how is that information used?

In general, our Services allow you to submit, store, send, upload, and receive content. To be clear, you retain ownership of any intellectual property rights that you hold in that content. In other words, what belongs to you stays yours.

When you use our Services, you give us (and those we work with) a worldwide license to use such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.

What does it mean to misuse our Services?

Using our Services does not give you intellectual property rights to any content of our Services. These terms do not permit you to use any of our branding or logos without our approval, nor do these terms allow you to hold your property out as being certified by our Services unless we authorize it. Misuse of our Services may result in legal action.

What if I have an account dispute?

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of the Service.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.

Can we change this Agreement?

Yes.  We may change this Agreement from time to time.  We will provide you with advance notice to any changes we make.  We’ll save the prior version, which you’ll be able to access on the website.  By using our Service after we make any changes to this Agreement, you agree to those changes.

How does payment work?

Cost will vary by state. However, there is a general formula all states will follow. You pay a flat fee plus a fixed dollar based on the number of beds of a particular property. Payment is made upfront before the certification process begins, upon electronic submission of your application for certification. For example,  $500 plus $20 per bed. This section will be updated as we service more states.

Does payment guarantee certification of your property?

No. If we guaranteed certification, that would make our process pointless. In other words, we do not guarantee that your application for certification will be approved. Therefore, please understand that submitting an application along with payment does not guarantee your property will be certified.

Can I get a refund?

Assessing each property is an involved process. We spend a lot of time and energy in thoroughly evaluating each property, and we take great care to ensure that each property we consider for certification meets our standards. The goal is to make sure people in or seeking recovery live in a safe, secure, and supportive environment. For this reason, we do not provide refunds.

What if I submit fraudulent payment?

This may go without saying, but please do not submit fraudulent payment. This essentially means that you are not allowed to submit payment using funds that are not yours or that you are not lawfully authorized to use. You may be prosecuted to the full extent the law permits, and we will cooperate with law enforcement

What if I submit fraudulent information on my application?

This may also lead to legal action against you. At the very least, it may lead to denial of certification and no refund will be provided.

Do we make any promises or guarantees about the Service we provide?

No.  We disclaim all warranties, which means that we don’t make any specific promises about the Service we provide. We provide the Service “as is”.  In other words, we do not guarantee that the Service will always work properly. We don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, which means that we don’t guarantee that the Service will be able to meet your needs – we hope it does, and we are always working to improve to Service, so please let us know how we can better serve you.

Are we liable for legal claims brought against us because of your actions?

No.  By using our Service, you agree to indemnify us from harm.  Indemnity is basically our way of avoiding liability due to your bad behavior. For example, if we suffer any sort of loss from a lawsuit, such as damages and costs, because of your conduct, you’re responsible for that loss.  In other words, you agree to pay us back for losses and pay for our legal defense.  Specifically, you agree to hold us, our affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of our Service, your violation of this Agreement, and/or your violation of the rights of any third party or person.

Are we liable for the content of third-party websites linked to our Service?

No.  Our Service is a place with many links to third-party websites.  We are not responsible for the content or actions of any third-party websites or services associated with posted links. You agree to take sole legal responsibility for the websites you visit from our Service.  This Agreement does not apply to any content on other websites related to those links. You should consult the terms and policies of those other websites to understand your rights.

What if any part of this Agreement is invalid or unenforceable?  

If it turns out that a section of this Agreement is invalid or enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

What if we fail to enforce this Agreement?

At any time and for any reason, if we do not enforce this Agreement, in whole or in part, that doesn’t mean that we have waived of our right to do so in the future.

What State’s laws apply if a dispute arises?

The State of Texas’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the State and Federal courts in Texas, and each party will be subject to the jurisdiction of those courts.

May you assign your rights under this Agreement?

No. You may not assign any of your rights under this agreement to anyone else. However, we may assign our rights to any other individual or entity at our discretion.

What if the Service stops working due to forces beyond our control?

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

Is this Agreement the entire agreement?

Yes. This Agreement contains the entire understanding between us, which means that any other agreements or discussions we may have that are not outlined in this Agreement are not binding.