ADHD reWired Terms of Service. Last updated May 19, 2021
Welcome to the Terms of Service for ADHD reWired.
These Terms of Service (“TOS”) govern all use of ADHD reWired’s services (including Membership Services as defined in these TOS, Podcasts, and Events) and websites (including https://www.adhdrewired.com/ and https://adult-study-hall-by-adhd-rewired.mn.co/, including all associated webpages and interactive resources, such as profiles, blogs, and forum discussions, as applicable) (services and websites are referred to as the “Site”). The Site is owned and operated by Tivers Clinical Specialties, P.C., d/b/a ADHD reWired (“ADHD reWired,” “we,” or “us”).
By using the Site, you agree to be bound by and comply with the terms and conditions in these Terms of Service. We reserve the right to modify, add to, or delete from these Terms of Service at our sole discretion at any time by posting a revised version of these Terms of Service on this page. Each version of these Terms of Service will indicate at the top of this page the date the Terms of Service were last revised. Your continued use of the Site after any revised version of these Terms of Service is posted constitutes your acceptance of the revised Terms of Service. Because these Terms of Service may change from time to time, it is important that you regularly review these Terms of Service to ensure that you are updated as to any changes. These Terms of Service, including any posted revisions, shall remain in full force and effect while you use the Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE as they contain important information about your legal rights and obligations. If you do not understand these or any future Terms of Service, or if you do not or cannot agree to these or any future Terms of Service, do not use (or continue to use) the Site.
The Site is intended for access and use only by U.S. residents who are at least eighteen (18) years old.
When we refer to the “use” of the Site, we mean any actual or attempted access to or use of the Site, including, without limitation, any access to, transmission with, exchange of information with, use of, or communication associated with the Site. As used in these Terms of Service, a “user” is anyone who uses the Site.
If any new aspects or components of the Site become available, they will be considered a part of the Site, and your use of them will be governed by these Terms of Service unless we notify you that different terms and conditions apply. You must comply with any additional terms that apply to third-party content, material, information, software, or other services.
RULES OF CONDUCT
We’re pleased to offer several services, including Coaching Groups, Alumni Community, Adult Study Hall, Podcasts, and Events. In addition to the General Rules of Conduct that apply to any use of the Site, there may be specific Rules of Conduct that apply to particular services. Please make sure to review these Rules of Conduct as you are responsible for complying with them.
General Rules of Conduct
We do our best to keep the Site a safe and welcoming space, but we cannot guarantee it. We need your help to make this happen. You agree to use the Site solely for lawful purposes, in compliance with all applicable laws as well as with these TOS. You agree to abide by these Rules of Conduct for any use of the Site.
By way of example and not as a limitation, you agree that, when using the Site, you will not:
- Send or otherwise post (as defined in these TOS) unauthorized commercial communications (such as spam).
- Advertise or offer to sell or buy any goods or services for any business purpose, unless you obtain our prior written permission.
- Solicit for any open jobs or positions, either temporary or permanent, or make any other type of solicitation that we in our sole discretion deem to be inappropriate.
- Engage in political campaigning, recruiting votes, or soliciting support for legislative or other initiatives,
- Collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- Engage in unlawful multi-level marketing, such as a pyramid scheme or chain letters.
- Upload files that contain viruses, corrupted files, malicious code, or other similar software or programs that may damage the operation of another’s computer.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Solicit login information for or access an account belonging to someone else.
- Defame, abuse, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of any other person.
- Publish, post, upload, distribute, or otherwise disseminate any content that is inappropriate, profane, defamatory, obscene, indecent, unlawful, hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- Develop or operate a third-party application containing, or advertise or otherwise market alcohol or tobacco-related or other mature content without appropriate age-based restrictions.
- Offer any contest, giveaway, or sweepstakes (“promotion”) on the Site.
- Use the Site to do anything unlawful, misleading, malicious, or discriminatory.
- Do anything that could disable, overburden, or impair the proper working of the Site, such as a denial-of-service attack.
- Facilitate or encourage any violations of these Terms of Service.
- Post anyone’s identification documents or sensitive financial information on the Site.
- Interfere with or disrupt the integrity or performance of the Site, any portion or contents thereof, or related systems or networks.
- Use the Site in any way that degrades its reliability, speed, or operation, or underlying hardware or software.
- Restrict or inhibit any other user from using and enjoying the Site.
- Violate any applicable laws or regulations.
We have the right to investigate occurrences that may involve such violations and may involve, provide information to, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You are solely responsible and liable for any activity, behavior, use, and/or conduct that breaches any terms or conditions of these Terms of Service. You agree we have no responsibility to you or to any third party for any breach of your obligations under these Terms of Service or for the consequences (including any loss or damage that we may suffer) of any such breach.
Persons found in violation of any of these rules or any aspect of these Terms of Service, as decided by us in our sole discretion, may have their access to the Site blocked. Violations of system or network security or these Terms of Service may result in civil or criminal liability.
Rules of Conduct for Adult Study Hall (“ASH”) and Alumni Community Sessions
We provide online “study halls” (currently via Zoom) for ASH Members and the Alumni Community Members. Help us make the study halls the amazing co-working space it can be for adults with ADHD. Here are our Rules of Conduct designed to achieve this goal by keeping the space safe and fostering accountability and productivity. These Rules apply to all use of study halls, whether as an ASH Member, an Alumni Community Member, or host, and including ASH On Demand and ASH Member-Hosted Sessions.
- Keep your video on.
- If for some reason you need to turn it off (which should only happen in rare circumstances), you must let people know why either in the chat, by adding your reason to your name (via the rename function), or using text overlay via a third-party app. You must turn the video back on as soon as possible.
- You must keep your audio off. Because audio is never used during these sessions, there is no need to connect to audio. Make sure to keep yourself muted or disconnect from audio to avoid accidentally unmuting yourself.
- Use your real name.
- Make sure you are appropriately attired.
- Make sure that your background is not inappropriate or too distracting to others.
- Share what you are working on in the chat. Click on “rename,” then add your task after your name. You can use a third-party program (such as Manycam) to display your task(s) on screen.
- Do your best to stay on task. We want people to develop a sense of community, but we also want this to be a productive space. If you realize you are posting material in the chat that is not related to the task you are working on or supportive of someone else (see below), please get back on track as soon as possible.
- Be supportive. Be quick to support other members without telling anyone what they “should” do.
- Report any disruptive behavior. Our goal is to keep ASH rooms (currently Zoom rooms) open for you 24/7, and it’s critical that these are safe spaces. For this to work, we ask that you report any user who is not using ASH (or any other services) in an appropriate way. Please let us know by emailing [email protected].
- Do not advertise. Do not post any information about any goods or services you provide in the chat. We reserve the right to terminate your membership in our sole discretion if you do this.
- Do not share links to study hall rooms or invite anyone else to join a study hall room.
- If you would like someone to join, you should click on the invite button in the Mighty Network.
- We have a ZERO tolerance policy for trolling, self-promotion, judgment, or any other abusive, hateful, racist, sexist, or otherwise unacceptable behavior, and we reserve the right to terminate your membership in our sole discretion.
- Some study hall sessions may be open to both ASH members and Alumni Community members, and other sessions may be limited to only certain members. We will try to make this information clear, and you are responsible for knowing which sessions are open and which are limited.
- You are solely responsible for your behavior and conduct when participating in any study hall sessions (as well as with any other use of the Site). We are not responsible for the behavior or conduct of any user, and we are not liable for any damage or harm that may result from any user’s behavior or conduct.
- Abide by the General Rules of Conduct.
ASH Hosts. ASH members and Alumni Community members may host study hall sessions. The Rules of Conduct for ASH and Alumni Community Sessions apply to every person who hosts a session, and by hosting the session, you agree to follow those Rules.
Terms and Conditions for Membership Services. The Site includes Membership Services, such as Coaching Groups, Adult Study Hall, and Alumni Community. To become a Member in any of our Membership Services, you must agree to the terms and conditions of our ADHD reWired Membership Agreement.
When you use the Site, you may have access to, and/or share with other Site users, Confidential Information. Your use of any Confidential Information is subject to the terms and conditions provided below.
“Confidential Information” means any information, materials, data, or other communications of any Site user, including User Generated Content, whether in tangible or intangible form, whenever and however disclosed. Confidential Information includes, but is not limited to: any explanation of or information about any organizational or personal challenges, impediments, or opportunities, including those involving others, both within and outside of this community, without the express written or oral permission of those parties to disclose; any other information that should reasonably be recognized as Confidential Information by Site users.
When using the Site, you (as a disclosing party) may disclose Confidential Information to other Site users and you (as a receiving party) may have access to or receive Confidential Information provided by other Site users.
As a receiving party, you agree that:
- You will use Confidential Information solely in connection with the purposes provided in these TOS and not to use it for any other purpose without the prior written consent of the disclosing party.
- You are solely responsible for ensuring that the obligations of confidentiality in these TOS or any agreement between you and a disclosing party are maintained, and you will assume full liability for the acts or omissions made by those to whom you disclose such Confidential Information.
- You will use Confidential Information exclusively for the permitted purpose and not use it for your own purposes or benefit.
- You will not disclose any Confidential Information to any third parties except as otherwise provided in these TOS.
- You will treat all Confidential Information with at least the same degree of care as you treat your own Confidential Information.
- All existing and future intellectual property rights related to Confidential Information are the property of the disclosing party. You will not apply for or obtain any intellectual property protection in connection with any Confidential Information received. Any modifications and improvements to any Confidential Information received shall be the sole property of the disclosing party.
- You will promptly return or destroy all copies of Confidential Information, including all notes and derivatives of Confidential Information, disclosed, upon the earlier of termination of these Terms of Service or the disclosing party’s request to you. If required by applicable law, you may retain Confidential Information, provided that such Confidential Information (or copies thereof) is subject to an indefinite confidentiality obligation.
- If you are asked to disclose Confidential Information to any judicial, administrative, regulatory authority, or similar body, or if you are required to disclose Confidential information by law, you shall immediately notify the disclosing party of the terms of such disclosure, and collaborate to the extent practicable with the disclosing party to comply with the order and preserve the confidentiality of the Confidential Information.
- You agree that the disclosing party will suffer irreparable harm if its Confidential Information is made public, disclosed to a third party, or otherwise disclosed in breach of these TOS, and that the disclosing party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such a breach, an award of actual and exemplary damages from any court of competent jurisdiction.
- You will immediately notify the disclosing party upon becoming aware of any breach of confidentiality by anybody to whom you have disclosed the Confidential Information, and you will give all necessary assistance in connection with any steps that the disclosing party may wish to take to prevent, stop, or obtain compensation for such a breach or threatened breach.
Any Confidential Information subject to this Agreement is made available “as such” and no warranties of any kind are granted or implied with respect to the quality of such information including, but not limited to, its applicability for any purpose, non-infringement of third-party rights, accuracy, completeness, or correctness.
No Site user shall have any liability to any other Site user resulting from any use of the Confidential Information except with respect to disclosure of such Confidential Information in violation of these Terms of Service.
You are not under any obligation to disclose any Confidential Information. If you choose to disclose any Confidential Information on or through the Site, you agree that your disclosure of such Confidential Information in no way imposes any obligation, whether of confidentiality or otherwise, on us, and we shall not be liable for any claims arising out of or relating to any use, nonuse, misuse, or disclosure of any Confidential Information.
ACCOUNT INFORMATION, MEMBERSHIP INFORMATION, USER NAMES, IDS.
You must provide valid and accurate account and membership information, as applicable (together, “Account Information”), and you must keep your Account Information up to date, particularly your email and mailing addresses.
You are not permitted to transfer your account to anyone without first getting our written permission.
If you select a user name that infringes the rights of a third party (such as when a trademark owner complains), we reserve the right to remove or reclaim it if we believe it appropriate.
Your email, password, and any additional codes or passwords are collectively referred to herein as “IDs.” Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Site under any circumstances. You agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your IDs, you agree to notify us immediately by contacting us as provided here (see the Contact Us section). You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person(s) to access and use the Site using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.
We have no liability for, and you bear the sole and exclusive risk associated with, use of or reliance on the accuracy, quality, completeness, reliability, or usefulness of any data, information, or material in connection with any of your IDs.
USER GENERATED CONTENT
We may provide you with areas on or through the Site where you may be able to post, upload, transfer, send, publish, link to, or otherwise make available (together, “post”) any posts, reviews, ratings, opinions, comments, messages, chats, files, images, photos, videos, survey answers, materials, information, feedback, listings, or other content (together, “User Generated Content”) on or through the Site. User Generated Content includes any Confidential Information you disclose on or through the Site.
There may be times where we want to use User Generated Content to promote the Site, ADHD reWired business, or the ADHD reWired brand. We will not do so unless we obtain your prior written permission.
Without limiting the generality of the foregoing grant of license, by posting any of your User Generated Content on or through the Site, you acknowledge and agree that:
- You are granting us (and downstream users) permission to: (i) display advertisements in connection with your User Generated Content and to use your User Generated Content for advertising and promotional purposes without compensating you in any way, and (ii) make your User Generated Content available to the general public and our customers through the Site and third-party websites, through RSS feeds, and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way;
- We have no obligation to post, maintain, use, or respond to any User Generated Content submitted to the Site;
- The posting of User Generated Content to the Site in no way imposes any other obligation on us, whether of confidentiality, attribution, or otherwise, and we shall not be liable for any claims arising out of or relating to any use, nonuse, modification, distribution, reproduction, display, or disclosure of any User-Generated Content;
- None of the User Generated Content will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part, and we will not be liable for any use or disclosure of any User-Generated Content;
- No fees, royalties, or any other monies (together, “Royalties”) will be owed to any person by reason of any User Generated Content, and if any Royalties are owed, you will pay all such Royalties;
- User-Generated Content submitted to the Site may be subject to size and usage limitations, other limitations and restrictions, and the terms of these Terms of Service, and you are solely responsible for adhering to such requirements with regard to any User Generated Content you post to the Site; and
- We may access, copy, preserve, and disclose your User Generated Content if required to do so by law or in a good faith belief that such access, copying, preservation, or disclosure is reasonably necessary to: (i) comply with legal process or applicable law, (ii) enforce these Terms of Service, (iii) respond to claims that any User Generated Content violates the rights of third-parties, (iv) respond to your requests for assistance, (v) prevent or investigate a crime, or (vi) protect the rights, property, or personal safety of us, or others.
- We are committed to helping maintain the confidentiality of User Generated Content. In the Confidentiality section of these Terms of Service, we provide the expectations and obligations that all users have regarding Confidential Information, which includes User Generated Content. We will make reasonable efforts to maintain the confidentiality of your User Generated Content, but we cannot guarantee that User-Generated Content will be kept confidential by other users. The only way to guarantee that your User Generated Content is kept confidential is to refrain from posting it. Keep in mind that everything you share is voluntary; do not share anything you wish to remain private.
- The license you grant to us is non-exclusive (meaning you are free to use or license your User Generated Content to anyone else), fully-paid and royalty-free (meaning that neither we nor any downstream users are required to pay you for the use of your User Generated Content), fully sub-licensable (so that, for example, we are able to sublicense your User Generated Content to our sponsors, subscribers to the Site or affiliate sites, and to visitors to the Site who may access, use, transmit, stream, download, print, and further sublicense your User Generated Content), worldwide (because the Internet and the Site may be global in reach), and fully assignable (so that, for example, if we sell our business, reorganize, or merge with another business, the new owner may continue to operate the Site under the ADHD reWired brand or another name). This license may be exercised by us and our licensees in any format, media, or technology, now known or hereafter developed. Notwithstanding anything to the contrary in these Terms of Service, to the fullest extent permitted by law, you waive any and all claims you may now or later have in any jurisdiction to any “moral rights” with respect to any User Generated Content, and all rights of privacy or publicity in, or approval rights with respect to, your User Generated Content.
We Do Not Claim Ownership of User Generated Content. We do not assert any ownership over User Generated Content; rather, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of User Generated Content and any intellectual property rights and other proprietary rights associated with User Generated Content. You are solely responsible for protecting your intellectual property rights in your User Generated Content. We cannot and do not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.
Your Representations and Warranties with Respect to User Generated Content. You acknowledge that the grant of license in these Terms of Service is supported by good, valuable, and sufficient consideration. By posting any User Generated Content, you represent and warrant that: (a) you own the User Generated Content or otherwise have the right to grant the license set forth in these Terms of Service; (b) the posting of your User Generated Content on or through the Site does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; (c) you have read and understood these Terms of Service and your User Generated Content fully complies with these Terms of Service and applicable laws.
You Are Legally Responsible for Your User-Generated Content. Failure to comply with these Terms of Service may expose you to liability to us and liability to individuals or legal entities whose copyrights or other rights have been violated. We strongly recommend that you review these Terms of Service regularly and contact us first if you have any questions about the suitability of materials you wish to post. Remember, once User Generated Content is posted, it may quickly be transferred to other websites and media that we do not control, and it may be impossible to recover or delete. You expressly agree that we have no responsibility for or control over the User Generated Content you may post on or through the Site.
INTELLECTUAL PROPERTY RIGHTS
You are permitted to use Content and Trademarks, but only as provided in these Terms of Service. Please keep in mind that you have no rights in or to any Content or Trademarks, and you are not permitted to use any Content or Trademarks except as specifically permitted under these Terms of Service. This means that you may not do, or allow anyone else to do, anything with Content or Trademarks that is not specifically permitted under these Terms of Service. Any rights not expressly granted in these Terms of Service are reserved.
Content. The information and materials displayed, provided, or otherwise made available on or through the Site, directly or indirectly, including without limitation any and all data, text, photographs, graphics, images, materials, music, audio and video clips, logos, icons, software, User Generated Content, and links (collectively, the “Content”) are intended to educate, inform, and entertain you. The Site is owned and operated by us, and the Content (and any intellectual property and other rights relating thereto) is and will remain our property and the property of our licensors and suppliers, as applicable, except as otherwise provided in these Terms of Service (see the User Generated Content section for ownership of User Generated Content, as applicable). You acknowledge that you do not acquire any ownership rights by using the Site or the Content.
The Content and the selection, compilation, collection, arrangement, and assembly of any Content are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You are permitted to use Content solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Service, or as expressly authorized in writing by us. Unless otherwise specifically set forth in these Terms of Service or we give you written permission, you are permitted to use, access, download, and/or copy the Content (and print a single copy) only for your personal and non-commercial use, and you will not alter, erase, or otherwise obscure our copyright, trademark, proprietary, or other notices on the Content. Modification of the Content or use of the Content for any purpose other than as permitted in these Terms of Service is a violation of our copyright and other proprietary rights, and is strictly prohibited.
You acknowledge and agree that the Content: is made available for your personal informational, educational, and entertainment purposes only without representation or warranty of any kind; is not a substitute for legal advice or your judgment; and should not be construed as an endorsement by or representation of our opinions. We do not give legal or medical advice. Your reliance upon any Content obtained by you on or through the Site is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party material. We may change the Site or delete Content or features at any time, in any way, for any or no reason, in our sole discretion.
- The term “Trademarks” means any and all registered and common law trademarks, service marks, trade names, trade dress, logos, brands, brand names, Internet domain names, and other indications of origin owned by us, whether currently or in the future.
- The look and feel of the Site as well as all page headers, graphics, button icons, and scripts, is our proprietary trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written consent.
- Nothing contained herein grants or shall be construed to grant you any rights or license to use any Trademarks, including without limitation as a domain name or part of a domain name or as a meta tag, keyword, or other type of programming code.
- All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners. Reference on the Site to any product or service by name on the Site does not constitute or imply our endorsement, sponsorship, or recommendation of the product or service, unless expressly so stated.
- The Trademarks may not be used in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among customers, or in any manner that may disparage or discredit us.
- You may not use any of the Trademarks to create a link to the Site without our prior written consent.
- Except as otherwise provided in these Terms of Service, the Content as well as the underlying programming code to create the Site is owned by us, is protected under U.S. and international copyright law and other intellectual property law, and may not be copied, reproduced, distributed, modified, or publicly displayed without our prior written permission. You may request permission by contacting us as provided in the Contact Us section.
- Nothing contained herein grants or shall be construed to grant you any rights to use any of the Content or its underlying programming code.
- We respect other people’s rights, and expect you to do the same. By way of example, you will not post content or take any action on the Site that infringes or violates someone else’s rights, including their copyrights, or otherwise violates the law.
- We reserve the right to remove any content or information you post on the Site if we believe, in our sole discretion, that it violates these Terms of Service.
- If you infringe other people’s intellectual property rights, we may disable your account when deemed appropriate by us in our sole discretion.
- All contents of the Site: © 2021 Tivers Clinical Specialties, P.C., d/b/a ADHD reWired and/or our Affiliates. All rights reserved.
- Copyright Complaints. We respect the intellectual property rights of others. We may, under appropriate circumstances and at our sole discretion, disable and/or terminate access to or use of the Site for those users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: See contact for legal matters available in the Contact Us section.
Feedback. You acknowledge and agree that if you submit any comments, feedback, ideas, or related materials to us about the Site, including possible developments (together, “Feedback”), we make no assurances or warranties that such Feedback will be treated as confidential or proprietary. By submitting Feedback, you are waiving any and all rights that you may have in and to the Feedback, and you are representing and warranting to us that the Feedback is wholly original with you, that to the best of your knowledge no one else has any rights in the Feedback, and that we are free to implement the Feedback if we so desire, as provided or as modified by us, without obtaining permission or license from any third party.
Unsolicited Ideas Submission. Note that we do not accept or consider unsolicited submissions concerning our business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans, or new product/service names. Please do not send us such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when our services, products, or marketing strategies appear similar to ideas submitted to us. All such submissions to us are considered our property. We do not have an obligation to protect the confidentiality of any such submission. We will exclusively own all known or later-existing rights to such submission worldwide, and we will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third-party provider of such submission.
THIRD-PARTY APPLICATIONS AND SITES
Integration with Third-Party Applications. The Site may contain features designed to interoperate with Third-Party Applications (as defined below). If you wish to use such features, you may be required to obtain access to such Third-Party Applications from their providers. If the provider of any such Third-Party Application ceases to make the Third-Party Application available for interoperation with the Site, we may cease making such Third-Party Applications available on the Site. You acknowledge and agree that we are not the provider of the Third-Party Applications and that we disclaim any and all liability arising out of your use of the Third-Party Applications. For purposes of these Terms of Service, “Third-Party Application” shall mean online applications and offline software products that are provided by entities or individuals other than us, and that interoperate with the Site, including without limitation the hosting services provided by Amazon Web Services or any other company used by us for cloud hosting services for the Site.
Links to Third-Party Sites. The Site may provide links to other websites or resources (the “Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, any advertising, products, services, or other materials on or otherwise made available via such Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services made available on or through any Linked Site.
NO OBLIGATION TO MONITOR; RESERVED RIGHTS
We do not undertake any obligation to monitor, moderate, regulate, or prescreen (together, “monitor”) any information and/or data posted by any users of the Site. Our removal of information and/or data in specific circumstances shall not be deemed a general undertaking to monitor.
You acknowledge that you may be exposed to information that you find offensive or otherwise objectionable.
We may provide information to help you identify certain postings as advertisements, but we cannot assure that we will be able to do so in all cases, and you ultimately are solely responsible for determining the validity and reliability of any information that you read on the Site.
Although we do not actively monitor your use of the Site, we reserve the unconditional right (but not the obligation) to remove, move, or edit any User-Generated Content that we in our sole discretion may consider harmful, offensive, unprofessional, disruptive, or in violation of these Terms of Service or any law, regulation, or agreement, including, without limitation:
- User-Generated Content that reasonably could be construed as a violation of federal or state or applicable law prohibiting anti-competitive activities or unfair trade practices;
- User-Generated Content that infringes any other person’s or entity’s rights, including but not limited to proprietary, copyright, trademark, service mark, trade dress, or privacy-related rights.
We further reserve the unconditional right to:
- Change, terminate, or suspend the Site, any features of the Site, and/or any content or materials contained in the Site, in any way, at any time and for any reason or no reason.
- Require you to cease accessing any features, content, or materials of the Site.
You understand and agree that we have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.
RIGHT TO RESTRICT OR TERMINATE USE
We reserve the right to block, restrict, disable, suspend, or terminate your access to all or part of the Site at any time as we determine in our sole discretion, without cause, without prior notice, and without liability to you or to any third party.
TERMINATION OF TERMS OF SERVICE
These Terms of Service are effective unless and until terminated by either you or us. We may terminate these Terms of Service, including restricting, suspending, or terminating your access to and use of the Site, immediately and without notice or liability, with or without cause, in our sole discretion, and it will not limit any other rights or remedies that are available to us. You may terminate these Terms of Service at any time by ceasing to use or access the Site. Termination, including cessation of your use of and access to the Site, is your sole right and exclusive remedy if you are not satisfied with the Site. Upon the effective date of any such termination, your right to access and use the Site shall immediately cease. You acknowledge and agree that upon termination, you may be prevented from accessing the Site, your account details, or any files or other content contained in your account.
SUPPLEMENTATION OF TERMS OF SERVICE
You acknowledge that we may establish day-to-day operational practices that supplement these Terms of Service, and we may implement and change these operational practices from time to time, with or without notice. Such practices may include, for example, periodic deletion of information posted or logging off users who are inactive for an extended period of time during a login session. If there are any conflicts between these operational practices and any terms in these Terms of Service, these Terms of Service will apply.
We make no representation that your use of the Site will comply with applicable laws. We do not control the information and/or data posted by any users of the Site, and we do not vouch for the accuracy, integrity, or quality of any such information and/or data. We do not endorse any opinions expressed by any users of the Site. We do not guarantee that any User Generated Content has been posted with the permission of the copyright or proprietary owner or is otherwise in compliance with these Terms of Service. You understand and agree that you must evaluate, and that you bear all risks associated with, the use of any User-Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content. You acknowledge and agree that we have no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.
You agree that under no circumstance will we, our directors, officers, employees, consultants, agents, representatives, or our third-party partners be liable in any way in connection with: (a) any information or data posted by any users of the Site, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such information or data; or (c) any failure to correct or remove any information or data.
Disclaimer of Warranty. WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND AS AVAILABLE AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO USER-GENERATED CONTENT. NONE OF US, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, OR THIRD-PARTY PARTNERS, IS OR WILL BE LIABLE TO YOU FOR ANY HARM ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE SITE, INCLUDING BUT NOT LIMITED TO USER-GENERATED CONTENT. WE, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY PARTNERS, MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY PARTNERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS AND/OR THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY; RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY PARTNERS BE LIABLE TO YOU FOR ANY DIRECT, LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE USE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT, OR RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, ADVISERS, AFFILIATES, SUBSIDIARIES, OR THIRD-PARTY PARTNERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE CONTENT OR THE SITE, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND, OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, AND OUR THIRD-PARTY PARTNERS FOR ANY CLAIMS, ACTIONS, DEMANDS, OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT HAVE PROVIDED THE SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND YOU AGREE THAT THE TERMS ARE REASONABLE.
You agree to indemnify, defend, and hold harmless us, our directors, officers, employees, consultants, agents, representatives, and our third-party partners from and against any loss, liability, claim, demand, damages, costs, and expenses (including attorneys’ fees and all related costs and expenses of litigation, or at trial or on appeal, if any, whether or not litigation is instituted), arising in any manner out of, related to, or in connection with: (i) your use of or access to the Site; (ii) the use of the Site by any other person using your IDs; (iii) your violation of any provision of these Terms of Service; (iv) your violation of any third-party right, including without limitation any copyright, property right, or privacy right; and/or (v) any claim that your User Generated Content caused damage to any third party. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action. This defense and indemnification obligation will survive termination of these Terms of Service and your use of the Site.
REQUIREMENTS FOR USE OF THE SITE
Minimum age. You must be at least eighteen (18) years old to use the Site, and by using the Site, you represent and warrant that you are at least eighteen (18) years old. Any use of the Site by anyone under eighteen (18) years old is unauthorized and is a violation of these Terms of Service.
Consent to U.S. Law. The Site is owned, controlled, and operated by ADHD reWired, an Illinois corporation in the United States of America, and is not intended to subject ADHD reWired to the laws or jurisdiction of any country or territory other than the United States of America. The Site, including any information provided on the Site or posted on or through the Site, is designed to comply with the laws of the United States. Access to and use of the Site may not be legal by certain persons or in certain countries. If you use or access the Site, including any information provided through the Site, outside of the United States, you do so on your own initiative, and you are solely responsible for compliance with the laws and regulations of your jurisdiction. The Site may contain links to other websites, some of which may be outside the United States. Those other websites may have information that is appropriate only to the particular originating country or region where such other website is based. You should not construe anything on the Site as a promotion of or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the United States. ADHD reWired makes no representation that materials on the Site are appropriate or available for use in other locations.
Special Provisions Relating to Users Outside of the United States. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to engage in commercial activities on the Site (such as advertising or payments).
- Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of the Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our written consent. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these TOS shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between you and any other Site user or between you and ADHD reWired.
- Nothing in these Terms of Service shall prevent us from complying with the law.
- These Terms of Service do not confer any third-party beneficiary rights.
- Headings used in these Terms of Service are for reference purposes only and in no way define or limit the scope of the section.
- These Terms of Service and the relationship between you and us shall be governed by the laws of the State of Illinois, USA, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms of Service shall be heard exclusively by the state or federal courts sitting in Cook County, Illinois, USA. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
- If you have an account, any legal notice relating to these Terms of Service shall be sent to the email address associated with your account, and you agree that this constitutes adequate and sufficient notice. Any legal notice to us shall be sent to the contact for legal matters available in the Contact Us section.
- Any claim with respect to your use of the Site or these Terms of Service must be brought within one (1) year of the date that such claim arises. In the event we need to enforce our rights against you, in addition to any other remedies, you agree to pay our reasonable costs, including attorneys’ fees and costs of suit. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial.
The Site is created and operated by Tivers Clinical Specialties, P.C., d/b/a ADHD reWired.
Content, Account Information, Report Behavior, and General Matters. To provide Feedback, obtain information about your account, report disruptive behavior, or obtain other information about the Site:
[email protected] 901 Buccaneer Dr. Glenview, IL 60026
Legal matters. For any legal matters, including questions or comments about these Terms of Service, notices of violations of these Terms of Service, or claims of copyright infringement:
Eric Tivers, Owner
901 Buccaneer Dr.
Glenview, IL 60026