R|TRIBE Terms of Service
These Terms of Service (“Terms”) create a legal agreement between you (“you” or “your”) and The Recovery Tribe, Inc. (“rTribe”,“we”,“our”) and govern your access to and use of our Services, including our various websites, email notifications, applications (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Service will be able to be viewed by other users and others that you may share it with. It is your responsibility to manage who sees your Content. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with rTribe and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and use our Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that rTribe provides are always evolving and the form and nature of the Services that rTribe provides may change from time to time without prior notice to you. In addition, rTribe may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
rTribe offers some free content and features, but it is not completely cost-free. Services that are only offered for payment are clearly identified within the Service. Some Content is professionally produced to provide a high standard of learning material, fees may be necessary. However you will not be charged without explicit warning. You will not be charged for the basic free services, nor through registration.
3. Log-in and Passwords
You agree that you shall take all steps necessary to protect your log in details (username and password) for the Service and keep them secret. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will rTribe be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, process, transmit, and distribute such Content. Note rTribe will not publish your Content without your consent unless legally required.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. rTribe will not be responsible or liable for any use of your Content by rTribe in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
rTribe gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by rTribe as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by rTribe, in the manner permitted by these Terms.
7. Payment Terms And Cancellations
You agree to pay any fees due for and incurred by your use of any Services that require payment or a subscription (“Paid Services”). You agree to pay all fees and other charges incurred in connection with your Account. If you want to discontinue a Paid Service, you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided upon cancellation.
Subscriptions and Auto Renewals. You may choose to upgrade your Services status to paid Subscription status in order to take advantage of certain enhanced features and functionality (e.g., sending weekly emails to guides). You may elect to pay Subscription fees on a monthly or annual basis. All such Subscription fees are payable in advance. Subscription fees will be billed automatically through the Apple App Store or Google Play Store (“App Stores”) on your sign-up day on a monthly or annual period, as applicable, and will auto-renew until your Subscription is terminated. The renewal Subscription fees will be the same as the initial charges unless you are otherwise notified in advance. By signing up for a Subscription, you authorize the App Stores to charge you for the appropriate Subscription charges and fees and for any other purchases you elect to make while using the Services. We reserve the right to increase Subscription fees or to institute new fees at any time upon reasonable notice posted in advance. We also reserve the right to change the features included in a Subscription, including discontinuing the feature.
You may choose to Purchase Content in the form of a Course. There may be a One-Time Fee associated to the Course. All such Course fees are payable in advance. Course fees will be billed automatically through the App Stores upon your purchase of the Course. There may be limits to the length of term the Course may be available to you after purchase. Courses will be signaled limited or unlimited. If they are indicated to be limited, these are for a given period and end automatically. You will be notified in advance of the Course ending and will be given the opportunity to re-purchase a new license for the Course. We reserve the right to increase Course fees or to institute new fees at any time upon reasonable notice posted in advance. We also reserve the right to change the Courses that are offered, including discontinuing a Course.
Subscriptions that were concluded via the Apple App Store have to be terminated via the Apple App Store for technical reasons. Termination must occur no later than 48 hours before the extension of the subscription. Detailed instructions are provided on the following page under “How can I cancel a subscription: https://www.rtribe.org/faq (FAQ). Deleting the Services from your smartphone or tablet is not enough. The subscription is not terminated until you complete the process outlined on the FAQ, and further costs will continue. You are not entitled to any refund of fees for not terminating your Subscription properly.
Subscriptions that were concluded via the Google Play Store can be terminated by emailing [email protected]. Alternatively you can also terminate them via the Google Play Store. Detailed instructions are provided on the FAQ page. Deleting the Services from your smartphone or tablet is not enough. The subscription is not terminated until you complete the process outlined on the FAQ, and further costs will continue. You are not entitled to any refund of fees for not terminating your Subscription properly.
ALL SUBSCRIPTION AND ONE-TIME PURCHASES ARE FINAL, AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF SUBSCRIPTIONS OR ONE-TIME PURCHASE.
Third Party Services Disclaimer. Certain third parties and advertisers with whom we maintain a commercial relationship may market or sell their own promotions, products, and services on (or through) the Services (“Third Party Services Providers”). To participate in some of those promotions or obtain some of those products or services, you may be required to make payment for the specific product, service, or promotion to a Third Party Services Provider that markets or sells that specific product, service, or promotion. We are not responsible for the administration or application of any payments required by any such Third Party Services Provider for any such select product, services, or promotions. Further, we are not responsible for the performance or nonperformance of any Third Party Services Provider. You are in no way obligated to use or transact business with any particular Third Party Services Provider. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICES PROVIDERS AVAILABLE ON THE SERVICES.
Errors and Inaccuracies. Our goal is to provide complete, accurate, up-to-date information through the Services. Unfortunately, it is not possible to ensure that any website or mobile application is completely free of human or technological errors. The Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
8. Our Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of rTribe and its licensors. No part of our Services or any photographs or other content provided by our Services may be reproduced, copied, modified or adapted without prior written consent. To request permission to reproduce content from, please email us [email protected].
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the rTribe name or any of the rTribe trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding rTribe, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
9. Restrictions on Content and Use of the Services
Please review the rTribe Rules (which are part of these Terms) to better understand what is prohibited on the rTribe Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of rTribe, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, rTribe’s computer systems, or the technical delivery systems of rTribe’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by rTribe (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with rTribe; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
10. Copyright Policy
rTribe respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, rTribe will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf), our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
The Recovery Tribe, Inc.
Attn: Copyright Agent
3880 S Bascom Ave, STE 202
San Jose, CA 95124
Email: [email protected]
Please visit our Notice of Copyrighted Materials that we use as part of our Services.
11. Ending These Terms
The Terms will continue to apply until terminated by either you or rTribe as follows.
You may end your legal agreement with rTribe at any time for any or no reason by discontinuing your use of the Services and removing the Services from your smartphone or tablet. You do not need to specifically inform rTribe when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity of 180 or more days.
You understand that if you deactivate your account, or if we deactivate your account in accordance with these terms, you may permanently lose access to any data previously associated with your account.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the rTribe Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 11, 12, and 13.
Nothing in this section shall affect rTribe’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
12.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of rTribe and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “rTribe Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE R|TRIBE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The rTribe Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the rTribe Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the rTribe Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the rTribe Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE R|TRIBE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE R|TRIBE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID R|TRIBE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE R|TRIBE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Waiver and Severability
The failure of rTribe to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at https://www.rtribe.org/terms. If the revision, in our sole discretion, is material we will notify you via a direct message update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please email us at [email protected].
Effective: August 17, 2015