If you think you are having an emergency medical issue, feel like you may harm yourself or others, you must not use this site. Call 911 or your local emergency number and notify relevant authorities immediately.

 

If you are considering suicide do NOT use this site.

Call the 24-hr National Suicide Prevention Lifeline at 1-800-273-8255.

Your call will be connected to the crisis center near you.

 

These Terms of Service (“Terms”) create a legal agreement between you (“you”, “user”, “member” or “your”) and The Recovery Tribe, Inc. (“rTribe”,“we”,“our”, counselors/coaches) and govern your access to and use of our Services, including our various websites, email notifications, applications (collectively, the “Services”, “Sites”, or “apps”), 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.

IMPORTANT: rTribe is not a health insurance company and is not licensed to sell health insurance. rTribe is an e-health platform and we offer to connect patients and clients, directly to our network of affiliated treatment providers/coaches to obtain online counseling, therapy services or coaching. Treatment Providers may include, but are not limited to, psychologists, psychiatrists, nurses, counselors, clinical social workers, coaches and marriage and family therapists. “Treatment Providers” include employees, agents, or independent contractors of Treatment Providers. Treatment Providers listed on rTribe are paid for their clinical services and have no financial interest in rTribe. Treatment Providers listed on rTribe have ensured rTribe that they have an active license in the states listed on their profile.

Applicability of These Terms.

Your access to and use of the services is conditioned on your compliance with these terms. By becoming a registered user and/or accessing and/or using the services, the site, or any portion of the services or the site, you agree to be bound by these terms and all applicable laws and regulations governing the services. If you do not agree with these terms, you are not authorized to access or use the services for any purpose. Additional terms and conditions applicable to specific areas of the site or to particular transactions are also posted in particular areas of the site and, together with these general terms, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the site.

If a third party, such as someone in your physician’s or treatment provider’s office, or a care coordinator or other third party, has been granted access by rTribe to its site for the purpose as setting up your user account, you will receive notice of that event and be asked to activate the account by email to the email account you provide. By activating the account you are agreeing to be bound by these terms as stated above, and to grant access to that third party to the contents of your user account, rTribe profile, treatment provider notes, appointment reminders and record of sessions conducted through the site, until such time as you revoke this access by emailing a secure message via your rTribe account to the rTribe administrator requesting removal of that third party’s access to your account.

2. Our Services

The rTribe e-health platform includes, without limitation, the following services (collectively, the “Services”):

(a) the facilitation of electronic or telephonic communications with other users and Treatment Providers,

(b) We do not provide for claims submission, processing and other services related to online counseling and therapy for both our registered users and Treatment Providers, and

(c) the provision of other information about rTribe and our products and services through our website, https://www.rtribe.org/ (the “Site”).

rTribe is a technology provider that facilitates access to, and the billing and payment of, online counseling/coaching services (provided by treatment providers/coaches) through the rTribe platform. The services do not include the provision of medical care, mental health services, or other professional services by rTribe.

 

Online Counseling and Coaching Services. Subject to the terms and conditions of this Agreement, and as selected or used by you, you may have access to the following online counseling services provided by an rTribe treatment provider/coach:

  1. Online coaching, which uses unlicensed personnel with the applicable educational degrees to coach/help you clarify and understand the problem or need for change/improvement; this online coaching is NOT INTENDED TO, NOR DOES, PROVIDE CLINICAL COUNSELING OR THERAPY, MEDICAL ADVICE, DIAGNOSIS, OR MEDICAL TREATMENT. While this online counseling/coaching may be provided by a licensed medical provider, coaching is not a licensed or regulated service and does not require licensed professionals.
  2. Online-counseling, which uses licensed therapists to provide clinical counseling and/or psychotherapy to address mental, psychological, behavioral or emotional issues/conditions.
  3. Online-psychiatry, which uses licensed medical doctors specializing in psychiatry to address psychological, physical, mental, behavioral or emotional conditions.

 

TREATMENT PROVIDERS/COUNSELORS/COACHES ARE NOT THE EMPLOYEES OR AGENTS OF rTribe. Each treatment provider is responsible for obtaining your informed consent to any medical diagnosis or treatment, including without limitation, your consent to use telehealth in the course of any consultation conducted through the services, to the extent such consent is required by applicable state law.

 

3. Delivery of Medical Advice

While the services may provide access to certain general medical information, and also may provide messaging functionality to contact your treatment provider(s)/coaches, the services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

To the extent medical advice is provided to you by a treatment provider/coaches through the Services, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms. Responses are not provided by rTribe, but are provided by your Treatment Provider.

THE CONTENT ON THE SITE (OTHER THAN A DIRECT RESPONSE FROM A QUALIFIED TREATMENT PROVIDER/THERAPIST) IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR 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.

 

4. Privacy

 

Any information that you or other users provide to rTribe is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, storage, processing and use by rTribe. When you use the Services, rTribe will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. When you use the Services, rTribe has access to, and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you agree that rTribe may collect, use, and disclose information you provide during your use of the Services as set forth in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

 

5. Login and Passwords

 

You agree that you shall take all steps necessary to protect your login 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 login details to anyone else or allow anyone else to use your login 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.

 

6. 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.

Other than information received directly by you from a licensed Therapist, the Platform Content should not be considered medical advice. You should always talk to an appropriately qualified healthcare professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, rTribe does not recommend or endorse any specific tests, providers, medications, products or procedures.

7. 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.

 

8. 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, without the right to sublicense, and to download and print any Content provided. 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.

You agree not to copy, modify, create a derivative work of, reverse engineer (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities) or otherwise attempt to discover any source code thereof, transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on our Sites.

International Use

The Service is designed for and intended for users in the United States. rTribe makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

 

9. 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.

rTribe is constantly innovating and evolving. We reserve the right to modify or discontinue, temporarily or permanently, any service in or on the Sites or apps, with or without notice to you. We may suspend or terminate your right to use our Services or Site at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. We do not guarantee that our service will be uninterrupted or that it will be timely, secure or error-free.

You agree that rTribe shall not be liable to you or to any third party for any modification or discontinuance of any service offered by rTribe, or for any losses or damages that may result to you or any third party from such discontinuation or interruption of service.

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”) or credit card 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 support@rtribe.org. 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.

Subscriptions for online counseling or coaching will not be eligible for refunds if the provider is sick, takes holidays or goes on vacation.  All billing issues are to be resolved between provider and client.

 

10. 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 copyright@rtribe.org.

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.

 

11. 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.

 

12. 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: copyright@rtribe.org

Please visit our Notice of Copyrighted Materials that we use as part of our Services.

 

13. 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.

 

14.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, counselors 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.

rTribe AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE THE QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY TREATMENT PROVIDER/ THERAPIST OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY TREATMENT PROVIDER/THERAPIST. NOTHING CONTAINED IN THIS AGREEMENT, ON THE TREATMENT PROVIDER/ THERAPIST PLATFORM, ON ANY SITE, ON ANY THIRD PARTY SITE OR PROVIDED OTHERWISE SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY TREATMENT PROVIDER/THERAPIST; (B) THE TREATMENT PROVIDER/THERAPIST PLATFORM; (C) ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY TREATMENT PROVIDER/THERAPIST OR OTHERWISE MADE AVAILABLE ON THE TREATMENT PROVIDER/THERAPIST PLATFORM; OR (D) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANYTHING OTHERWISE SAID OR WRITTEN BY ANY TREATMENT PROVIDER/THERAPIST, INCLUDING ANY BIOGRAPHICAL INFORMATION, QUALIFICATIONS, OR OTHER INFORMATION SPOKEN BY ANY TREATMENT PROVIDER/THERAPIST OR CONTAINED IN OR MADE AVAILABLE ON THE TREATMENT PROVIDER/THERAPIST PLATFORM, ANY SITE, ANY BLOG OR ANY OTHER FORUM.

IN ADDITION, rTribe  EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO INFORMATION POSTED OR TRANSMITTED BY TREATMENT PROVIDERS/COUNSELORS/COACHES IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A TREATMENT PROVIDER/THERAPIST, MEMBER MUST EXERCISE A HIGH LEVEL OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST rTribe, ITS AFFILIATES, AND/OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND/OR AGENTS WITH RESPECT TO ANY SERVICE OR ADVICE MEMBER RECEIVES, USES AND/OR RELIES ON. rTribe WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY TREATMENT PROVIDER/THERAPIST’S SERVICES OR OTHER INFORMATION ACQUIRED THROUGH THE TREATMENT PROVIDER/THERAPIST PLATFORM OR THE SITES. THE PURCHASE OF THE SERVICES OF ANY TREATMENT PROVIDER/THERAPIST IS ENTIRELY AT THE MEMBER’S SOLE RISK.

rTribe DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR: (1) THE ACCURACY OR AVAILABILITY OF ANY SITE OR THE TREATMENT PROVIDER/THERAPIST PLATFORM; OR (2) ANY DAMAGES OR INJURY ARISING FROM OR RELATED TO ANY SITE, THE TREATMENT PROVIDER/THERAPIST PLATFORM AND/OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION AND/OR OTHER SERVICE PROVIDED OR NOT PROVIDED BY ANY TREATMENT PROVIDER/THERAPIST.

Additional Disclaimers

rTribe WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A TREATMENT PROVIDER/THERAPIST AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A TREATMENT PROVIDER/THERAPIST.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE TREATMENT PROVIDER/THERAPIST PLATFORM OR A SITE, THE MEMBER HEREBY RELIEVES rTribe, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

 

Research

rTribe conducts research on our global platform. This research looks at how different activities on rTribe (individual chatting, group chatting, growth path exercises etc.) impact wellness test scores and scores on other measures provided. Additionally, researchers from universities also conduct research on rTribe. For example, there have been studies conducted on rTribe that look at how listeners establish a connection or therapeutic alliance with guests or members. All data is anonymized (or anonymous). All research done by university researchers is approved by their institutional review board and rTribe. Research and outcomes are key to helping people make real change and progress in their lives.

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.

B. Links

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.

 

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

 

15. Arbitration

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY OF THE R/TRIBE TECHNOLOGIES, INCLUDING WITHOUT LIMITATION ANY DISPUTES RELATED TO THE R/TRIBE SUBSCRIPTION SERVICE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR, HOWEVER, MAY AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING, WITHOUT LIMITATION, INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS OF SERVICE AS A COURT WOULD. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, AND ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT. THE ARBITRATOR WILL DECIDE ALL ISSUES, INCLUDING, WITHOUT LIMITATION, ISSUES RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION.

 

To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: R/TRIBE 3880 S Bascome Ave Suite 202 San Jose, CA 95124. Unless you and we agree otherwise, any arbitration will take place in the county (or parish) where you live. The arbitration will be conducted by JAMS in accordance with that organization’s “Streamlined Arbitration Rules & Procedures” if JAMS has an office in the county (or parish) where the arbitration takes place. Otherwise, the arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. JAMS rules and other information are available at https://www.jamsadr.com or by calling 800.352.5267. The AAA’s rules and other information are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the applicable JAMS or AAA rules. We will promptly reimburse you for your payment of the filing fees, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the applicable JAMS or AAA rules. The arbitrator shall have the discretion to award reasonable attorneys’ fees and costs (including the cost of the arbitration and of experts) to the prevailing party, but we will only seek such fees if the arbitrator determines that your claim is frivolous.

 

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

 

GOVERNING LAW

 

By using any of the r/TribeTechnologies, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any kind that might arise between you and us.

 

General Terms

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

These Terms, including the rTribe Rules for the rTribe Services, and our Privacy Policy are the entire and exclusive agreement between rTribe and you regarding the Services (excluding any services for which you have a separate agreement with rTribe that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between rTribe and you regarding the Services. Other than members of the group of companies of which The Recovery Tribe, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.

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 support@rtribe.org.Effective: October 17, 2017

rTribe Providers Terms and Conditions
Note: These are the terms and conditions for rTribe providers. For the terms and conditions for clients please “click here.”
The Provider Terms and Conditions

The following are the terms and conditions (the “Provider Agreement”) for the access and use of a Provider in an online platform (the “Platform”) through which counseling, coaching, consulting, professional advice and any other information are provided (collectively the “Provider Services”). A Provider (also referred in this Provider Agreement as “you”) is any counselor, coach, consultant, practitioner, professional, expert, coach, advisor or any other person who registers to provide Provider Services, through the use of the Platform, to any other person or persons (the “User” or “Users”). The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website www.rtribe.org.
By accessing or using the rTribe Platform as a Provider, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Provider Agreement. You should read this Provider Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Provider Agreement, you must refrain from signing up to the Platform as a Provider, you must stop making any use of the Platform as Provider and you should not access the Platform as a Provider.
When the terms “we,” “us,” “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.
Use of the Platform
The features and functionality of the Platform are to be determined solely by us and are subject to change or termination without notice.
The Providers are neither our employees nor agents nor representatives.
By agreeing to this agreement you are also agreeing to the terms of the Platform privacy policy available at www.rtribe.org/privacy (the “Privacy Policy”). The Privacy Policy is incorporated into and deemed a part of this Provider Agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the Privacy Policy. In regards to the Privacy Policy, the same rules and stipulations that apply to a User would also apply to a Provider.
Disclaimers and Limitation of Liability
The Provider acknowledges and agrees that the Platform is being provided for use “as is”, and therefore the Provider will not have any plea, claim, or demand towards us in relation to the Platform’s users, members, properties, limitations or compatibility with the Provider’s needs. The Provider shall not have any plea, claim or demand against us in respect to any services the Provider decides to provide in connection with the use of the Platform. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.
Registration, providing Provider Services and any use of the Platform is being made at the Provider’s sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
We expressly disclaim all warranties for information posted or transmitted by the Platform’s Users and or members.
The Provider will bear all the risks associated with the uploading and transmitting material and utilizing the Platform including reliance on its accuracy, reliability or legality.
We will not be deemed the provider or recipient of any services acquired through the Platform. The Provider provides Provider Services at his or her sole and entire risk.
Under no circumstances we will be held liable to any Provider for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to loss of business, revenue, profits, use, data or other economic advantage.
The Provider acknowledges and agrees that we disclaim any liability in relation to any claim, suit or action brought by a User in connection with provision of any Provider Services by a Provider, including but not limited to representations by the Provider as to the Provider’s qualifications and advice provided by him or her, through the Platform. The Provider agrees to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom.
The Provider will be solely responsible for any agreements he chooses to make with a User. We will not be responsible or liable in any way for any agreement made between a Provider and a User and or for enforcing any such agreement, including but not limited to any agreements in relation to Provider’s fee, and or usage of the Platform in any way other than offered and suggested as the Provider Service at the Platform. Any agreement a provider chooses to get into with a User is at his or her sole responsibility and entire risk.
The Provider acknowledges that he or she will solely be responsible and liable for any damages to any User to whom the Provider provides services and to any User who suffers damages arising from or connected to such services that he provided to that User. In the event of a dispute regarding any transaction conducted through the Platform the Provider hereby releases us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including but not limited to, court costs and attorney’s fees, which the Provider may have against one or more of the above.
We shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
Our aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by you or to you through the Platform in the 3 months period prior to the date of the claim.
We explicitly disclaim any liability with respect to any claim, suit or action made by a User. You agree to indemnify, defend and hold us harmless with respect to any such claim.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (disclaimers and limitation of liability) shall survive the termination or expiration of this Agreement.
Representations and Warranties
You hereby confirm that you are at least 18 years old of age and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
The Provider will not provide any Provider Services or coaching to any User unless the Provider is a professional in good standing in the relevant field of expertise and he or she abides by all relevant laws, rules and regulations, including but not limited to rules of ethics and professional responsibility.
At all times the Provider will provide correct and accurate representation of his or her skills, degrees, qualifications, background and other information, whether this information is provided to us, to the User and on any form submitted to or presented on the Platform. The Provider will also provide the same correct and accurate representation of his or her skills, degrees, qualifications, background and other information to the users, including but not limited to, in any kind of communicating or providing Provider Services to Users.
The Provider will maintain and update all such information during the term of this Provider Agreement to keep it true, accurate, current and complete.
The Provider will not mislead Users to believe that he or she can provide a service which is outside his or her fields of expertise and will not misrepresent him or herself or create any misleading name or listing.
The Provider shall not perform any Provider Services and or other services or offer any advice in any jurisdiction where the Provider is not authorized or licensed or in good standing to do so.
The Provider will maintain his or her skills, qualifications, eligibility, and other information and requirements, including maintaining his or her status in good standing as a professional in any jurisdiction, as may be required by that jurisdiction, where the Provider practices his or her profession.
We may review the Provider’s personal profile and amend any typing or spelling errors. We cannot and will not verify or examine the truthfulness or accuracy of the details in the Providers personal profile, credentials, qualifications, or any of the Provider’s postings or transmissions. However, we may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Provider. Without derogating from the above, we remove any content for any reason.
The Provider represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Provider, including, but not limited to, applicable professional liability insurance.
Provider’s Conduct
When providing Provider Services or making any other use of Platform, the Provider must exercise a reasonable standard of care, at least the same as the Provider would in a similar transaction not conducted through the Platform or the Internet. Without derogating from the above, the Provider must exercise the standard of care mandated by his or her profession.
The Provider will not provide to Users any services other than Provider Services.
The Provider will not provide to Users any services which may not be lawfully rendered or provided through the Platform according to the laws, regulations and ethics that applies in the Provider’s jurisdiction.
The Provider will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.
The Provider agrees that the Provider Services, advice and or information that he or she provides to a User, aren’t in any way to be considered a substitute for a face-to-face interaction between the User and the Provider (or any other professional).
The Provider will provide Provider Services only about and in respect of non-emergency matters and issues. For emergency matters and issues the Provider will instruct the User to immediately call 911 or their local emergency assistance number.
The Provider agrees to never engage in the practice of medicine or enter into a physician/patient relationship with any User through the Platform.
The Provider will not prescribe or dispense medicines.
The Provider will advise Users whenever appropriate that his or her advice is not a substitute for the advice or treatment of a physician after physical examination.
Whenever appropriate, the Provider will recommend Users to seek help by meeting a qualified professional face-to-face.
The Provider will not disclose any information that was provided to him or her by a User and will use his or her best efforts to guard Users privacy and Privacy Policy.
All contact between the Provider, Users and any other Users or consumers who are introduced through the Platform must be conducted only through the Platform.
The Provider may not use this Platform to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
The Provider will indemnify, defend and hold us harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Provider according to this Provider Agreement; (b) The Provider’s provision of the Provider Agreement to any third party, regardless of whether or not they are Users of the Platform service; or (c) any materials that the Provider has posted to or through the Platform and/or any content provided by the Provider to Users.
The Provider agrees and commits not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to the use of the Platform and to the Provider’s relationship with the Users and us. The Provider further agrees and commits not to engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.
Provider Account and Responsibilities
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Provider Services, are made directly by you and that you are not using neither the Platform nor the Provider Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
If you receive any file from us or from a User, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Provider Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
Modifications, Termination, Interruption and Disruptions to the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Provider Services) at our sole discretion for any reason and for any period of time.
The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
Fees and Payments
Provider will be paid for the provision of the Provider Services to Users.
The fees, rates, payment options and payment schedules of the payments are set in the platform and they are set and determined exclusively by us and may be changed in our sole discretion.
The Provider is solely responsible for reporting and paying any applicable tax related to the Provider’s use of the Platform.
Any payment disputes or claims should be submitted within 30 days of discovery of any mistake.
If a User has made User Payment but has later either charged back such payment for any reason or received (in our sole discretion) a refund for such a payment (collectively “Refunded Payments”), we will not pay those Refunded Payments to the Provider and if the money has already been delivered to the Provider, the Provider will be required to repay this amount to us. Notwithstanding the above, we may deduct this amount from the Provider’s account or from the following payments to be made the Provider.
The Provider agrees and commits to immediately notify us in any case that the Provider provides any service to the User not through the Platform or in any case that the user is billed by the Provider not through the Platform or in any case that the user is making a payment to the Provider not through the Platform.
Notices
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to feedback@rtribe.org.
Important notes about our Agreement
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other.
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of California excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the U.S. District Court for the Northern District of California, or the state courts located in Santa Clara county in California. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

Effective October 17, 2017