Introduction

These Terms govern the use of this Application and any other contract or legally binding relationship concluded with the Owner. Capitalized words are defined in the relevant specific section of this document.

Users must read this document carefully.

This Application is provided by:
Recovery Care Solutions
14331 sw 120th st 101 Miami Fl 33186
Owner contact email: manager@recoverycaresolutions.com

What Users Should Know at a Glance

The use of this Application and the Service is age-restricted: to access and use this Application and its Services, you must be of legal age according to applicable law.

Please note that some provisions of these Terms only apply to certain categories of Users. In particular, certain provisions will only apply to Consumers or to Users who are not Consumers. Such limitations are always explicitly mentioned in each clause to which they refer. In the absence of such a mention, the clauses will apply to all Users.

TERMS OF USE

Unless otherwise stated, the terms of use detailed in this section will generally apply to the use of this Application.

In specific situations, individual or additional terms of use or access may apply, and in such cases, they will be indicated additionally in this document.

By using this Application, Users confirm that they meet the following requirements:

• There are no restrictions on Users in terms of whether they are Consumers or Professional Users;
• Users must be of legal age according to applicable law;

Content in this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned by the Owner or provided by them or their licensors.

The Owner commits to act with the utmost diligence to ensure that the content provided on this Application does not violate any legal provision or infringe the rights of third parties. However, achieving this goal may not always be possible. In such cases, without prejudice to the legal rights of Users to enforce their rights, Users are requested to report complaints using the contact information provided in this document.

Rights Regarding Content on this Application

The Owner reserves all intellectual property rights over all such content.

Consequently, Users may not use such content in ways that are unnecessary or not implied by the proper use of the Service.

In particular, without limitation, Users may not copy, download, share (beyond the limits set below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

In cases where explicitly stated on this Application, the User may download, copy, and/or share any content available through this Application solely for personal, non-commercial use, provided that proper copyright attribution and all other acknowledgments required by the Owner are made.

Copyright limitations or exceptions established by law remain unaffected.

Access to External Resources

Through this Application, Users may access external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and, therefore, is not responsible for their content or availability.

The terms applicable to resources provided by third parties, including any potential granting of rights over the content, derive from the terms and conditions of such third parties or, in their absence, from applicable law.

Acceptable Uses

This Application and the Service may only be used within the scope for which they are provided, in accordance with these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Application and/or the Service does not violate any law or regulation or infringe the rights of third parties.

Accordingly, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Application or the Service, terminating contracts, reporting inappropriate conduct carried out through this Application or the Service to competent authorities—such as judicial or administrative authorities—whenever Users engage in or are suspected of engaging in any of the following activities:

• Violations of laws, regulations, and/or these Terms;
• Infringement of third-party rights;
• Causing significant harm to the Owner's legitimate interests;
• Offending the Owner or any third party.

Liability and Disclaimer

Unless expressly stated or agreed otherwise with Users, the Owner's liability for damages related to the performance of the Contract is excluded, limited, and/or reduced to the maximum extent permitted by applicable law.

Disclaimer

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliated companies, officers, directors, agents, co-owners of trademarks, partners, and employees from any claim or demand—including, by way of example and not limitation, attorneys’ fees and costs—made by any third party due to or in connection with negligent violation of these Terms, third-party rights, or legal provisions related to the User’s use of the Service or that of its affiliates, officers, directors, agents, co-owners of trademarks, partners, and employees, to the maximum extent permitted by applicable law.

The above also applies to any claims made by third parties (including, by way of example and not limitation, the Owner’s customers or consumers) against the Owner regarding Digital Products supplied by the User, such as claims relating to conformity.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to applicable law, the User may not claim damages against the Owner (nor against any natural or legal person acting on its behalf).

The above does not apply to damages affecting life, health, or physical integrity, damages resulting from the breach of substantive contractual obligations, such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from willful misconduct or gross negligence, provided the User has used this Application appropriately and correctly.

Unless the damages were caused by willful misconduct or gross negligence, or affect life, health, or physical integrity, the Owner shall only be liable for damages that were typical and foreseeable at the time the contract was concluded.

Australian Users

Limitation of Liability

None of the provisions of these Terms exclude, limit, or modify any warranties, conditions, rights, or remedies available to the User under the Competition and Consumer Act 2010 (Cth) or any other state or territory law that cannot be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and liability not otherwise excluded under these Terms, is limited, at the sole discretion of the Owner, to the re-supply of the services or payment of the cost of having the services supplied again.

U.S. Users

Disclaimer of Warranties

This Application is provided strictly as is and as available. Use of the Service is at the Users' own risk. To the extent legally possible, the Owner expressly disclaims all conditions, statements, and warranties—whether express, implied, statutory, or of any other kind, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated in these Terms.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, directors, officers, agents, co-owners of trademarks, partners, suppliers, and employees do not warrant that content is accurate, reliable, or correct; that the Service meets Users' requirements; that the Service is available at any specific time or place, uninterrupted, or secure; that all defects or errors will be corrected; or that the Service is free of viruses or other harmful components. All content downloaded or otherwise obtained through the use of the Service is at the Users' own risk, and Users are solely responsible for any damage to their computer systems or mobile devices or loss of data resulting from such download or use of the Service.

The Owner does not guarantee, endorse, or assume any responsibility for any product or service advertised or offered by a third party through the Service or any website or service linked thereto, and the Owner will not be a party to or oversee any transaction between Users and third-party product or service providers.

The Service may be inaccessible or may not function properly with the User's web browser, mobile device, and/or operating system. The Owner shall not be liable for any alleged or actual damages arising from the content, operation, or use of this Service.

Federal, state, and other jurisdictional laws do not allow the exclusion or limitation of certain implied warranties. Some of the above exclusions may not apply to Users. These Terms grant specific legal rights to Users, and Users may have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances shall the Owner or its subsidiaries, affiliates, directors, officers, agents, co-owners of trademarks, partners, suppliers, and employees be liable for:

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising from use or inability to use the Service, or related to such use or inability to use it;
• any damages, losses, or injuries resulting from hacking, tampering, or any unauthorized access or use of the Service, the User account, or the information contained therein;
• any errors, mistakes, or inaccuracies in the content;
• any personal or property damages resulting from the User's access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any programming errors, viruses, trojans, or similar elements that may be transmitted to or through the Service;
• any errors or omissions in any content or any loss or damages resulting from the use of any content posted, emailed, transmitted, or made available in any other way through the Service; and/or
• defamatory, offensive, or illegal conduct of any User or third party.

Under no circumstances shall the Owner or its subsidiaries, affiliates, directors, officers, agents, co-owners of trademarks, partners, suppliers, or employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs exceeding the amount paid by the User to the Owner under these Terms in the previous 12 months, or during the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the maximum extent permitted by law in the relevant jurisdiction, regardless of whether the alleged liability is contractual, non-contractual, based on negligence, strict liability, or any other theory, even if the User has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may also have other rights, which vary by jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, directors, officers, agents, co-owners of trademarks, partners, suppliers, and employees from any claims or demands, damages, obligations, losses, liabilities, costs, or debts and expenses, including without limitation legal fees and costs, arising from:

• the User’s use of or access to the Service, including any data or content transmitted or received by the User;
• the User’s breach of these Terms, including without limitation any violation by the User of any representations and warranties set forth herein,
• the User’s infringement of any third-party rights, including without limitation any privacy or intellectual property rights;
• the User’s violation of any law, rule, or regulation;
• any content posted from the User’s account, including third-party access using the User’s unique username, password, or other unique security measures, including without limitation misleading, false, or inaccurate information;
• the User’s willful misconduct; or
• the User’s violation of any legal provision or by their affiliates, directors, officers, agents, co-owners of trademarks, partners, suppliers, and employees to the maximum extent permitted by applicable law.

General Provisions

No Waiver

Failure to exercise any right or to invoke any provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall constitute a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, providing proper notice to Users.

Within the limits of the law, the Owner may also decide to suspend or completely discontinue the Service. If the Service is discontinued, the Owner will cooperate with Users to allow them to retrieve personal data or information and will respect Users’ rights regarding continued use or compensation, as provided by applicable law.

Additionally, the Service may be unavailable due to reasons beyond the Owner's reasonable control, such as 'force majeure' (e.g., infrastructure failures or power outages, etc.).

Resale of the Service

Users shall not reproduce, duplicate, copy, sell, resell, or exploit any part of this Application or its Service without prior express written permission from the Owner, either directly or through a legitimate resale program.

Privacy Policy

For more information on the use of your personal data, Users may refer to the privacy policy of this Application.

Intellectual Property Rights

Without prejudice to any more specific provisions in these Terms, intellectual property rights, such as copyright, trademark rights, patent rights, and design rights related to this Application are the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

All registered trademarks—whether word or design marks—and any other trademarks, trade names, service marks, designations, illustrations, images, or logos appearing in connection with this Application are and shall remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

Changes to These Terms

The Owner reserves the right to change or otherwise modify these Terms at any time. In such cases, the Owner will provide Users with proper notice of these changes.

Such changes will only affect the relationship with Users from the date communicated to them.

Continued use of the Service indicates Users’ acceptance of the modified Terms. If Users do not wish to be bound by these changes, they must stop using the Service and may terminate the Agreement.

The prior applicable version governs the relationship before the User’s acceptance. Users may obtain any prior version from the Owner.

Where required by law, the Owner will provide Users with advance notice of the date on which the modified Terms will take effect.

Assignment of the Agreement

The Owner reserves the right to transfer, assign, novate, or subcontract any of the rights or obligations under these Terms, considering the legitimate interests of Users.

The provisions regarding changes to these Terms shall apply mutatis mutandis.

Users may not assign or transfer their rights or obligations under these Terms in any manner, except with the Owner’s written permission.

Contact

All communications regarding the use of this Application should be sent using the contact details provided herein.

Severability

If any provision of these Terms is declared or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

U.S. Users

Any such invalid or unenforceable provisions shall be interpreted and amended to the extent reasonably necessary to make them valid, enforceable, and consistent with the original intent. These Terms constitute the entire Agreement between the Users and the Owner regarding the subject matter herein and supersede any other communications, including, by way of example and not limitation, all prior agreements between the parties relating to the same subject. These Terms shall be enforced to the fullest extent permitted by law.

European Union Users

If any provision of these Terms is found to be null, invalid, or unenforceable, or is declared as such, the parties shall act with utmost diligence to amicably agree on valid and enforceable provisions to replace the null, invalid, or unenforceable parts. If such agreement cannot be reached, the null, invalid, or unenforceable provisions shall be replaced by applicable provisions established by law, if the applicable regulations allow or provide for this. Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of any particular provision of these Terms shall not invalidate the Agreement as a whole, unless the separated provisions are essential to the Agreement, or are so important that the parties would not have entered into the Agreement had they known these provisions would not be valid, or in cases where the remaining provisions would result in unacceptable difficulties for either party.

Governing Law

These Terms are governed by the laws of the place where the Owner is headquartered, as stated in the relevant section of this document, without regard to conflict of law principles.

Supremacy of National Law

However, notwithstanding the above, if the law of the country in which the User is located establishes higher applicable consumer protection standards, those higher standards shall prevail.

Exception for Consumers located in Switzerland

If the User qualifies as a Consumer located in Switzerland, Swiss law shall apply.

Exception for Consumers in Brazil

If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law shall apply.

Jurisdiction

The exclusive jurisdiction to resolve any disputes arising from or related to these Terms lies with the courts of the location where the Owner's registered office is situated, as stated in the relevant section of this document.

Exception for Consumers located in Europe

The above provisions shall not apply to Users who qualify as European Consumers, nor to Consumers residing in the United Kingdom, Switzerland, Norway, or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil who qualify as Consumers.