Terms of Service
Thank you for visiting TopRehabs.com (the “Site”), which is owned and operated by TopRehabs, (“TopRehabs,” “us,” “our” or “we”). The following Site Terms of Use (“Terms of Use”) shall incorporate and govern the TopRehabs.com Privacy Policy (“Privacy Policy”) and any and all other applicable TopRehabs operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time (collectively, the “Terms of Use”). You agree, without limitation or qualification, to be bound by the terms of the Terms of Use in its entirety when you: (a) access the Site; (b) register to download and/or access other content on the Site (collectively, “Content”); (c) access links to our social media pages on third party social media websites, such as Facebook®, Twitter® and YouTube® (“Social Media Pages”); and/or (d) submit a lead form (“Application Services” and together with Site, Content and Social Media Pages, the “TopRehabs Offerings”) to be contacted by one or more of the third party treatment center organizations that are featured on the Site (“TopRehabs.com”) regarding the addiction products and/or services offered by such Treatment Providers (“Treatment Providers”). Please review the Terms of Use carefully. If you do not agree to the terms of the Terms of Use in their entirety, you are not authorized to use the TopRehabs Offerings in any manner or form.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that TopRehabs is not in any way affiliated with Facebook, Google or Twitter, and the TopRehabs Offerings are not endorsed, administered or sponsored by Facebook, Google or Twitter.
These Terms of Use are effective as of November 9, 2017.
- Scope/Modification of Terms of Use
The Terms of Use constitutes the entire and only agreement between you and TopRehabs with respect to your use of the TopRehabs Offerings, and supersedes all prior or contemporaneous terms of use, agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Terms of Use from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Terms of Use will be posted on the Site, and you should review the Terms of Use prior to using the TopRehabs Offerings. By your continued use of the TopRehabs Offerings, you hereby agree to comply with and be bound by all of the terms and conditions contained within the Terms of Use effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the TopRehabs Offerings shall be subject to the Terms of Use.
- Requirements
The TopRehabs Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The TopRehabs are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the TopRehabs Offerings.
- Description of the Application Services and Treatment Services
The TopRehabs Offerings provide users with an opportunity to: (a) apply for information pertaining to Treatment Services as offered by the Treatment Providers featured on the Site; and (b) be contacted directly by those Treatment Providers. Please be advised that TopRehabs does not itself provide Addiction Treatment Services of any kind, and the ultimate terms and conditions of any Addiction Treatment provided by the Treatment Providers will be determined by those Treatment Providers. To obtain information pertaining to Treatment Provider Services and/or request to be contacted by the Treatment Provider, you must first fully complete the application form located at the Site (“Site Form”). The information that you must supply on the Site Form includes, but is not limited to: (i) your full name; (ii) mailing address; (iii) home and mobile telephone numbers; (iv) email address; (v) age; (vi) zip; (vii) insurance coverage type; (viii) preferred and alternate contact methods; (ix) best time to be contacted; (x) any other information requested on the Site Form (collectively, the “Site Registration Data”). TopRehabs use of the Site Registration Data shall be governed by the Privacy Policy. Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, you may be redirected to the website of a Treatment Provider. Addiction International Holdings may also transfer your Site Registration Data to the Treatment Provider in connection with facilitating the processing of your request for information from and/or to be contacted by, that Treatment Provider. The information that you must supply on any Treatment Provider’s intake application shall be determined by the applicable Treatment Provider (collectively, the “Treatment Registration Data” and, together with the Site Registration Data, the “Registration Data”). In addition, any information that you supply to any Treatment Provider shall be governed by that Treatment Provider’s privacy policy.
You understand and agree that TopRehabs is not responsible or liable in any manner whatsoever for: (A) your use of, or inability to use and/or qualify for, the TopRehabs Offerings, the Treatment Services or any other products and/or services offered by TopRehabs or any Treatment Provider; (B) for any dispute between you and any Treatment Provider; or (C) any modification, suspension or discontinuation of any product, service or promotion offered by any Treatment Provider. If TopRehabs terminates the Terms of Use for any reason, TopRehabs shall have no liability or responsibility to you. You understand and agree that refusal to use the TopRehabs Offerings is your sole right and remedy with respect to any dispute with TopRehabs. The Terms of Use only governs your use of the TopRehabs Offerings.
- Social Media Pages
The Site contains links to the various TopRehabs Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by the applicable terms and conditions of those Social Media Websites. You understand and agree that Addiction International Holdings shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
- Content
Subject to the terms and conditions of the Terms of Use, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other TopRehabs Offerings. The Content is compiled, distributed and displayed by TopRehabs, as well as third-party content providers (“Third-Party Providers”). TopRehabs does not control the Content provided by Third-Party Providers that is made available by and through the TopRehabs Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. TopRehabs does not represent or warrant that the Content and other information posted by and through the TopRehabs Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that TopRehabs will not be responsible for, and TopRehabs undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that TopRehabs shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
- Privacy Policy
Use of the TopRehabs Offerings, and all comments, feedback, information, Site Registration Data or other materials that you submit through or in association with the TopRehabs Offerings, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the TopRehabs Offerings, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.
- License Grant
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the TopRehabs Offerings and associated content in accordance with the Terms of Use. TopRehabs may terminate this license at any time for any reason. You may use the TopRehabs Offerings on one computer for your own personal, non-commercial use. No part of the TopRehabs Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the TopRehabs Offerings or any portion thereof. TopRehabs reserves any rights not explicitly granted in the Terms of Use. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the TopRehabs Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on TopRehabs infrastructure. Your right to use the TopRehabs Offerings is not transferable.
- Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the TopRehabs Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Other than a single download, the copying, redistribution, publication or sale by you of any part of the TopRehabs Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TopRehabs is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the TopRehabs Offerings. The posting of information or material on the Site by TopRehabs does not constitute a waiver of any right in or to such information and/or materials. The “TopRehabs.com” name and logo, and all associated graphics, icons and service names, are trademarks TopRehabs. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
- Editing, Deleting and Modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
- Legal Warning
Any attempt by any individual, whether or not an TopRehabs customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the TopRehabs, is a violation of criminal and civil law and TopRehabs will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Indemnification
You agree to indemnify and hold TopRehabs, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the TopRehabs Offerings; (b) your breach of the Terms of Use; (c) any dispute between you and any Treatment Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 11 are for the benefit of TopRehabs, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties
TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TOPREHABS MAKES NO WARRANTY THAT: (A) TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR TREATMENT SERVICES FROM ANY TREATMENT PROVIDER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPREHABS, THE TREATMENT PROVIDERS OR OTHERWISE THROUGH OR FROM TOPREHABS OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOPREHABS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPREHABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, TOPREHABS OFFERINGS; (C) THE FAILURE TO QUALIFY FOR TREATMENT SERVICES FROM ANY TREATMENT PROVIDER; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF MERCHANTABILITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TOPREHABS AND THE TREATMENT PROVIDER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF TOPREHABS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOPREHABS. TOPREHABS OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- Third Party Websites
The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, Treatment Provider websites. Because TopRehabs has no control over such third party websites and/or resources, you hereby acknowledge and agree that TopRehabs is not responsible for the availability of such third party websites and/or resources. Furthermore, TopRehabs does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
- Dispute Resolution Provisions
The Terms of Use shall be treated as though it were executed and performed in the State of Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Should a dispute arise concerning the TopRehabs Offerings, terms and conditions of the Terms of Use or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Michigan, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against TopRehabs and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that TopRehabs incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
- Miscellaneous
Should any part of the Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any TopRehabs Offerings is in conflict or inconsistent with the Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Terms of Use.
Contact Us
If you have any questions about the Terms of Use, TopRehabs or your dealings with the Site, please e-mail us at: info@toprehabs.com or send a letter to:
TopRehabs
872 Munson Ave, Ste A
Traverse City, MI 49686
USA
Email: info@toprehabs.com