TERMS OF USE

Welcome to the website www.recovery2point0.com and www.tommyrosen.com (collectively, the “Site”) for Recovery 2.0 LLC, its subsidiaries, affiliates, officers, directors, employees, suppliers, successors or assigns (collectively referred to as “Recovery 2.0”, “we”, “us” or “owner”). By using this Site you have agreed to be bound by the following terms and conditions (“Terms of Use”). Please read the following terms and provisions carefully as your legal rights are limited or defined by this agreement. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND SERVICE.

These terms of use shall apply to all content on the Site, including, but not limited to, all services offered on the Site, all services offered by Recovery 2.0, all statements made on the Site or in live events, all videos posted on the Site, all opinions expressed on the Site (whether in writing, pre-recorded video, during online conferences and/or in on-line coaching offered by Recovery 2.0).

You hereby acknowledge that you are authorized and have the capacity to enter this agreement, and agree to its terms without reservation. You agree that these terms of use are supported by valuable consideration, the receipt and adequacy of which are hereby acknowledged. By way of example, such consideration includes Recovery 2.0’s grant of a limited nonexclusive license to you to view or access the content, data and materials, and conveniently submit certain information. These Terms of Use also incorporate the Privacy Policy included on this website.

This website is not geared or directed to persons under the age of 18, or the age of consent in the location in which you live, whichever is greater. If you are under the applicable age of consent, you are NOT permitted to use the Site without sending to Recovery 2.0 a letter indicating you have the express permission of a parent or guardian to do so.
This website is operated for the benefit of owner, its related entities, and customers. No user of this Site may use it or its content for any commercial use or purpose, except as otherwise defined by this agreement or Privacy Policy. Any unauthorized use terminates this license.

LIMITATIONS ON RIGHTS, REMEDIES, AND USE

DISCLAIMER OF WARRANTIES: This website and any content on the website are made available on an “AS IS” and “AS AVAILABLE” basis. You expressly agree that you will use this Site at your own risk. You hereby acknowledge that owner does not warrant that the website or any content or service provided in connection with the website will be timely, error-free, uninterrupted, secure, or that defects will be corrected. To the extent there is a failure on the Site that prevents you from fulfilling any of your obligations, you should make alternative arrangements to ensure full performance of any legal obligation you may have.

You agree that owner will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the website or any services or content, or for computer viruses associated with the operation of the website. RECOVERY 2.0 MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY: YOU AGREE THAT RECOVERY 2.0’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL RECOVERY 2.0, BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY RECOVERY 2.0 This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

CERTAIN STATE LAWS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY IN YOUR STATE OF RESIDENCE, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

ALLEGED VIOLATIONS: Recovery 2.0 reserves the right to terminate your use of the service and/or the website. To ensure that Recovery 2.0 provides a high quality experience for you and for other Site users, you agree that Recovery 2.0 or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Recovery 2.0 does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Recovery 2.0 reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Recovery 2.0 believes that you or your agents have violated any of the Terms of Use or Privacy Policy provisions, furnished Recovery 2.0 with false or misleading information, or interfered with use of the Site or the service by others.

INTELLECTUAL PROPERTY

All content displayed, posted or submitted on this website derives from certain facets of Recovery 2.0’s intellectual property whether copyright, trademark, patent or otherwise.

COPYRIGHTS: Recovery 2.0 is the author or owns the rights associated with the content used on this Site. By way of example, Recovery 2.0 maintains all copyrights with respect to the content displayed, the source code, and any work of authorship used. Recovery 2.0’s content is protected by federal copyright law and Recovery 2.0 reserves the right to enforce those rights when applicable. You agree to seek the express written permission from Recovery 2.0 to reproduce, make derivative works, display, and distribute.

TRADEMARKS OF SERVICE MARKS: All marks used on this Site, unless otherwise noted, belong to Recovery 2.0 or its affiliates. Recovery 2.0’s marks are protected by federal and state law whether they are registered with USPTO or state agencies. Recovery 2.0 reserves the right to enforce any trademark or service mark rights. You agree to seek the express written permission from Recovery 2.0 to use any mark depicted on this Site. Further, you agree not to use marks or domain names that are confusingly similar to Recovery 2.0’s marks.

THIRD PARTY CONTENT: Some users of this website may be able to post information in forums or chat rooms that may be publicly available. Such postings do not reflect the views or opinions of Recovery 2.0. Recovery 2.0 is under no obligation to review any messages; information or content posted on the Site by users and assumes no responsibility or liability relating to any such information. By submitting this information, you hereby grant Recovery 2.0 a nonexclusive license to exploit all copyrights associated therewith. You agree not to post information that is confidential, private (phone numbers, social security numbers, account numbers, addresses), defamatory, owned by third parties, advocating criminal activities or civil violations, and tends to solicit funds for commercial enterprises.

Recovery 2.0 reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Recovery 2.0, or its affiliates, directors, officers, employees or other representative, person in the jurisdiction that may access the Recovery 2.0 Site, or any rights of Recovery 2.0 or any third party, or to violate any applicable law. However, Recovery 2.0 may in its discretion use any of the materials posted for any purpose. Recovery 2.0 intends to reserve all rights and protection afforded to it under the Communications and Decency Act.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS: When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any of the aforementioned materials you provide or transmit. You agree that the burden of proving that any of the aforementioned material does not violate any laws or third party rights rests solely with you.

NOTICE TO RIGHT HOLDERS: If you believe that your intellectual property rights are being adversely impacted or affected by any material available on this website. Please notify Recovery 2.0 in writing and identify 1) the material to which you claim right; (2) proof of your ownership rights and statement indicating how your rights are being affected; and (3) your contact information including the phone and e-mail address. Your notice should be provided to:
Recovery 2.0 LLC
171 Pier Avenue 3369
Santa Monica, CA 90405

Notwithstanding the foregoing, neither Recovery 2.0, nor its affiliates, directors, officers, employees, or other representative can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Recovery 2.0 nor its affiliates, directors, officers, employees, or other representative shall assume liability for any action or inaction with respect to conduct, communication, or content of any Recovery 2.0 Site.

LINKS: Recovery 2.0 agrees to allow you to hyperlink to our website for the purpose of accessing the public content and services appearing thereon. You agree to limit any such linking to only the homepage of this website and agree to not deep link to any of its interior pages. This provision should not be construed as a grant of any Recovery 2.0’s intellectual property.

MISCELLANEOUS TERMS

INDEMNIFICATION AND DEFENSE: You agree, at your own expense, to indemnify, defend and hold harmless Recovery 2.0 and related parties, against any claim, suit, action or other proceeding brought against Recovery 2.0 and related parties, by a third party, to the extent that such claim, suit, action or other proceeding brought against Recovery 2.0 and related parties is based on or arises from your use of this Site. For example, the foregoing obligations shall be triggered if a claim relates to:

(i) your use or someone using your computer for use of the Site;
(ii) your use or someone using your account, where applicable;
(iii) a violation of the Terms Of Use by you or anyone using your computer (or account, where applicable);
(iv) a claim that any use of the Site by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
(v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer (or account, where applicable);
(vi) any misrepresentation, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or
(vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service.

You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

ONLINE CONDUCT: We permit you to transmit or post certain information for a variety of reasons. You agree to refrain from posting or transmitting through the Site any unlawful and harmful material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you agree to refrain from using any device, software or routine to interfere or attempt to interfere with the proper working functionality of the Site or any account on the site. For example, you may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to any third party or use your password for any unauthorized purposes. You may not use the Site to send unsolicited advertising, promotional materials, or other forms of solicitation to other users, except in those areas, if any, that are designated for such purpose.

SALE FEATURE, DISCLAIMER OF WARRANTIES & INDEMNITY: We may from time allow tenants (sellers) to advertise and sell items through this website. You should consult a professional or expert as to the viability of the item for your particular purpose. We are in not in the business of selling those items and have no information on the product performance. You should consider this item without warranty and this purchase to be “AS IS” with respect to any warranty. You should consult the seller and not our office, if you have any questions related thereto. We make no representation as to the credibility of anything said by the seller.

WE MAKE NO REPRESENTATION AS TO AND DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF A PARTICULAR PURCHASE.

For sellers of the product, you agree to INDEMNIFY AND DEFEND, Recovery 2.0 for any claim or issue brought by any third party relating to your transaction, product ownership, title, performance, product description, or the like. You agree that this provision should be construed in its broadest terms so as to protect Recovery 2.0.

GOVERNING LAW: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or service.

CALIFORNIA USE ONLY: The Site is controlled and operated by Recovery 2.0 from its offices in the State of California. Recovery 2.0 makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Recovery 2.0 purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

SEVERABILITY; WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

CHANGES: Please check these terms of use frequently, as we may occasionally unilaterally change the terms of use by revising the language contained on this page. The most current terms of use will always be available for you on this page. Amendments to the terms of use are effective at the time they are posted on this page, and your continued use of this website will constitute your acceptance of such amendments.

RESERVATIONS: You acknowledge and agree that we reserve the right to modify or discontinue any component of the Site or any of these terms of use. We expressly reserve the right to terminate your right to use the Site. Recovery 2.0 may elect to electronically monitor the user submit areas and may disclose any content, records, or electronic communication to any kind 1) to satisfy any law, regulation or government request, 2) if such disclosure is necessary or appropriate to operate the Site, 3) to protect the rights or property of individual users, Recovery 2.0 or its affiliates, directors, offices, employees or other representatives.

RECOVERY 2.0 IS NOT A HEALTHCARE PROVIDER: You acknowledge and agree that Recovery 2.0 is not a provider of medical services, does not have medical personnel on staff, does not provide medical advice of any kind and its programs have not been evaluated or approved by any government agency. You acknowledge and agree that you are using the Site and everything offered on the Site, including but not limited to, programs related to recovery from addiction only for your personal use, and not the use of any other person or persons, and are doing so of your own free will and at your own risk. Recovery 2.0 does not make any guarantees, representations or warranties, express or implied, of any nature and does not guarantee that any user will obtain or maintain sobriety by participating in Company’s programs. The information provided is not intended to be a substitute for medical, psychological, psychiatric or other professional advice, diagnosis or treatment. If you have a medical, psychological or psychiatric condition, seek the advice of a qualified health care provider and follow such advice. If you believe you may have a medical, psychological or psychiatric emergency, call your doctor, psychiatrist, psychologist, therapist or other healthcare provider, or 911 immediately. You acknowledge and agree that the content of Recovery 2.0’s programs is based on the personal experience of the Company and its personnel and said content is being shared for informational purposes only and is based solely on such personal experience. By clicking “AGREE” below, you acknowledge and agree that Recovery 2.0’s programs will include meditation, yoga and possibly other physical activity and further acknowledge and agree that the Company cannot and does not know my ability to perform such physical activity. You acknowledge and agree that if you are uncertain whether you can safely perform the meditation, yoga or other physical activity discussed by Recovery 2.0, you will seek independent medical advice before proceeding with any such activity. You acknowledge and agree that you are assuming all risks associated with the Recovery 2.0’s programs, and your participation in such programs, and release, indemnify and hold Recovery 2.0 harmless from any and all liability of any nature whatsoever, including but not limited to, any damages for bodily injury as a result of meditation, yoga or any other physical activity related to Recovery 2.0’s programs and from continued or recurring use or abuse of alcohol, narcotics or any other substance of any nature, as well as any bodily injury, up to and including death, resulting from the continued or recurring use or abuse of any such substance.