Website Terms of Use - Recovered Living NZ

WEBSITE TERMS OF USE AGREEMENT

WELCOME TO www.recoveredlivingnz.com,, THE OFFICIAL WEBSITE (THE “SITE”) FOR KRISTIE AMADIO SPECIALTY CONSULTING LIMITED (TRADING AS RECOVERED LIVING) (THE “COMPANY”). THIS AGREEMENT (THE “AGREEMENT”) ALONG WITH THE PRIVACY POLICY www.recoveredlivingnz.com/privacy GOVERNS VISITORS USE OF THIS SITE AND ANY COACHING OR RELATED SERVICES AVAILABLE THROUGH THE SITE (THE “SERVICES”). THE PARTIES TO THIS AGREEMENT INCLUDE “COMPANY” AND ITS AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES, AND CONTRACTORS, WHICH WE MAY COLLECTIVELY REFER TO AS “WE” OR “US,” AND THE VISITOR TO THE SITE, WHO WE MAY REFER TO AS “YOU.”

BY USING THIS SITE, YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

INFORMATION IS NOT MEDICAL, PSYCHOLOGICAL, LEGAL OR FINANCIAL ADVICE
You expressly agree that the information on the Site including, but not limited to, any information provided to you through our blog or during any coaching session is for informational purposes only. We are not doctors, lawyers or financial experts. The information provided by us is not meant to be a substitute for professional medical, psychological, legal or financial advice and it should not be relied upon as such. This information does not serve to diagnose, treat, or provide a cure for any condition you may be experiencing. If you require medical, psychological, legal or financial services, it is your responsibility to seek it out from a licensed professional.

USE OF SITE
We hope you enjoy using this Site as it is meant to provide you with information about recovering from an eating disorder. In addition to providing you with information, the other purposes of the Site include: allowing you to join our mailing list, book our Services, read our blog posts and provide a means for you to contact us. Any other use of this site is prohibited.

If you use any communication tools available through our Site (such as any forum, chat room or message centre), you agree only to use those communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of our website, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our Site, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our Site, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on our Site are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us.

Specifically, you agree not to use this Site to post, display, or otherwise communicate any inappropriate content including, but not limited to, the following:

any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
any advertisement, solicitation, or spam;
any content that advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
unauthorized use or disclosure of private, personally identifiable information of others;
any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or
any false or misleading information.

If we consider that you have posted this type of inappropriate content, we may remove such content from our Site and servers, and if warranted, terminate your access to the Site.

Further, you are prohibited from violating or attempting to violate any security features of the Site including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorisation; (c) interfering or attempting to interfere with service to any user, host, or network including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site. .

TERMINATION
Without limiting our other remedies, we may immediately discontinue, suspend, terminate, or block your and any other user’s access to the Site at any time, for any reason or for no reason, in our sole discretion.

Our Site is operated by Kristie Amadio Specialty Consulting Limited from New Zealand. The information on our Site may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

SITE CONTENTS AND OWNERSHIP
We assert ownership of the intellectual property rights to all information on the Site including, but not limited to, the trading name of the Company, logo, graphics, videos, audios, images, designs, photographs, writings, data, and other materials. Our ownership rights may be protected by copyrights, trademarks, trade secrets, or other proprietary rights. As part of this Agreement, we grant you a non-exclusive, non-transferable, and revocable license to access and use the Site for your personal home use. You may not access or use the Site or any portion thereof for non-personal, commercial use. You will comply with all copyright laws worldwide in your use of the Site and prevent its unauthorised copying. You may not copy, display, distribute, modify, reproduce, or transmit the Site or any portion thereof without our prior written consent. You also may not decompile, reverse-engineer, disassemble or otherwise convert the Site or any portion of it without our permission. Except as provided in this Agreement, we do not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information with respect to our intellectual property. No part of our Site may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our Site.

INFORMATION YOU PROVIDE TO US
By providing us with information through our Site or as part of the Services, you represent that you own or have the authority to distribute such information.

PRIVACY
Our Privacy Policy describes how we handle the information you provide to us when you use the Site. You understand that through your use of the Site you consent to the collection and use (as set out in the Privacy Policy) of this information.

LINKED WEBSITES
We may provide links to third party websites (“Linked Sites”). If you choose to click on one of those links, you are leaving our website, and you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not controlled by us. We make no representations or warranties about the opinions expressed, nature, content, accuracy, security, completeness or reliability of the information provided, or regarding the products or services provided on the Linked Sites. Links do not imply that we sponsor or endorse the Linked Site. Except for links to information authored by the Company, we are neither responsible for nor liable under any theory based on (i) any Linked Site; (ii) any information, content, products or services found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Please review the terms of service and privacy policy for such Linked Sites and contact the webmasters of any Linked Sites concerning information, goods, and/or services appearing on them.

TESTIMONIALS
Any testimonials provided on the Site are opinions of those providing them. The information provided in the testimonials is not to be relied upon to predict results or guarantee a particular outcome in your specific situation. The results you experience will be dependent upon many factors including, but not limited to, your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or the Company may not be able to anticipate.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through the Site including, but not limited to, any consent you give to receive communications from us solely through electronic transmission. You acknowledge that it is your ongoing responsibility to provide us with an accurate, current, and complete e-mail address when you use our Services. If any electronic communications sent to you are returned as undeliverable, we may attempt to contact you by telephone or otherwise, but we are not obligated to do so. All communications are deemed delivered and received upon sending to the most recent e-mail address we have on file for you. However, please note that your consent does not mean that we are obligated to provide all communications electronically. We may, at our option, deliver communications to you in others forms.
You agree that if and when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, you have read and reviewed the relevant information and your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or terminate access to the Site for any user who is found to have infringed on the intellectual property rights of users, third parties, or us, or otherwise is found to have violated any intellectual property laws. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on the Site, and you want us to delete, edit, or disable the material in question, you must provide us with all of the information required by us including (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statutory declaration (or similar) that the information in the notification is accurate, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

Copyright Agent
Recovered Living,
info (at) recoveredlivingnz (dot) com

DISCLAIMER OF WARRANTIES; “AS IS”
WE ARE MAKING THE SITE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITIES
TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE COMPANY AND ITS AFFILIATES, DIRECTORS AGENTS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE ON THE PART OF THE COMPANY, WILL THE COMPANY OR ANY OF ITS AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES, AND LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO: (1) THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER SERVICES OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE; (2) YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY; OR (3) OTHERWISE IN CONNECTION WITH THIS AGREEMENT.THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS CLAUSE WILL SURVIVE TERMIANTION OR EXPIRATION OF THIS AGREEMENT.
IF YOU ARE A CONSUMER USING OUR SITE FOR NON-BUSINESS ACTIVITIES THEN NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO ABROGATE FROM ANY RIGHTS YOU MIGHT HAVE UNDER THE CONSUMER GUARANTEES ACT 1993 (IF ANY).

TIME LIMITATIONS ON ASSERTING CLAIMS
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN THE LESSER OF ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OR IF A SHORTER PERIOD IS PRESCRIBED BY ANY APPLICABLE LAW, THEN THAT PERIOD. FOR THE AVOIDANCE OF DOUBT, THIS PROVISION IS INTENDED TO LIMIT ANY APPLICABLE STATUTORY LIMITATION TO THE EXTENT PERMITTED.

INDEMNIFICATION
You agree to indemnify the Company, its affiliates, directors, agents, employees, and contractors from and against any and all claims and expenses, including reasonable solicitor/attorney fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This clause will survive termination or expiration of this Agreement.

DISPUTE RESOLUTION; BINDING ARBITRATION
Except as expressly provided otherwise in this Agreement, you agree to resolve any dispute, claim, or controversy with the Company and its affiliates, directors agents, employees, and contractors arising out of or relating to your use of the Site in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email info (at) recoveredlivingnz (dot) com. Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by AMINZ (Arbitrators and Mediators Institute of New Zealand), which shall take place in Dunedin, New Zealand, and the costs of which will be shared equally between you and the Company. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by AMINZ, which will also take place in Dunedin, New Zealand.

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.

We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted above or otherwise, the prevailing party will be entitled to costs and fees (including reasonable solicitors’/attorneys’ fees). We also both agree that arbitration will be confidential, and neither you, nor the Company, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There will be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

YOU AND THE COMPANY EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Nothing contained in this Agreement limits our ability to terminate, or otherwise take action related to, your access to the Site.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between us with respect to your use of the Site. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and Company with respect to your use of the Site.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

NO WAIVER
Our failure to enforce our rights under this Agreement or take action against any party for breach of this Agreement does not constitute a waiver, or of future subsequent enforcement, of such rights.

MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time. Your continued use of this Site and our Services serve as an agreement that you agree to be bound by the revised Agreement. Any of our modifications will become effective on the date they are first posted to this Site. We do not have any obligation to notify you of changes to this Agreement. It is your responsibility to review the terms to apprise yourself of modifications.

ASSIGNMENT OF RIGHTS
Your rights under this Agreement are not assignable. However, we may assign our rights under this Agreement in connection with the sale of all or substantially all of the Company’s assets.

CONTACT: Should you have questions regarding this Terms of Use Agreement, please contact us via email info (at) recoveredlivingnz (dot) com.

Updated: December, 2020