Effective as of February 22, 2019
This Website is designed for general educational and information purposes only and does not render professional medical advice or create or establish a health care provider – patient relationship. The information provided through this Website and Your use of this Website to participate in real-time, chats and communicate with NothingButAdvice Advisors should not be used for diagnosing or treating a health problem, condition or illness. It is not a substitute for professional health care, and is designed to support – not replace – the relationship you have with your health care providers and provide a forum for you to communicate with an individual trained to listen and give you positive feedback and information about your issues and concerns. If you have or suspect you may have a health problem or condition, you should consult your health care provider. NothingButAdvice.com does not provide medical advice or offer medical, psychiatric, mental health or professional opinions online. The articles you may find on this Website are meant to discuss issues of a general nature regarding issues of interest. While we will monitor content as time allows, we are not responsible for the opinions, advice, recommendations, advertising or suggestions of any writer of these articles.
NO MEDICAL, PSYCHIATRIC, OR MENTAL HEALTH PROVIDER ADVICE.
Anyone who has a medical problem should contact a practicing health care provider. Anyone with a serious addiction problem should get medical or therapeutic help. Anyone who feels they are at risk for harming themselves or others should call 911 immediately. The function of this Website is to provide real-time, online advice sessions with an Advisor, information regarding different treatment options and facilities, general information about health and wellness, including mental health, and post relevant articles which we think might be helpful to those seeking to learn more about their health and means to improve and address their health and wellness. Reliance upon any information shared via the Website and in communicating with NothingButAdviceAdvisors, found on the Website, any of our licensors, or any affiliates, rests in the user at the user’s own risk. The Website may contain information that you may find explicit or otherwise offensive, erroneous or otherwise inaccurate or outdated. The Website, NothingButAdvice.com, our affiliates and licensors are not responsible for such content. You are responsible for complying with applicable laws of the state/ region/country of residence.
1. LICENSE GRANT. This Agreement provides You with a limited, non-exclusive and non-transferable license to use the Website solely for your personal use or your internal business purposes.
2. License RESTRICTIONS. The foregoing license is limited. Therefore, You may not:
(i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement;
(ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof);
(iii) access, link to, or use any source code from the Website (or any part thereof); or
(iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof).
In addition, You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
3. USER OBLIGATIONS. Subject to NothingButAdvice.com’s right to monitor or audit compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website.
4. PROPRIETARY RIGHTS. The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by NothingButAdvice.com or its licensors. Any rights granted hereby are expressly licensed. NothingButAdvice.com does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else. Accordingly, Your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
The Website and Material is Copyright ©2017 NothingButAdvice.comand/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website. You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of NothingButAdvice.com or its owner if NothingButAdvice.com is not the owner. NothingButAdvice.comand all other names, logos, and icons identifying NothingButAdvice.comand its products and services are proprietary trademarks of NothingButAdvice.com (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of NothingButAdvice.com is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
5. LINKS TO OTHER SITES. NothingButAdvice.com may provide links, in its sole discretion, to other sites from which You can access information and/or purchase services from third parties, including but not limited to health care providers and treatment and rehabilitation programs and facilities. NothingButAdvice.com is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites and services have not necessarily been reviewed by NothingButAdvice.com and are maintained by third parties over which NothingButAdvice.comexercises no control. Accordingly, NothingButAdvice.comexpressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. In addition, some of the third parties whose websites are featured on NothingButAdvice.com’s Website have paid for their Websites to be prominently displayed on NothingButAdvice.com’s Website. The prominence of a third party site does not constitute an endorsement by NothingButAdvice.com or a referral by NothingButAdvice.com to the facility promoted on the third party site. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including payment and delivery of goods or services, are solely between You and such merchant or advertiser.
6. THIRD PARTY SERVICES. NothingButAdvice.com has entered or reserves the right to enter into contractual relationships with certain vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which NothingButAdvice.com may link to or display text, data, photos, graphics and/or video (“Information”), advertisements, discounts, products, goods, or services offered by the third parties. You agree that you must evaluate, and bear all risks associated with, the use of any Vendor-provided Information or services. NothingButAdvice.com does not guarantee the availability or accuracy of Vendor Information or offers and makes no representations or warranties as to the security or performance of any Vendor Information, offers, or services. Your use of Vendor services is subject to the terms and conditions for each such service. NothingButAdvice.com expressly disclaims responsibility and liability for all Vendor-provided materials, programs, products, services or sites made available through the Website, and You agree that NothingButAdvice.com shall not be responsible for any loss or damage of any sort incurred as a result of any such Vendor-provided materials, programs, products, services or sites. NothingButAdvice.com shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Website, (b) Vendor Information, or (c) Vendor products or services.
7. FEEDBACK. NothingButAdvice.com welcomes your feedback and suggestions about NothingButAdvice.com’s services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, “feedback”) to NothingButAdvice.com, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to NothingButAdvice.com. In addition, any feedback received by NothingButAdvice.com will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for NothingButAdvice.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
8. USER GENERATED CONTENT. Our Website may provide an opportunity (each, a “User Content Area”) for participants to express comments and opinions about Your health care and wellness experiences and/or upload to the Website user-generated content such as, without limitation, opinions, comments and reviews of health and wellness programs, treatments and facilities (collectively, “User Content”). To the extent the Website contains any such User Content Area, You hereby agree that You will not upload, post, display, or transmit any of the following in any User Consent Area:
o User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
o User Content that is offensive to the online community, including, without limitation, expressions of obscenity, bigotry, racism, abusiveness, vulgarity or profanity;
o User Content that violates any law or engages in any activity that would constitute any criminal offense or give rise to any civil liability;
o User Content in which you impersonate any person or entity, including, but not limited to, any employee of NothingButAdvice.com or any treatment center, or falsely state or otherwise misrepresent your affiliation with any person or entity;
o User Content that interferes with any other user’s right to privacy;
o User Content, software or other materials which contain a virus or other harmful or disruptive component;
o Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam” or any other form of solicitation;
o User Content that violates some other contractual or fiduciary rights, duties, or agreements by which you are bound; or
o User Content protected by copyright, trademark, trade secret, rights of publicity or other proprietary right of any third party (collectively, “Third Party Rights”) without the prior express written permission of the applicable right holder. The burden of determining that all User Content is not subject to any Third Party Rights rests exclusively with You under all circumstances. Accordingly, You shall be solely liable for any damage or costs resulting from any User Content that actually or allegedly infringes any Third Party Rights. Any person determined by NothingButAdvice.com in its sole discretion to have violated any Third Party Rights may be barred from submitting or posting any further User Content;
o With respect to Reviews, Users may make only a single post (review) and may not make alternate accounts to duplicate or “respond to” posts. You represent and warrant that, with respect to any User Content You submit to the Website, the User Content is factually accurate and/or represents Your honest and personal opinions and beliefs. You agree that NothingButAdvice.com has not and will not compensate You for your User Content. You represent and warrant there is no connection, association, or affiliation between You and NothingButAdvice.com or any treatment center or other third party referenced in your User Content. NothingButAdvice.com hereby reserves the right to edit, modify and/or remove any User Content posted, submitted, and/or uploaded on the Site in its sole discretion. You hereby agree that the foregoing restrictions set forth in this Section 8 shall also apply to your use of any content generated through the Website on any social media page. Moreover, you hereby agree that you are solely responsible for any liability arising from or related to your use of any User Content Area and/or your use of any User Content or other content generated through the Website. User Content does not reflect the opinion of the staff at NothingButAdvice.com, its executives, or its shareholders, and are not endorsed by NothingButAdvice.com. While we make efforts to review and moderate the forum in order to remove objectionable material, we do not purport to be able to remove all objectionable content in a timely manner, if ever.
9. LICENSE TO USE USER CONTENT.
User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to NothingButAdvice.com. By posting or publishing User Content, you grant NothingButAdvice.com a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by NothingButAdvice.com may be without any compensation paid to you.
User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
o you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize NothingButAdvice.com and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by NothingButAdvice.com and these Terms; and
o your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. NothingButAdvice.com may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NothingButAdvice.com with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, NothingButAdvice.com does not permit copyright-infringing activities on the Service.
10. DIGITAL MILLENNIUM COPYRIGHT ACT DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
Nothing But Advice, Inc.
6405 N. Federal Hwy., Suite 402
Fort Lauderdale, FL 33308
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
o a description of the copyrighted work or other intellectual property that you claim has been infringed;
o a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;
o a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
o a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. NothingButAdvice.com will promptly terminate without notice the accounts of users that are determined by NothingButAdvice.com to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
11. REPRESENTATIONS AND WARRANTIES. You represent and warrant to NothingButAdvice.comthat:
(i) You are at least the legal age of majority in your state of residence,
(ii) (ii) You are authorized to enter into this Agreement,
(iii) (iii) You will access and view the Website and the Materials for your personal, non-commercial use only;
(iv) (iv) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of NothingButAdvice.com or any third party;
(v) (v) any information or data provided to NothingButAdvice.com by You will not violate any law or regulation or infringe the rights of NothingButAdvice.com or any third party;
(vi) (vi) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and
(vii) (vii) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
12. WARRANTY DISCLAIMERS. THE WEBSITE AND MATERIALS ARE PROVIDED “AS-IS.” NOTHINGBUTADVICE.COM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. NOTHINGBUTADVICE.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. NOTHINGBUTADVICE.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
13. LIMITATION OF LIABILITY. NothingButAdvice.com shall have no responsibility to provide You access to the Website. You acknowledge and agree that NothingButAdvice.com shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond NothingButAdvice.com’s control, including, but not limited to, offers or promotions made available on the Website, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else. You specifically acknowledge that NothingButAdvice.com shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL NOTHINGBUTADVICE.COM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NOTHINGBUTADVICE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF NOTHINGBUTADVICE.COM FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD), AS LIQUIDATED DAMAGES AND THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.
15. COPYRIGHT INFRINGEMENT POLICY AND TAKE DOWN PROCEDURES. If You have a good faith belief that Your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to NothingButAdvice.com by providing the following information:
o A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
o Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
o Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that NothingButAdvice.com may find it on the Website;
o Your address, telephone number, and email address;
o A statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law;
o A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Nothing But Advice, Inc.
6405 N. Federal Hwy., Suite 402
Fort Lauderdale, FL 33308
16. No Class Actions. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST NOTHINGBUTADVICE.COM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
17. GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of Florida, U.S.A., as applied to agreements entered into and completely performed in State of Florida. Any claim You might have against NothingButAdvice.com must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact NothingButAdvice.com by emailing us at email@example.com if you wish to receive a printed copy of this Agreement.
18. ENFORCEMENT. NothingButAdvice.com wishes to maintain the Website as a helpful resource for all of its users. As it relates to NothingButAdvice.com, You therefore have no reasonable expectation of privacy while using the Website because NothingButAdvice.com reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by NothingButAdvice.com for use of or with the Website. Moreover, You also acknowledge that any breach, threatened or actual, of this Agreement by You may cause irreparable injury to NothingButAdvice.com and/or its licensors, such injury would not be quantifiable in monetary damages, and NothingButAdvice.com and/or its licensors would not have an adequate remedy at law. You therefore agree that NothingButAdvice.com and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that NothingButAdvice.com or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NothingButAdvice.com to enforce any provision of this Agreement.
20. TERMINATION. NothingButAdvice.com also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with You (including any registered account) in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that NothingButAdvice.com shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. NothingButAdvice.com shall also not be responsible or liable for any damages or loss as a result of any termination of this Agreement in accordance with this section. You may also terminate at any time by ceasing to use the Website. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from NothingButAdvice.com and any right to use the Website shall immediately cease upon termination of this Agreement. The provisions concerning feedback, NothingButAdvice.com’s ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.