Privacy Policy

AdCare Privacy Policy

Notice of Privacy Practices

 

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

 

PLEASE REVIEW THIS NOTICE CAREFULLY.

 

Your health record contains “personal health information,” the confidentiality of which is protected by state and federal law. “Protected health information” (or PHI) is information that relates to your past, present or future physical and/or mental health and related healthcare services. PHI is information about you, including demographic information, which may identify you.

 

In addition, the confidentiality of alcohol and drug abuse patient records is specifically protected by Federal law and regulations. AdCare Hospital of Worcester, Inc. (“AdCare Hospital”) is required to comply with these additional restrictions. This includes a) prohibition, with very few exceptions, on informing anyone outside the program that you attend the program and b) disclosing any information that identifies you as a patient of our facility. The violation of Federal laws or regulations by this program is illegal. If you suspect a violation you may file a report to the appropriate authorities in accordance with Federal regulations.

 

How We May Use and Disclose Health Information About You:
Listed below are examples of the uses and disclosures that AdCare Hospital may make of your protected health information (“PHI”). These examples are not meant to be exhaustive. Rather, they describe types of uses and disclosures that may be made.

 

Sections:
Uses and Disclosures of PHI for Treatment, Payment and Health Care Operations
Other Uses and Disclosures That Do Not Require Your Authorization
Uses and Disclosures of PHI with Your Written Authorization
Your Rights Regarding Your PHI

 

If you have any questions about this Notice of Privacy Practices, or if you believe your privacy rights have been violated and you would like to file a complaint, please contact our Privacy Officer:

 

Jeffrey W. Hillis, Chief Operating Officer
AdCare Hospital of Worcester, Inc.
107 Lincoln Street
Worcester, MA 01605
Tel.: (508) 799-9000 x3123
E-mail: jhillis@adcare.com

 

AdCare will not retaliate against you for filing a complaint. You may also file a complaint with the U.S. Secretary of Health and Human Services as follows:

 

200 Independence Avenue, S.W.
Washington, D.C. 20201
(202) 619-0257

 


 

Uses and Disclosures of PHI for Treatment, Payment and Health Care Operations

 

Treatment: Your PHI may be used and disclosed by your physician, counselor, program staff, and others outside of our programs that are involved in your care. Medical staff can use and disclose your PHI for the purpose of providing, coordinating, or managing your health care treatment and any related services. This includes coordinating or managing your health care with a third party, consulting with other health care providers, or referrals to another provider for health care treatment.

 

For example, your protected health information may be provided to the state agency that referred you to our program to ensure that you are participating in treatment. In addition, we may disclose your protected health information from time-to-time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of the program, becomes involved in your care.

 

Payment: We will not use your PHI to obtain payment for your health care services without your authorization. Examples of payment-related activities are: making a determination of eligibility or coverage for insurance benefits, processing claims with your insurance company, reviewing services provided to you to determine medical necessity, or undertaking utilization review activities.

 

Healthcare Operations: We may use or disclose, as needed, your PHI in order to support the business activities of our program including, but not limited to:, quality assessment activities, employee review activities, training students, licensing, and conducting or arranging for other business activities.

 

For example, we may use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your physician or counselor. We may also call you by name in the waiting room when it is time to be seen. We may share your PHI with third parties that perform various business activities (e.g., billing or typing services) for AdCare Hospital, provided we have a written contract with the business that prohibits it from re-disclosing your PHI and requires it to safeguard the privacy of your PHI.

 

We may contact you to remind you of your appointments as well as to provide information to you about treatment alternatives or other health-related benefits/services that may be of interest to you.

 

In our facility, care and services are provided to you by our facility staff as well as by other health care providers, such as physicians. Although these other providers are independent, they cooperate to provide an integrated system of care to you. We may share your health information with participants in organized health care arrangements to carry out treatment, payment, or health care operations.

 


 

Other Uses and Disclosures That Do Not Require Your Authorization

 

Required by Law: We may use or disclose your PHI to the extent of which is required by law and made in compliance with the law; use and disclosure of your PHI is limited to only the relevant requirements of the law. You will be notified, as required by law, of any such uses or disclosures. Under the law, we must make disclosures of your PHI to you upon your request. In addition, we must make disclosures to the Secretary of the Department of Health and Human Services for the purpose of investigating or determining our compliance with the requirements of the Privacy Rule.

 

Health Oversight: We may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies and organizations that provide financial assistance to the program (such as third-party payers) and peer review organizations performing utilization and quality control. If we disclose PHI to a health oversight agency, we will have an agreement in place that requires the agency to safeguard the privacy of your information.

 

Medical Emergencies: We may use or disclose your protected health information in a medical emergency situation to medical personnel only. Our staff will try to provide you with a copy of this notice as soon as reasonably practicable after the resolution of the emergency.

 

Child Abuse or Neglect: We may disclose your PHI to a state or local agency that is authorized by law to receive reports of child abuse or neglect. However, the information we disclose is limited to only that information which is necessary to make the initial mandated report.

 

Deceased Patients: We may disclose PHI regarding deceased patients to family members and others who are involved in the care, or payment for care, of the decedent prior to death. PHI may also be disclosed for the purpose of determining the cause of death, in connection with laws requiring the collection of death or other vital statistics, or permitting inquiry into the cause of death. We may disclose PHI with respect to persons who have been dead for more than fifty years.

 

Student Immunizations: We may disclose proof of immunization to a school if such information is required for admission of the student to the school, but will obtain the agreement of the student’s parent/guardian or the person acting in loco parentis, or from a n emancipated minor student, prior to any such disclosure.

 

Research: We may disclose PHI to researchers if (a) an Institutional Review Board reviews and approves the research and a waiver to the authorization requirement; (b) the researchers establish protocols to ensure the privacy of your PHI; (c) the researchers agree to maintain the security of your PHI in accordance with applicable laws and regulations; and (d) the researchers agree not to re-disclose your protected health information except back to AdCare Hospital.

 

Criminal Activity on Program Premises/Against Program Personnel: We may disclose your PHI to law enforcement officials if you have committed a crime on program premises or against program personnel.

 

Court Order: We may disclose your PHI if the court issues an appropriate order and follows required procedures.

 


 

Uses and Disclosures of PHI with Your Written Authorization

 

Other uses and disclosures of your PHI not described in this Notice of Privacy Practices will be made only with your written authorization, such as most uses and disclosures of psychotherapy notes, uses and disclosures of your PHI for marketing purposes, and disclosures that constitute a sale of PHI. You may revoke this authorization at any time, unless the program or its staff has taken an action in reliance on the authorization of the use or disclosure you permitted.

 


 

Your Rights Regarding Your PHI

 

You have the following rights regarding PHI we maintain about you:

 

Right of Access to Inspect and Copy: You have the right, which may be restricted in certain circumstances, to inspect and copy PHI that may be used to make decisions about your care. We may charge a reasonable, cost-based fee for copies, whether in paper or electronic form.

 

Right to Amend: If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information. However, we are not required to agree to the amendment.

 

Right to an Accounting of Disclosures: You have the right to request an accounting of the disclosures that we make of your PHI.

 

Right to be Notified of a Breach: You have the right to be notified in the event there is a breach of your unsecured PHI.

 

Right to Request Restrictions: You have the right to request a restriction or limitation on the use of your PHI for treatment, payment, or health care operations. We are not required to agree to your request, except for a restriction on disclosing PHI to a health plan that pertains solely to a health care item or service for which you have paid the health care provider out of pocket in full and the disclosure is not required by law.

 

Right to Request Confidential Communication: You have the right to request that we communicate with you about medical matters in a certain way or at a certain location.

 

Right to a Copy of this Notice: You have the right to a copy of this notice.

 

Right to File Complaints: You have the right to file a complaint in writing to AdCare Administration or to the Secretary of Health and Human Services if you believe we have violated your privacy rights. We will not retaliate against you for filing a complaint.

 

Jeffrey W. Hillis, Chief Operating Officer
AdCare Hospital of Worcester, Inc.
107 Lincoln Street
Worcester, MA 01605
Tel.: (508) 799-9000 x3123
E-mail: jhillis@adcare.com

 

U.S. Secretary of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
(202) 619-0257
 

 

The effective date of this Notice is September 23, 2013.

 


Terms of Use

 

Last Updated: December 21, 2017

 

American Addiction Centers and its affiliates and subsidiaries (together “AAC”, “we,” or “us”) provide the website located at lagunatreatment.com, and the various related websites, software, mobile applications, networks, and other services on which a link to these Terms of Use is displayed (collectively, our “Sites”). Please note that these Terms of Use do not apply to the treatment services or other services or offerings of AAC treatment centers. By accessing or using any aspect of the Sites, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Use and the AAC Online Privacy Policy (together, the “Terms”).

These Terms provide that all disputes between you and AAC will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for the details regarding your agreement to arbitrate any disputes with AAC.

You agree that AAC may (1) call you regarding AAC’s services and treatment centers, and (2) monitor and record any telephone calls made or received by AAC for AAC’s business purposes, including for quality assurance purposes. Please review the Section 18 below entitled Consent to Communications and Monitoring/Recording Telephone Calls for more details.

 

1. The Site Does Not Provide Specific Medical or Treatment Advice. THE CONTENTS OF THE SITES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT PLAN. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the AAC Sites. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by AAC, AAC employees or representatives, others appearing on the Sites at the invitation of AAC, or other visitors to the Sites is solely at your own risk.

 

2. AAC Overview. AAC aims to provide quality, comprehensive, compassionate and innovative care to adults struggling with alcohol and/or drug conditions and mental/behavioral health issues. Through research-based and empathetic care we instill hope that long-term recovery is possible. Our purpose and passion is to empower the individual, his/her family, and the community through the promotion of optimal wellness of the mind, body, and spirit. Our Sites are extensions of this core mission, and facilitate the connection between AAC and individuals, and to enable individuals to learn more about AAC treatment programs. Certain of our Sites may contain information that is helpful for individuals evaluating or seeking treatment, and AAC uses a network of affiliated websites to provide different avenues for individuals who are considering treatment for themselves or for others to reach out to AAC to discuss treatment options.

 

3. Eligibility. You must be at least thirteen (13) years of age to visit and use our Sites and, by agreeing to these Terms, you represent and warrant to us that you are at least thirteen (13) years of age. If you are using our Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

 

4. Accounts and Registration. To access certain features of our Sites, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at websupport@contactaac.com.

 

5. User Content

 

5.1 User Content Generally. Certain features of our Sites may permit users to post content, including comments, messages, photos, video, images, and other types of content (collectively, “User Content”) and to publish User Content on our Sites. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Sites.

 

5.2 Limited License Grant to AAC. By posting or publishing User Content, you grant AAC 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 AAC may be without any compensation paid to you.

 

5.3 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:

 

a. you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize AAC and users of our Sites 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 AAC and these Terms; and

 

b. 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.

 

5.4 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. AAC may, however, at any time and without prior notice, screen, remove, edit, or block any User Content for any or no reason. You understand that when using the Sites 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 AAC 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, AAC does not permit copyright-infringing activities on the Sites.

 

6. Digital Millennium Copyright Act

 

6.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. Sec. 512, as amended). If you have any complaints with respect to material posted on the Sites, you may contact our Designated Agent at the following address:

 

DMCA Agent 200 Powell Place Brentwood, TN 37027

E-mail: websupport@contactaac.com

 

Any notice alleging that materials hosted by or distributed through the Sites infringe intellectual property rights must include the following information:

 

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the Sites;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the materials on the Sites of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  6. 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.

 

6.2 Repeat Infringers. AAC will promptly terminate without notice the accounts of users that are determined by AAC to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User Content removed from the Sites more than twice.

 

7. Prohibited Conduct.

 

7.1 BY USING THE SITES YOU AGREE NOT TO:

  1. use the Sites for any illegal purpose, or in violation of any local, state, national, or international law;
  2. violate, or encourage others to violate, the rights of third parties or AAC, including by infringing or misappropriating third party or AAC intellectual property rights;
  3. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  4. interfere with security-related features of the Sites, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Sites or any part thereof except to the extent that such activity is expressly permitted by applicable law;
  5. interfere with the operation of the Sites or any user’s enjoyment of the Sites, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Sites, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Sites, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  6. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
  7. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials;
  8. frame or link to any of the Materials (as defined below) or use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the Materials without our prior express written consent; or
  9. attempt to do any of the foregoing in this Section 7, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this section7.

 

7.2 AAC reserves the right (but is not obligated) to do any or all of the following in connection with the public areas of the Sites:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication.
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
  4. Terminate a user’s access to any or all parts of the Sites upon any breach of these Terms.
  5. Monitor, edit, or disclose any communication made in connection with the Sites.
  6. Edit or delete any communication(s) posted on the Sites, regardless of whether such communication(s) violate these standards.

AAC has no liability or responsibility to users of the Sites or any other person or entity for performance or nonperformance of the aforementioned activities.

 

8. Discontinuation and Modification of the Sites. We reserve the right to modify or discontinue any or all of the Sites at any time (including, without limitation, by limiting or discontinuing certain features of the Sites) without notice to you. We will have no liability whatsoever on account of any change to or discontinuation of the Sites. You may terminate your account at any time by contacting customer service at websupport@contactaac.com.

 

9. Online Privacy Policy; Additional Terms

 

9.1 Online Privacy Policy. Please read the AAC Online Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The AAC Online Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

 

9.2 Additional Terms. Your use of the Sites is subject to any and all additional terms, policies, rules, or guidelines applicable to the Sites (or certain features of the Sites) that we may post on or link to on the Sites (the “Additional Terms”), such as rules applicable to particular features or content on the Sites, subject to Section 10 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

 

10. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within any of the Sites, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. All other changes are effective upon publication of the changed Terms, or the stated “Effective Date,” if different. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

 

11. Ownership; Proprietary Rights. The Sites are owned and operated by AAC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (the “Materials”) provided by AAC are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Sites are the property of AAC or our third-party licensors. Except as expressly authorized by AAC, you may not make use of the Materials. AAC reserves all rights to the Materials not granted expressly in these Terms. AAC authorizes you to view or download a single copy of Materials from the AAC Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2016, American Addiction Centers. All rights reserved” and other copyright and proprietary rights notices that are contained in the Materials. Any special rules for the use of certain other items accessible through the Sites may be included elsewhere within the Sites and are incorporated into these Terms by reference.

 

12. Indemnity. To the fullest extent permitted by law, you agree that you will be responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless AAC and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “AAC Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites in a manner not permitted by these Terms; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

 

13. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS”AND ON AN “AS AVAILABLE”BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AAC ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AAC ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AAC ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALINGS WITH OTHER VISITORS TO AND USERS OF THE SITES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SITES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

 

14. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AAC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE AAC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

 

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE AAC ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO .

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

15. Governing Law. These Terms shall be governed by the laws of the State of Tennessee without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and AAC agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Davidson County, Tennessee for the purpose of litigating all such disputes. We operate the Sites from our offices in the United States, and we make no representation that Materials included in the Sites are appropriate or available for use in other locations.

 

16. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and AAC regarding your use of and access to the Sites, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2 and 6 through 18.

 

17. Dispute Resolution and Arbitration

 

17.1 Generally. In the interest of resolving disputes between you and AAC in the most expedient and cost effective manner, you and AAC agree that any and all disputes arising in connection with or in any way related to these Terms or your use of the Site shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AAC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

17.2 Exceptions. Notwithstanding subsection 17.1, you and AAC both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

 

17.3 Arbitrator. Any arbitration between you and AAC will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AAC.

 

17.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, and cannot obtain one, by electronic mail (“Notice”). AAC’s address for Notice is: American Addiction Centers, 200 Powell Place Brentwood, TN 37027 or legalteam@contactaac.com. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and AAC agree to use good faith efforts to resolve the claim directly, but if you and AAC do not reach an agreement to do so within 30 days after the Notice is received, you or AAC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AAC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, AAC shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by AAC in settlement of the dispute prior to the arbitrator’s award; or (iii) ,000.00, whichever is greater.

 

17.5 Fees. In the event that you commence arbitration in accordance with these Terms, AAC will reimburse you for your payment of the filing fee, unless your claim is for greater than ,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Davidson County, Tennessee, provided that if the claim is for ,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse AAC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

17.6 No Class Actions. YOU AND AAC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AAC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

17.7 Modifications. In the event that AAC makes any future change to this arbitration provision (other than a change to AAC’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to AAC’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

 

17.8 Enforceability. If the entirety of this Section 17 is found to be unenforceable, then the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms or your use of the Site.

 

18. Consent to Communications and Monitoring/Recording of Telephone Calls. By providing us with your contact information, you agree to receive communications, including via e-mail and calls (including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf of AAC at the email address or telephone number you provided even if that number is on a National or State Do Not Call List. These calls may be for informational and marketing purposes, such as to provide you with information about AAC services and treatment centers. You are not required to provide your consent to these calls as a condition of any purchase from AAC. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. AAC may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others.

 

IF YOU WISH TO OPT OUT OF EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, YOU MAY MAKE A DO NOT CALL REQUEST DURING ANY CALL YOU RECEIVE FROM US. You understand and agree that you may continue to receive communications while AAC processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.

 

19. Consent to Electronic Communications. Notwithstanding anything to the contrary in Section 18, by using the Sites, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

20. Contact Information. The Sites are owned by American Addiction Centers, located at 200 Powell Place Brentwood, TN 37027. You may contact us by sending correspondence to the foregoing address or by emailing us at websupport@contactaac.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

 

21. DISCLAIMER. Blog/article content is intended for general informational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. Never ignore professional medical advice because of something you have read here. IF YOU THINK YOU ARE AT RISK FOR SUICIDE OR OTHERWISE MAY HAVE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY. Actual treatment is individualized and varies by facility. You should not rely upon any information here as a representation of the actual treatment program that might be right for you or our loved one, or available at any particular treatment facility.