Terms of Use
Welcome to ThinLineWellnessandRecovery.com, operated by Thin Line Wellness and Recovery, LLC. (the “Company”). By accessing ThinLineWellnessandRecovery.com and by purchasing any digital content or physical products available on this Website (the “Product” or “Products”), you agree to be bound by these Terms of Use (this “Agreement”). This Agreement governs the use and access to the Website; please read it carefully.
You should also read our Privacy Policy which is incorporated by reference into this Agreement. To access and use this Website and license or purchase Products made available herein, you must accept and agree to be bound by all of the terms of this Agreement, including the Thin Line Wellness and Recovery, LLC Privacy Policy as well as any and all additional rules and terms that are or may be posted on the Website that reference this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Thin Line Wellness and Recovery, LLC Privacy Policy as well as any and all additional rules and terms that are or may be posted on the Website that reference this Agreement, then do not use this Website or purchase any of the products licensed on the Website. Please contact us with any questions regarding this Agreement.
1. Acceptance of Terms of Use Agreement
This Agreement is an electronic contract that establishes the legally binding terms you must accept to access and use the Website. By accessing the Website or licensing or purchasing Products, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.
2. Eligibility
You must be at least 18 years of age and the age of majority and legal consent in the jurisdiction in which you live or reside and have the legal capacity to enter into these terms to access this Website. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Intellectual Property & Proprietary Rights
The Company owns or licenses and retains all rights granted in the Website and the Products offered for sale or license, and in all content, trademarks, trade names, Product marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, disclose, use, create any derivative works from, make commercial use of, or reproduce in any way any copyrighted material, trademarks, trade names, Product marks, other intellectual property or proprietary information accessible on the Website or through the Product , without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
4. General Disclaimer
You acknowledge and agree that the Company is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted on the Website or provided in connection with any Products , whether caused by users of the Website or Product , including other Website users, or any of the equipment or programming associated with or utilized in the Website or its Products ; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user of the Website; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Website users or to any other person’s computer related to or resulting from participating or downloading Products in connection with the Website and/or in connection solely with the Products .
5. Website provided “AS-IS”
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE WILL BE CORRECTED.
YOU FURTHER UNDERSTAND THAT ANY PRODUCT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY PRODUCT OR OTHER MATERIALS THROUGH THE WEBSITE.
6. Third Party content
From time to time, the Company may make third party opinions, advice, statements, offers, or other third-party information or content or Products available on the Website (“Third Party Content” or “Third Party Product”). All Third-Party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY PRODUCT MADE AVAILABLE THROUGH THE WEBSITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR IN A PRODUCT . UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR IN A PRODUCT, OR TRANSMITTED TO OR BY ANY WEBSITE USERS.
7. Informational & Entertainment Purposes ONLY
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or in a Product is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or any of its Product. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
8. Links & Third-Party Websites
The Website may contain, or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or Products, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or in a Product, including payment and delivery of related goods or Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or Products or other materials available on or through any such website or resource.
9. Limitation on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR PRODUCT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, WEBSITE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE PRODUCT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ITS PRODUCTS OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
10. Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website or its Products will be brought in the federal or state courts located in the jurisdiction and venue as chosen by the Company. You waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Website or its Products in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law). No software made available in connection with the Website or its Products may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR ITS PRODUCTS OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
11. Indemnification
You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (b) any postings or content you post on the Website or as a result of the use of the Website or license or purchase of its Products , and (c) the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
12. Notice
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Product in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Product in an authorized manner.
13. Amendment
This Agreement is subject to change by the Company at any time.
14. Entire Agreement
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular Products or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and/or the Product. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. There shall be no third-party beneficiaries to this Agreement.
This Agreement was last modified on April 28, 2023 and is effective immediately.