
Website Terms of Service
Last Modified: July 12, 2022
This Terms of Service Agreement (the “Agreement”) is entered into by and between you and Recover Hospitality, LLC (the “Company,” “Recover Hospitality,” or “We”). The following terms and conditions, together with the Recover Hospitality Privacy Policy and Hospitality Services Agreement (collectively, “Terms of Service”), incorporated herein by reference, govern your access to and use of recoverhospitality.com and its content, functionality, and services offered as well as the qualifications and limitations associated with such services (the “Website”).
Please read the Terms of SERVICE carefully before you start to use the Website. By using the Website AND ANY OTHER SERVICES BY THE COMPANY, you ACKNOWLEDGE and agree to be bound by these Terms of Service. If you do not want to agree to the Terms of Service, you must not access or use the Website.
You may not order or obtain services from this Website if you (a) do not agree to the terms and conditions set forth in the Terms of Services, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Recover Hospitality, LLC, or (c) are prohibited from accessing or using this Website or any of this Website’s contents, goods or services by applicable law.
1. Description of Services
The Website offers information about Recover Hospitality’s three offered services: (1) consulting services for hospitality businesses aimed at helping these businesses create a more welcoming environment for both employees and guests in addiction recovery; (2) Recover Hospitality Experience, the Company’s lodging package, which offers supportive travel destination options and experiences to those in addiction recovery; and (3) consulting services for sober living homes related to improving communication, accountability, and travel support for those in addiction recovery.
2. Changes to the Terms of Service
The Company may revise and update these Terms of Service from time to time at our sole discretion. It is our policy to post any changes we make to the Terms of Service on the Website with a notice that the Terms of Service have been materially modified. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your use of the Website and any other services provided by the Company after the posting of the revised Terms of Service constitutes your acknowledgement and acceptance of these changes. You are responsible for periodically visiting our Website and this page to check for any changes, as they are binding on you.
3. Accessing the Website and Account Security
All information we collect on this Website is subject to our Privacy Policy [LINK]. By using this Website, you consent to all actions taken by us with respect to your information and in compliance with the Privacy Policy.
The Company reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
If you choose to create, or are provided with a Recover Hospitality account, it is a condition of your use of the Website that all information provided in creating or maintaining that account or provided on the Website is correct, current, and complete. You agree that all information you provide to register with this Website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Additionally, if you choose to create, or are provided with a Recover Hospitality account, user name, password, or any other piece of information related to Recover Hospitality security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password or any other breach of security. You should also use particular caution when accessing your account from a public or shared computer so that others are not allowed to view or record your password or other personally identifiable information, including your name, email address, phone number, and payment details (“Personal Information”).
The Company has the right to disable any user name, password, or other identifier, whether chosen by you or provided by the Company, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
4. Intellectual Property Rights
4.1 General. The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof are owned by the Company, its licensors, or other providers of such material and are protected by applicable United States and international intellectual property and other laws.
The Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes; and
You may print or download copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You are prohibited from the following:
Modifying copies of any materials from the Website;
Deleting or altering any trademark or other proprietary rights notices from copies of materials from the Website.
If you wish to make any use of the materials on the Website for a purpose not set out in this section of the Terms of Service, please address your request to support@recoverhospitality.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must at our opinion, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate intellectual property or other laws.
4.2 Company Trademarks. The Company trademarks, service marks, and other Company logos, products, and service names, are trademarks of Recover Hospitality (collectively, the “Company Trademarks”). Except as otherwise permitted by law you agree not to display or use in any manner the Company Trademarks without the Company’s prior written consent.
4.3 Intellectual Property of Third Parties. The Company expects you to respect the intellectual property of others. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks or proprietary property of their respective owners. If the Company uses a trademark that is the property of a third party, the Company shall provide clear notice to those witnessing such use that the Company does not own the trademark, the trademark is the property of a third party, and if applicable, that the Company is not affiliated, connected, or associated with that third party nor has the third party sponsored the Company’s use of the trademark.
5. Third-Parties.
5.1 Third-Party Content. The Website may display, include, or make available third-party content, website links, information, and other products, services, or materials. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. Even if the Company is affiliated with these third-parties, we have no control over the contents of third-party sites or resources, all of which may have separate privacy and data collection practices, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
5.2 Third-Party Liability. You agree and acknowledge that the Company is not responsible for Third-Party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party materials. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5.3 Third-Party Dealings. Your correspondence or business dealings with or participation in promotions of affiliated or other third-parties found on our Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such affiliated or other third-party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence or such affiliated or other third-parties on the website.
6. Use of the Website.
6.1 General. You agree that the Company may establish general practices and limits concerning the use of the Website. You agree that the Company has no responsibility or liability for the storage, deletion, or failure to store or delete any of your Personal Information.
6.2 Prohibited Uses. The Company has the right to remove, repeal, and / or terminate your account if you use the Website for any unlawful purposes. The following is an illustrative, not exhaustive, list of prohibited uses of the Website.
You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation, including without limitation, any laws regarding the export of data or software to and from the US or other countries;
To exploit, harm, or attempt to exploit or harm any other person in any way;
To transmit, or procure the sending of any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing;
To imply or state, directly or indirectly, that you are affiliated with or endorsed by the Company without our express written consent;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website, or expose them to liability;
In any way that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any manual or automatic device to monitor or copy any of the material on the Website, or for any other purpose not expressly authorizes in the Terms of Service, without our prior written consent;
Use any device, software, or routine that interferes with the proper functioning of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
6.3 Changes to the Website. We may update the content on this Website from time to time but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
6.4 Linking to the Website. You may link to the Website’s homepage or relevant landing page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.
7. Monitoring and Enforcement; Termination.
If you use the Website in an unlawful manner, the Company has the right to (a) disclose information about you, including your identity and other Personal Information, to law enforcement, and (b) immediately suspend or terminate your access to all or part of the Website and your receipt of, and participation in, any of the Company’s services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (“Affiliated Persons”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8. Geographic Restrictions.
The owner of this Website is based in the Commonwealth of Massachusetts in the United States. We make no claims that this Website or any of its contents is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
9. Disclaimer of Warranties.
TO THE fullest extent provided by law, we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading or material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
10. Limitation on Liability.
TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification.
You agree to defend, indemnify, and hold harmless the Company and its Affiliated Persons from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service and / or your use of the Website, including but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
12. Governing Law and Jurisdiction.
You acknowledge and agree that any disputes between you and the Company, its affiliates, licensees, and service providers, arising from or relating to the Website and the Terms of Service, shall be governed by and construed under the laws of the Commonwealth of Massachusetts without giving effect to any choice of law provision or rule. Any legal suit, action, or proceeding arising out of or related to, these Terms of Service or the Website shall be instituted exclusively in the court of competent jurisdiction located in Berkshire County or in the federal courts located in the Commonwealth of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Notices.
Except as otherwise stated in this Agreement or as expressly required by local law, any notice to the Company shall be given by email to support@recoverhospitality.com and any notice to you will be sent to the email you provided to the Company.
14. Waiver.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition, and any failure of the Company to assert a right or provision under these Terms of Service does not constitute a waiver of such right or provision.
15. No Agency.
No agency, partnership, joint venture, employee-employer, or franchisee-franchise relationship between you and the Company is intended or created by this Agreement.
16. Intended Audience.
The Website is intended for those that are at least 18 years of age. The Website is not intended for children.
17. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you to the Website is truthful and accurate to the best of your knowledge.
18. Severability.
In the event that any section or provision of the Terms of Service is determined by a court of competent jurisdiction to be unenforceable, the parties hereto agree that the remaining terms shall remain fully enforceable.
19. Entire Agreement.
The Terms of Service, including our Privacy Policy and Hospitality Services Agreement constitute the sole and entire agreement between you and Recover Hospitality regarding the Website and its services related to lodging packages and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
20. Your Comments and Concerns.
This Website is operated by Recover Hospitality, located at 30 Main Street, Stockbridge, MA 01262.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@recoverhospitality.com.