Terms and Conditions
Last Revised September 1 2021
This Website Usage Agreement ("Agreement") is between a User ("you," "your") and the owners of Eventide Recovery ("we," "our," "the company"). Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website.
Overview. This website is owned and controlled by Robbie Shaw LLC, a North Carolina LLC at 1940 Park Road, Charlotte, NC 28203.
Purpose. The purpose of this website is to provide general and educational information.
Responsibility for Use of Website. To access or use this website, you must be 18 years or older and have the power and authority to enter into these Terms and Conditions. If you are under the age of 18, you must get permission from a parent or legal guardian prior to using this website.You may use www.eventiderecovery.com for lawful purposes only. You shall not post or transmit through www.eventiderecovery.com any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Limitation of Liability. Eventide Recovery will not be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, and services. Eventide Recovery is not liable for loss of profits, revenue, data or use, incurred by you, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise even if the other party has been advised of the possibility of such damages.Your sole remedy for any breach or default of this Agreement by www.eventiderecovery.com or Website Owner shall be a return of any fees paid to www.eventiderecovery.com or Website Owner for any services provided under this Agreement.
Indemnification. You indemnify and agree to defend and hold harmless www.eventiderecovery.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of www.eventiderecovery.com, including any breach by you of the Terms contained in this Agreement.
Errors and Omissions. All information on this website is accurate and true to the best of Eventide Recovery’s knowledge, but that there may be omissions, errors or mistakes. Eventide Recovery is not liable for any damages due to any errors or omissions on the website, delay or denial of any products, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures or misuse of information or products.
No Guarantees. By participating in/reading this website/blog/emails, you accept that Eventide Recovery cannot guarantee the outcome of services and/or recommendations on the website/blog/email series. Eventide Recovery cannot make any guarantees other than to deliver the information gained as described.
Intellectual property. Eventide Recovery is the sole and exclusive owner of all trademarks and content on this website, including all information, documents, photographs, graphics, and other materials available through this website and all services operated by Eventide Recovery through this website. These materials are protected by copyright law and trademark law, and you have permission to use the content and intellectual property on this website with proper credit attribution.
DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:
By Mail: 1940 Park Road, Charlotte, NC 28203.
By Phone: 704.460.8638
By E-mail: info@eventiderecovery.com
10. Termination. Eventide Recovery may terminate this Agreement at any time, with or without notice, for any reason.
11. Jurisdiction. These Terms and Conditions are governed by and construed in accordance with United States federal law and the laws of the State of North Carolina. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of North Carolina, USA. For any questions or comments regarding these Terms and Conditions, contact info@eventiderecovery.com
12. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
13. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
14. Arbitration. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) or three (3) arbitrators sitting in North Carolina, Mecklenburg County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of North Carolina. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1 of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
15. Entire Agreement. The Terms and Conditions and Privacy Policy located here (link to Privacy Policy) constitutes the entire agreement between you and Eventide Recovery and governs the terms and conditions of your use of this website, and supersedes all prior or concurrent communications, whether electronic, oral or written, between you and Eventide Recovery respect to this website. Despite the abovementioned, you may also be subject to additional Terms and Conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use this website.
Eventide Recovery may revise these Terms and Conditions at any time. Accordingly, you should visit the website and review the Terms and Conditions periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms and Conditions signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions.