4. Contacting us and how we may contact you

When you submit a form, request a callback, start a chat, or call a number displayed on a Site, you ask us to contact you about treatment. You agree that we and our affiliated facilities may call, text, and email you at the contact information you provide to respond to your inquiry and to follow up about care. Message and data rates may apply. Reply STOP to any text to stop texts, or tell us to stop when we call, and we will honor the request. Calls to admissions lines may be recorded; we will tell you at the start of the call.

Information you send us through a Site travels over the internet. Email and standard chat are not secure channels. Do not send detailed medical or insurance information by email; use the insurance verification tool or wait for an admissions coordinator to call you.

5. Acceptable use

You may use the Sites for lawful, personal, and informational purposes. You may not:

• use the Sites in any way that violates a law, infringes anyone’s rights, or is fraudulent, harassing, or harmful;
• use a bot, scraper, crawler, or other automated tool to access, monitor, or copy any part of the Sites, or copy Site content in bulk by any means, including to train a machine learning model;
• send spam, unsolicited commercial messages, or chain messages through or in reference to the Sites;
• attempt to gain unauthorized access to any part of the Sites, our systems, or another visitor’s information, or interfere with the Sites’ security or operation;
• frame or mirror any part of the Sites, display any other content over them, or link to any page other than the homepage without our written consent, except that ordinary hyperlinks to public pages are permitted;
• impersonate anyone, misrepresent your affiliation, or submit information about another person without authority to do so; or
• use the Sites to seek treatment for a person without that person’s knowledge where the law requires the person’s consent.

We may suspend or terminate your access to a Site for any violation, and we may report unlawful activity to law enforcement.

6. Our content and trademarks

The Sites and everything on them, including text, graphics, logos, photographs, video, audio, page design, and software, belong to ARS or its licensors and are protected by copyright, trademark, and other laws. “The Recovery Village,” “Advanced Recovery Systems,” and the other facility and brand names, logos, and slogans on the Sites are trademarks of ARS or its subsidiaries. You may view, download, and print Site content for personal, noncommercial use, provided you keep all copyright and trademark notices intact. Any other use, including republication, distribution, modification, or commercial use, requires our written permission.

7. Things you send us

If you send us ideas, comments, testimonials, or other material that is not health information about a specific person (“Submissions”), you grant ARS a perpetual, worldwide, royalty free license to use, reproduce, modify, publish, and distribute the Submission for any purpose, and you represent that you have the right to grant that license. We may use Submissions without attribution or compensation. This Section does not apply to information you provide to obtain care, to protected health information, or to information covered by our Privacy Policy or Notice of Privacy Practices; we use that information only as those documents allow, and we will not publish a patient testimonial without a signed authorization.

8. Links to other websites

The Sites link to websites and resources operated by others, such as insurers, professional organizations, community resources, and the 988 Lifeline. We do not control those sites and are not responsible for their content, accuracy, or privacy practices. A link is not an endorsement.

9. Disclaimer of warranties

THE SITES AND THEIR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, ARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR FREE OPERATION. ARS DOES NOT WARRANT THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT CONTENT IS CURRENT OR COMPLETE, OR THAT ANY TREATMENT DESCRIBED ON A SITE WILL BE AVAILABLE TO YOU OR PRODUCE A PARTICULAR RESULT. INSURANCE VERIFICATION RESULTS ARE ESTIMATES AND ARE NOT A GUARANTEE OF COVERAGE OR PAYMENT. Nothing in this Section limits any duty ARS or a facility owes you under a signed treatment agreement or under law once you are admitted for care.

10. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, ARS, ITS AFFILIATES, AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARS’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). Some states do not allow some of these limitations; in those states the limitations apply to the fullest extent the law permits. This Section does not limit liability for treatment you receive at a facility, which is governed by your treatment agreement and applicable law, and it does not limit any liability that cannot be limited by law.

11. Indemnification

You will defend, indemnify, and hold harmless ARS and its affiliates, and their owners, directors, officers, employees, and agents, from any claim, loss, liability, and expense, including reasonable attorneys’ fees, arising out of your violation of these Terms, your misuse of a Site, or your violation of anyone’s rights.

12. Dispute resolution: binding arbitration and class action waiver

12.1 Scope

This Section 12 applies to any dispute, claim, or controversy between you and ARS, its affiliates, or any of their owners, officers, employees, agents, or service providers that arises out of or relates in any way to the Sites, these Terms, our Privacy Policy or Consumer Health Data Privacy Notice, any cookies, tags, analytics, call tracking, or other technology used on the Sites, any communication between you and us that began on a Site, or any information collected through a Site (a “Dispute”). It covers Disputes based on contract, tort, statute, fraud, misrepresentation, privacy or wiretap laws, consumer protection laws, or any other legal theory, and Disputes that arose before you accepted these Terms. It does not cover claims about clinical care you received at a facility, which are governed by your admission and treatment agreements.

12.2 Talk to us first

Before starting arbitration or any other proceeding, you agree to send us a written notice of the Dispute to Advanced Recovery Systems, LLC, Attention: Legal Department, Dispute Notice, 2200 N. Commerce Parkway, Suite 200, Weston, FL 33326, or by email to legal@advancedrecoverysystems.com. The notice must include your name, address, email, and telephone number, a description of the Dispute, and the specific relief you want. We will send any notice to you at the contact information you gave us. You and we will try in good faith to resolve the Dispute for 60 days after the notice is received, which may include a telephone or video conference at either side’s request. If we cannot resolve it, either side may start arbitration. A court may enjoin the filing of an arbitration until this process is completed, and any statute of limitations is tolled during the 60 day period.

12.3 Agreement to arbitrate

You and ARS agree that any Dispute will be resolved exclusively by final and binding arbitration before a single neutral arbitrator, and not in court, except as Section 12.6 provides. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., which applies to this Section because the Sites and the transactions they enable involve interstate commerce. The arbitrator may award the same individual relief a court could award, including damages and injunctive or declaratory relief limited to you, and must apply the substantive law and statutes of limitation that would apply in court. The arbitrator’s award will be in writing, will state the essential findings and conclusions, and may be entered as a judgment in any court with jurisdiction.

12.4 Delegation

The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, scope, or formation of this Section 12, including any claim that all or part of it is void, voidable, or unconscionable, and any dispute about whether a claim is subject to arbitration. The only exceptions are the class action waiver in Section 12.7, which a court must decide as Section 12.7 states, and the mass arbitration procedures in Section 12.8, which a court may enforce.

12.5 Rules, forum, and costs

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the arbitration is filed, as modified by this Section 12. The rules are available at www.adr.org. If the AAA is unavailable or refuses to administer the arbitration, you and we will agree on another administrator or, failing agreement within 30 days, ask a court of competent jurisdiction to appoint one. The AAA rules govern filing fees and arbitrator compensation, and we will pay any portion of those fees that the rules assign to us. If you show that the fees assigned to you would be a hardship, we will pay them. Each side pays its own attorneys’ fees unless the arbitrator awards fees under applicable law or finds that a claim or defense was frivolous or brought for an improper purpose. The arbitration will be conducted in the county where you live, by video conference, or on documents alone, as the arbitrator decides after considering your preference. Either side may bring a Dispute in small claims court instead, if the claim qualifies and remains an individual claim.

12.6 Exceptions

This Section 12 does not prevent either side from seeking a preliminary injunction or other provisional relief in court to protect intellectual property or to stop unauthorized access to the Sites, and it does not prevent either side from bringing an individual action in small claims court. It does not prevent you from reporting a concern to a federal, state, or local agency, or from seeking public injunctive relief where a state law makes that right non waivable, in which case the claim for public injunctive relief will be stayed pending arbitration of all other claims.

12.7 Class action and jury trial waiver

YOU AND ARS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, EXCEPT AS SECTION 12.8 PROVIDES, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND ARS EACH WAIVE THE RIGHT TO A TRIAL BY JURY. A court, not the arbitrator, decides whether this Section 12.7 is enforceable. If a court holds that this Section 12.7 cannot be enforced as to a particular claim or request for relief, then that claim or request, and only that claim or request, will be severed and litigated in court after the arbitration of all other claims is complete, and the rest of this Section 12 remains in force.

12.8 Coordinated filings

If 25 or more similar arbitration demands are filed against ARS by the same or coordinated counsel within 90 days, the AAA’s Mass Arbitration Supplementary Rules, or their successor, will apply. The parties will also proceed as follows: counsel for the claimants and for ARS will each select 10 demands to proceed first as bellwether arbitrations; the remaining demands will be held in abeyance, without filing fees, and the statute of limitations tolled, until the bellwethers conclude; after the bellwethers, the parties will mediate the remaining demands for 60 days; and if mediation fails, the remaining demands will proceed in batches of 25, each before a separate arbitrator, with fees due only when a batch is assigned. A court of competent jurisdiction may enforce this Section 12.8.

12.9 Your right to opt out

You may opt out of this Section 12 by sending a written notice to Advanced Recovery Systems, LLC, Attention: Legal Department, Arbitration Opt Out, 2200 N. Commerce Parkway, Suite 200, Weston, FL 33326, or by email to legal@advancedrecoverysystems.com with “Arbitration Opt Out” in the subject line, within 30 days after you first accept these Terms. The notice must include your name, address, email, and telephone number, and a clear statement that you want to opt out of arbitration. An opt out applies only to you and only to Disputes with ARS; it does not affect any other agreement to arbitrate you have with us. If you opt out, Section 13 governs where Disputes will be heard. Opting out has no effect on any other part of these Terms.

12.10 Changes and survival

If we change this Section 12 after you accept these Terms, the change will not apply to a Dispute of which you had already given us notice, and you may reject the change by sending an opt out notice within 30 days after the change takes effect, in which case the prior version of this Section 12 continues to apply between you and us. This Section 12 survives the termination of these Terms and the end of your use of the Sites.

13. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict of laws rules, and by the Federal Arbitration Act as to Section 12. Subject to Section 12, you and ARS agree that any Dispute that is not arbitrated will be brought exclusively in the state courts located in Broward County, Florida, or the United States District Court for the Southern District of Florida, and you consent to the personal jurisdiction of those courts. You agree that a violation of Sections 5, 6, or 7 would cause us irreparable harm and that we may seek injunctive relief without posting a bond.

14. General terms

These Terms, with the Privacy Policy and Consumer Health Data Privacy Notice, are the entire agreement between you and ARS about the Sites. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect, except as Section 12.7 provides. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. We may modify the Sites or stop offering them at any time. We may change these Terms by posting a revised version with a new Effective Date; material changes take effect 30 days after posting, and your continued use of a Site after that date, or your next click on the cookie banner, is your acceptance of the revised Terms, subject to Section 12.10. Prior versions are available on request.

15. Contact us

Advanced Recovery Systems, LLC

Attention: Legal Department

2200 N. Commerce Parkway, Suite 200, Weston, FL 33326

Legal notices: legal@advancedrecoverysystems.com

Privacy questions: compliance@advancedrecoverysystems.com