Notice and Acceptance of Terms of Use
Last modified on February 15, 2023
WELCOME TO THE WEBSITES OR MOBILE APPLICATIONS OF ADDICTION CAMPUSES’ SWIFT RIVER. PLEASE READ THE FOLLOWING NOTICE WITH RESPECT TO THE TERMS OF USE AND DISCLAIMERS APPLICABLE TO YOUR USE OF THE SWIFT RIVER WEBSITE, THE SWIFT RIVER APPLICATION, AND ALL OTHER INTERACTIVE FEATURES, SERVICES, AND OR COMMUNICATIONS WITH OR PROVIDED BY SWIFT RIVER.
These Terms of Use are entered into by and between You and Addiction Campuses- Swift River(“Swift River”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) govern your visit to and use of swiftriver.com and the Swift River Alumni app, including any content, and functionality offered on or through swiftriver.com and Swift River Alumni app, any Swift River emails, email newsletters published or distributed by Swift River, and all interactive features, services, and communications provided by Swift River (the “Platforms”) regardless of whether you are a Swift River client, alumni, family member, visitor, user, or prospective client opting in to be contacted by Swift River. Your access and use of the Platforms, indicate to Swift River that you consent to be bound by Swift River’s Terms of Use, Privacy Policy, and federal and state or provincial law, as applicable, in effect at the time of your use. These Terms of Use are non-negotiable. If you do not agree to be bound by any of the terms contained in our Terms of Use or in our Privacy Policy, or you are not legally able to contract in your place of residence by reason of your age or other, then you should not access or use the Platforms for any purpose. These terms may change from time to time (see Changes to Our Terms of Use). Your continued use of the Platforms after we make changes is deemed to be an acceptance of those changes. You are, therefore, solely responsible to check these Terms of Use periodically for updates.
All content is intended for general informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. 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. 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.
TERMS OF USE
Use of Our Platforms
You agree to use the Platforms only for lawful purposes. You agree not to take any action that may compromise the security of the Platforms, render the Platforms inaccessible to others or otherwise cause damage to the Platforms, its users, or the content therein. You agree not to use the Platforms in any manner that might interfere with the rights of third parties. We reserve the right to terminate or limit your access to the Platforms for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion. In such event, you must immediately destroy or delete any downloaded or printed material from our Platforms.
To access the Platforms or some of the resources they offer, from time to time, you may be asked to provide certain registration details or other information. It is a condition of your use and or your interaction with the Platforms that all the information you provide is correct, current, and complete. You agree that all information you provide to register with Swift River through any Platforms, or over the phone, in -person, via teleconference or otherwise, including but not limited to via the use of any interactive features is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
Intellectual Property and Service Content
Unless otherwise noted, all content on the Platforms, including articles, artwork, screenshots, graphics, logos, videos, images, downloads and other files, is the property of Swift River and is protected by the United States and international copyrights, trademarks and other intellectual property laws. The Swift River Platforms and all their features, materials, along with the information they display, the marketing collateral used, and the trademarks, logos, copyrights and service marks (“Marks”) used are protected by the intellectual property rights of Swift River® and or third parties under agreement with Swift River. The unauthorized use and or appropriation of these Marks or materials without the prior written consent of Swift River or any third-party owner of the Mark is illegal and Swift River actively polices and enforces its intellectual property rights. You agree to comply with all copyright laws worldwide in your use of the Platforms, as such You understand and agree that You must refrain from any unauthorized copying or use of the Marks. Except as expressly provided herein, Swift River does not grant any express or implied right to you under this Agreement.
Swift River either owns the intellectual property rights, claims common law rights, or has obtained authorization from the intellectual property owners of the HTML, text, images, audio, video, software or other content that is made available on the Platforms including but not limited to the Swift River® trademark.
If you print, copy, modify, download, share, use or provide any other person with access to the Platforms in breach of the Terms of Use, your right to use the Platforms automatically terminates, and you must, at our option, return or destroy any copies of any copies of and or materials you have produced based on your unauthorized use. No right, title, or interest in or to the Platforms or any content on the Platforms is transferred to you by virtue of your use or access, and all rights not expressly granted are reserved by Swift River. Any use of the Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Platforms other than as reasonably intended and or set out in this document, please address your request to Swift River at the address in the Notice section attention Legal and Marketing departments.
Opinions, advice and all other information expressed by any third-parties on the Platforms represent their own views and not those of Swift River. You should not rely on such opinions, advice or other information. Neither Swift River nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.
Copyright Protection
Swift River honors the intellectual property rights of others and asks the same of its users and visitors of the Platforms. Swift River may, in its sole discretion, terminate the accounts or access rights of users whose actions infringe or otherwise violate the intellectual property rights of others. Swift River will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Swift River will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Swift River with the following information. Please be advised that to be effective pursuant to Section 512(c)(3) of the DMCA, the Notification must include ALL of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site with information reasonably sufficient to permit Swift River to identify the material;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Swift River to contact you;
- 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
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By Mail:
Attn: Legal Department
Addiction Campuses- Swift River
151 South St.
Cummington, MA 01026
By Email – For Terms of Use or Data Use
Questions: info@regardhealthcare.com
IMPORTANT NOTICE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SWIFT RIVER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. PLEASE BE AWARE THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL OR ACTIVITY ON THE WEBSITE IS INFRINGING YOUR COPYRIGHT, YOU MAY BE HELD LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES) UNDER SECTION 512(F) OF THE DMCA.
ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Links To Other Websites or Social Media Applications or Platforms
If you link to or elect to use another site, social media application, tool, software, or platform, in conjunction with any Swift River services, and or you leave the Swift River website you understand and agree that you are doing so at your own risk and subject to that website’s, social media application’s, tool’s, software’s, or platforms’ terms and conditions of use and privacy policy. The inclusion of any link to a website, social media application, tool, software, or platform does not imply endorsement by Swift River of the website or their entities, products, or services.
Availability of Swift River Platforms
You acknowledge that temporary interruptions in the availability of the Swift River Platforms may occasionally occur. Swift River specifically disclaims any liability for damages due to such interruptions. The Swift River Platforms and the content therein may include inadvertent inaccuracies or typographical errors. If you use the Swift River website or Alumni application from locations outside the United States, you are responsible for compliance with applicable local laws. Swift River makes no representation that the services referenced in its Platforms are appropriate, or available worldwide.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT SWIFT RIVER PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SWIFT RIVER MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SWIFT RIVER DOES NOT WARRANT THAT THE PLATFORMS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SWIFT RIVER SHALL CREATE ANY WARRANTY ON BEHALF OF SWIFT RIVER. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitations of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SWIFT RIVER, OR ITS AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE PLATFORMS. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF SWIFT RIVER OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT SWIFT RIVER OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION SHALL NOT APPLY.
Reliance
YOU UNDERSTAND THAT THE DISCLAIMER OF WARRANTIES AND LIABILITY AND THIS LIMITED LIABILITY SECTION ARE A CONDITION OF US MAKING SWIFT RIVER SERVICES AND PLATFORMS AVAILABLE TO YOU. WITHOUT THESE SECTIONS, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms of Use, we may take any step we deem appropriate including but not limited to terminating your Alumni Account and/or access to Swift River services, as applicable. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any amounts associated with your account at the time of termination.
User Content
From time to time and at its sole discretion Swift River may give you the ability to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials on message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features on the Swift River website or alumni application (collectively, “Interactive Services”) including but not limited to the ability to post product or service reviews, testimonials or other comments (collectively, “User Content”). All User Content must comply with the standards set out in these Terms of Use. In addition, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights in any User Content on the Platforms, including but not limited to content that you may have created or developed, which may include, application screen names, the content of chats and other messages submitted to a Platform or to us directly. All communication, solicited feedback, and other materials submitted to Swift River (by website, application, email, or otherwise) are non-confidential and non-proprietary. By submitting material to the Platforms and subject to any limitations under applicable law, you give up any claims that the use by Swift River of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, by using the Platforms you agree to grant Swift River and any of its affiliates, successors and assigns, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, transmit, and create derivative works from, distribute, and display, throughout the world in any media, any and all User Content and the name and or likeness associated to such User Content (the “License”). You understand and agree that you do not have any rights to review and or approve any use, reproduction, modification, adaptation, translation, or derivative creation of the User Content by Swift River before Swift River publishes, distributes, or displays such User Content as submitted and or as modified. You represent and warrant that as the user you own or otherwise control all of the rights to the User Content and have the right to grant the License to Swift River its affiliates, parents, subsidiaries, and each of our respective licensees, successors, and assigns; that the User Content is accurate and factual and if applicable, represents actual events that have taken place in your life; that use of the User Content does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Swift River its affiliates, parent, subsidiaries, officers, directors, shareholders, predecessors, successors-in-interest, employees, agents and licensors for all claims resulting from the User Content. Swift River has the right but not the obligation to monitor and edit or remove any User Content. You, not Swift River, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. Swift River takes no responsibility and assumes no liability, including third-party liability for any User Content posted on the website. No further consideration or compensation will be given to You for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted to a Swift River Platform in any manner.
To protect the privacy of alumni who choose not to upload an image, representational images may be used.
User Rights and Restrictions
These Terms of Use grant You, in your individual capacity, permission to use the content of the Platforms made available for personal, noncommercial use only. In no instance may you:
- Change or remove any copyright and other proprietary notices from content on the Platforms;
- Copy, modify, or create derivative works based on, the content, materials, or Marks in the Platforms;
- Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Platforms whether for yourself or for a third party;
- Use the content, materials, or Marks in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits Swift River, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
- Download quantities of content, materials, or Marks to a database for any reason;
- Decompose, disassemble, or reverse engineer any part of any Platforms, or otherwise use any Swift River provided service for any purpose other than those provided for and or contemplated by us and in conjunction with the operations of the Platforms or Swift River services;
- Use any Platforms for the benefit of any third party or transfer access to the Services to any third party;
- Use the Platforms, materials, content, or services for commercial purposes, including, but not limited to: (a) selling access to all or part of the Materials; or (b) placing advertising, sponsorships, or promotions on or within the Platforms or content;
- Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Platforms;
- Infiltrate any system used to operate the Platforms;
- Take any action to cause, or exploit, known or latent malfunctions, bugs, or other defects in the Platforms or system used to operate the Platforms; or
- Attempt to circumvent any restriction in the Platforms based upon age, geography, or other restriction imposed by us.
Furthermore, You must comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark, and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of any Swift River accounts, login ID, and password you use in connection with the Platforms, including by not reusing passwords you have used with the Alumni App or Swift River website for any other account. You agree that Swift River will not be responsible for any losses arising out of any unauthorized use of your Swift River accounts.
Notwithstanding anything to the contrary included in these Terms of Use, Swift River may at any time, with or without notice, suspend or terminate your access to some or all of the Platforms and refuse any and all current or future use of the Platforms and Swift River services at any time.
User Conduct
You are prohibited from posting or transmitting any material to the Platforms that could: (i) interfere with anyone else’s use of the Platforms; (ii) be considered abusive, illegal, indecent, obscene, offensive, discriminating or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone’s copyright or other property right; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Although we may from time-to-time monitor or review postings, transmissions, and the like on the Platforms, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any User Content or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
Alumni Application Accounts
In order to access some features on the Platforms, you will need to create an Alumni account and you agree to:
- Provide true, accurate, current and complete information about yourself (“Profile Data”).
- Maintain and promptly update the Profile Data to keep it accurate.
- Only maintain one Alumni Account.
- Never use another person’s Alumni Account.
- Bear full responsibility for the activity on your Alumni Account and the security of your account credentials.
We have the right to suspend or terminate your Alumni account, with or without notice, and refuse any and all current or future use of the Platforms due your violation of the Terms of Use or Privacy Policy, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Platforms.
Indemnification
To the fullest extent of the law, you agree that you will be responsible for your use of the Platforms, and you agree to defend, indemnify, and hold harmless Swift River and its officers, directors, employees, consultants, affiliates, subsidiaries and agents 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 Platforms 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.
Privacy
Click here to see Swift River ‘s Privacy Policy.
Governing Law and Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Swift River, or in any way relating to your use of the Services and/or the Content, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Swift River or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Changes in Terms of Use
Swift River reserves the right, from time to time, and at its sole discretion, to change, modify, add to or remove portions or the whole of the Terms of Use. Changes to the Terms of Use are effective when posted to the website and apply to all access to and use of the website after the changes were made. Your continued use of the website following the posting of changes or updates constitutes your acceptance to abide by and be bound by the Terms of Use, including such changes or updates. You are responsible for periodically checking these Terms of Use for changes. Changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which you and Swift River have actual notice on or prior to the date the change is posted on the website. Swift River will notify you if any material changes are made to these Terms of Use.
Contact Us
If at any time you wish to contact Swift River with any questions regarding our Terms of Use or data use, or should you no longer wish to be contacted by Swift River, contact information is available below.
By Mail:
Attn: Terms of Use
Addiction Campuses- Swift River
151 South St. Cummington, MA 01026
By Phone:
(866)756-4673
By Email – For Terms of Use or Data Use Questions:
info@regardhealthcare.com
By Email – For Customer Service or if you wish to no longer receive information from Swift River:
