Legal

Broken Hearts Hurt. We Can Help.

Legal Disclaimer

Broken Heart Rehab (“BHR”) is NOT a doctor, sex therapist, or love doctor. This website and the advice contained is NOT meant to be a substitute for any professional guidance or counseling. The information provided merely personal experiences and is NOT meant to take the place of actually going out and living your life for yourself.

With that said…

 

1. Introduction

 

The BrokenHeartRehab.com Web Site (the “Web Site” or “BrokenHeartRehab.com”) is provided by BHR and/or its related corporations, affiliated companies, predecessors, successors, assigns, for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all subsequent modifications (“Terms and Conditions”), and the rules that may be published from time to time by BHR.

By using this site, you are deemed to have agreed to these terms and conditions of use. BHR may change the Terms and Conditions at any time, and without actual notice to you. All such, changes to these Terms and Conditions will appear on BrokenHeartRehab.com. By using the Web Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.

 

BHR’s Article Submission Policy

From time to time, you may wish to submit articles to BHR.  By submitting articles, you agree that:

 

1. Your article submission is an original article you wrong.

 

2. Your article submission does not contain any content that is a violation of any law, be considered defamatory, libelous, or infringes on the legal rights of others.

 

3. Your article is not a copy of a submission to another website or publication.

 

You agree that: (1) your article submissions and their contents will automatically become the property of BHR, without any compensation to you and cannot be reprinted by you without BHR’s permission; (2) BHR may use or redistribute the article submissions and their contents for any purpose and in any way; (3) there is no obligation for BHR to review the article submission; and (4) there is no obligation to keep any article submissions confidential.  BHR shall be free to use such article submissions on an unrestricted basis.

 

User Conduct

This Web Site and any communications service, including the capability to contribute material through the contribution forums, including but not limited to the submissions of user comments and other posts throughout the Web Site, (collectively “Contribution” or “Contributions”), chat room, message boards, newsgroups, or other interactive services that may be available to you on or through the Web Site (collectively “Services”) are provided to you solely for entertainment purposes.

2. Permitted Conduct

The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek BHR’s permission, you may write to us at info@BrokenHeartRehab.com. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

2. Prohibited Conduct

Without limitation of the foregoing, you will not use the Web Site  or Services to:

1. Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; 

1. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

1. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

1. Harvest, collect or store information about the users of this Web Site  or the Content posted by others on this Web Site  or use such information for any purpose inconsistent with the purpose of this Web Site  or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications;

1. Intentionally or unintentionally violate any applicable local, state, national or international law.

1. Content determined by BHR to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.

1. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.

2. Responsibility for Content Submitted by Users

You acknowledge that BHR is not responsible for material submitted to BHR or posted to the Web Site  by users. BHR does not pre-screen, monitor, review or edit the Content posted by users. However, BHR and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in BHR’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. BHR is not responsible for any failure, non-failure or delay in removing such Content.

You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to BHR. You agree to immediately notify BHR of any unauthorized use of the Service or any other breach of security known or suspected by you.

2. Disclosure of Content

You acknowledge and agree that BHR may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BHR, its users or the public.

2. Preservation of Content

You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. BHR assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to BrokenHeartRehab.com.  Any or all Content on the Web Site  may be purged periodically in BHR’s sole discretion.

2. Submission of Content by Users

You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content.

2. Reliability of Content

You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by BHR or submitted to BHR, including Content.

2. Endorseability of Content

You further acknowledge and agree that the views expressed on the Web Site  do not necessarily reflect the views of BHR, and BHR does not support or endorse Content (including any Contribution, whether or not edited by BHR or its designee or presented on the Web Site  edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

2. Observance of Copyright Notices and Restrictions

You must abide by all additional copyright notices or other restrictions contained on the Web Site.

1. Receipt of Unsolicited Materials

In operating this site, BHR does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site  or BHR mail and email addresses, or in any other way. Any information or material submitted or sent to BHR, will be deemed not to be confidential or secret. By submitting or sending information or other material to BHR you represent and warrant that the information is original to you and that no other party has any rights to the material.

2. User’s Grant Of Limited License

By communicating with BHR, including submitting or sending Content, a Contribution or other information or material to BrokenHeartRehab.com, you grant BHR the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a BHR feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to BHR.

2. Waiver of Moral Rights

You also warrant that any “moral rights” in posted materials have been waived.  Moral rights include but are not limited to the rights of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.

2. Usage by Linked Sights

You may be able to link to third parties’ Web Sites (“Linked Sites”) from the BHR Web Site.

1. Content and Endorsement of Linked Sights

Linked Sites are not reviewed, controlled, or examined by BHR in any way and BHR is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links. These links do not imply BHR’s endorsement of or association with the Linked Sites.

2. Access to Linked Sights

It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall BHR be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that Linked Site’s administrator or webmaster.

2. Removal of Linked Sights

BHR reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any link to any of the Linked Sites from the Web Site  and/or introduce different features or links to different users.

2. Content of Linked Sights

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

2. Permission to Link to Web Site

Permission must be granted by us for any type of link to BrokenHeartRehab.com. To seek BHR’s permission, you may write to BHR. BHR reserves the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at BHR’s discretion at any time.

2. Participation in Promotions

From time to time, BHR may offer as part of the Services, either on or through the Web Site, contests, surveys, promotions, simulations or games (collectively “Promotions”).  To participate in Promotions, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of BHR. Registered users (each, a “Registered User”) are permitted only one account.

2. Game Rules

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. BHR is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

2. Disqualification of User

Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. BHR, at its sole discretion, may suspend or revoke the registration of any Registered User.

2. Release of Liability

Registered Users agree to release BHR and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. BHR is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.

2. Official Game Rules

Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.

            E.         Cancellation and Alteration of Game

BHR reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

1. Copyright of Information on Web Site

All materials contained in this Web Site  are the copyrighted property of BHR. As between BHR and you, BHR is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.

            A.        Downloading of Information on Web Site

Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of any portion of the Web Site  or any portion thereof, for any purpose.

1. Printing of Information on Web Site

You may, however, print a copy of individual screens appearing as part of the Web Site  solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

2. Requirement of Consent for Minors

This Web Site  is not intended to be a children’s site, and, therefore, some of the available information may concern certain topics that may not be appropriate for children. BHR may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and BHR may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

2. Privacy of Users

BHR is  committed to protecting your privacy and security and have explained in detail the steps we take to do so. BHR urges you to read BHR’s privacy policy.

1. Disclaimer of Warranties

THE WEB SITE  AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITATION OF THE FOREGOING, BHR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:

1. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE  OR SERVICES; AND

1. ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF:

1. ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR

1. ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.

BHR DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE  WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE  WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU (AND NOT BHR OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

BHR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

2. Limitation Of Liability

IN NO EVENT WILL BHR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, RELATED CORPORATIONS, AFFILIATED COMPANIES, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BHR OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BHR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

2. Indemnification of BHR

Upon a request by BHR, you agree to defend, indemnify and hold BHR, its related corporations, affiliated companies, directors, officers, employees, agents and/or attorneys harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site  or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. BHR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BHR in asserting any available defense.

2. Use of Copyrighted Content

BHR respects the intellectual property rights of others, and require that the people who use the BrokenHeartRehab.com Web Site  do the same.

2. Choice of Law

You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site  may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BHR or relating in any way to your use of the Web Site  resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving BHR or its related corporations, affiliated companies, predecessors, successors, assigns, directors, officers, employees, agents, telecommunication providers and content providers.

2. Operation of Web Site

BHR controls and operates the Web Site from BHR’s offices in California. BHR does  not represent that materials on the site are appropriate or available for use outside of California. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Any inquiries concerning these terms and conditions of use should be directed to info@BrokenHeartRehab.com.

2. Interpretation of Invalid Provisions

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

2. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. BHR may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.