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Terms Of Use2018-09-14T15:17:27+00:00

My Recreation Therapist Terms of Use and End User License Agreement

BY DOWNLOADING THE MY RECREATION THERAPIST.COM OR BY ACCESSING, VIEWING, OR USING THE MY RECREATION THERAPIST (THE “SITES”) OR ANY TOOLS AND SERVICES PROVIDED IN CONNECTION WITH THE SITES (COLLECTIVELY, THE SITES AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE “SERVICE”), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. If you object to anything in these Terms of Use or otherwise do not understand or agree to be bound by these Terms of Use do not use the Service.

These terms and conditions and end user license agreement (collectively, “Terms of Use”) set forth the terms and conditions of My Recreation Therapist.com applicable to your use of the Service. My Recreation Therapist.com encourages you to read these Terms of Use carefully. For purposes of these Terms of Use, “My Recreation Therapist.com” means and includes My Recreation Therapist.com and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. “User” means each person who accesses or uses the Service, including consumers and recreation therapist, whether or not such User personally created an account.

You understand and agree that My Recreation Therapist.com  may revise, modify and/or supplement these Terms of Use (the “Revised Terms of Use”) at any time. Any Revised Terms of Use will be effective immediately after notice is sent to you via the internal My Recreation Therapist.com email system or by such other forms of notice as may be determined by My Recreation Therapist.com. If you do not agree to the Revised Terms of Use, you must stop using the Service and close your account. You can close your account through the Account Settings page under My Recreation Therapist.com. By continuing to use the service following notice, or by failing to close your account, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Service is valid consideration for the Revised Terms of Use.

Terms and Conditions

  1. Privacy Policy. Please refer to the My Recreation Therapist.com  Privacy Policy at My Recreation Therapist.com for information on how  My Recreation Therapist.com collects, uses and discloses information about you.
  2. License. Subject to the terms and conditions set forth in these Terms of Use, My Recreation Therapist.com grants you a personal, nonexclusive, nontransferable license to use the Service and on any mobile device that you own or control, solely for your personal, noncommercial use except as expressly set forth herein.

The Service will be in the form and format as determined by My Recreation Therapist.com in its sole discretion and such form and format may limit or restrict use to certain types of devices at the exclusion of others, and may have additional licensing terms restricting their use thereto.

Such license is subject to these Terms of Use and except as expressly provided in these Terms of Use, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein (“My Recreation Therapist.com Content”); (B) modifying or otherwise making any derivative uses of the Service or any  My Recreation Therapist.com Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Service or the My Recreation Therapist.com Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Service or the My Recreation Therapist.com Content other than as specifically authorized herein, without the prior, written permission of My Recreation Therapist.com, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You also consent to My Recreation Therapist.com communicating with you about the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.

  1. The Service Offers a Venue. The Service merely offers tools, resources and a venue to connect those seeking care services with those seeking to provide care services. You understand and agree that My Recreation Therapist.com : (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms of Use or on the Service. Regardless of whether My Recreation Therapist.com screens users or performs a background check, you should exercise caution and perform your own screening before connecting with anyone through the Service, meeting anyone, engaging Users or accepting engagements. My Recreation Therapist.com hereby expressly disclaims, and you hereby expressly release My Recreation Therapist.com from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
  2. Transactions Are Between Users; Release. The Service may be used to help obtain or offer services provided by Users and to facilitate payment for such services. However, Users transact solely between themselves, and My Recreation Therapist.com is not a party to any transactions between Users. My Recreation Therapist.com hereby expressly disclaims, and you hereby expressly release My Recreation Therapist.com from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
  3. Eligibility. You represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Service: (A) you are at least eighteen (18) years old; (B) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use; (D) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (E) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

By using the Service, you understand and agree that My Recreation Therapist.com may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that My Recreation Therapist.com may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service and you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If My Recreation Therapist.com becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

You understand and agree that My Recreation Therapist.com  does not routinely verify that any or all of the Eligibility except that of Certification or Licensure as verified by NCTRC. Conditions are met by any other Users and you further understand and agree that My Recreation Therapist.com is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. Except where expressly stated otherwise in these Terms of Use or on the Service, you understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users. My Recreation Therapist.com hereby expressly disclaims, and you hereby expressly release  My Recreation Therapist.com from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (y) any misstatements or misrepresentations made by any Users.

Although My Recreation Therapist.com has no obligation to verify the Eligibility except Certification and/or licensure verification or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize My Recreation Therapist.com to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You agree that My Recreation Therapist.com may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

  1. No Professional Advice; Information Only. Any information, materials, content and/or advice provided through the Service, whether by My Recreation Therapist.com, Users or third parties, including without limitation the compendium located at , including without limitation at, the My Recreation Therapist.com Facebook pages, including without limitation at www.Facebook.com/myrecreationtherapist.com , are for informational purposes only. Before starting a project or activity listed in the Compendium, please see the Activity Safety Guide for information about the safe performance of the projects and activities in the Compendium. If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional.  My Recreation Therapist.com hereby expressly disclaims, and you hereby expressly release My Recreation Therapist.com from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service, including without limitation on the Compendium, Facebook page.
  2. Use of the Service. You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that My Recreation Therapist.com, in its sole discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. My Recreation Therapist.com reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
  • Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
  • Harvest or otherwise collect information about Users without their consent;
  • Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
  • Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by My Recreation Therapist.com;
  • Impersonate another person or allow any other person or entity to use your user name, password or membership;
  • Post the same content repeatedly or spam – spamming is strictly prohibited;
  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
  • Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
  • Restrict or inhibit any other User from using and enjoying the Service.

My Recreation Therapist.com reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to My Recreation Therapist.com  in its sole discretion. You may report any alleged improprieties by any User to My Recreation Therapist.com  by email at support@myrecreationtherapist.com. However, enforcement of these Terms of Use is solely at My Recreation Therapist.com discretion, and failure to enforce in some instances does not constitute a waiver of My Recreation Therapist.com right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

  1. Account Security. You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify My Recreation Therapist.com of any unauthorized use of accounts or any other breach of security.
  2. Third-Party Services and Content. The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, “Third-Party Services and Content”), which access is provided solely for convenience. For example, the Service may provide access to a third-party payment processing service that enable caregivers to collect payments through the Service from consumers who engage them and may make third-party content available through the Service, such as in the Facebook pages, Blog and Twitter account. You understand and agree that such Third-Party Services and Content are not provided by My Recreation Therapist.com, and My Recreation Therapist.com does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content. YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD-PARTY SERVICES AND CONTENT IS AT YOUR OWN RISK, THAT MY RECREATION THERAPIST.COM TERMS OF USE AND POLICIES DO NOT APPLY TO SUCH THIRD-PARTY SERVICES AND CONTENT, AND THAT MY RECREATION THERAPIST.COM IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD-PARTY SERVICES AND CONTENT OR FOR THE ACCURACY, COMPLETENESS, SAFETY OR QUALITY OF THE THIRD-PARTY SERVICES AND CONTENT. YOU SHOULD CAREFULLY REVIEW ANY APPLICABLE TERMS AND POLICIES THAT APPLY TO ANY THIRD-PARTY SERVICES AND CONTENT. MY RECREATION THERAPIST.COM IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD-PARTY SERVICES AND CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND MY RECREATION THERAPIST.COM HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE MY RECREATION THERAPIST.COM FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LIABILITIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES.
  3. User Content. “User Content” is defined as any information, content, messages, photos, and/or materials a User posts on or through the Service, submits to My Recreation Therapist.com and/or submits to any other User on or through the Service or by any other medium or method. My Recreation Therapist.com acts as a passive conduit for User Content, and Users, not My Recreation Therapist.com , are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users’ profiles, is self-reported and you understand and agree that My Recreation Therapist.com does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept.  My Recreation Therapist.com hereby expressly disclaims, and you hereby expressly release My Recreation Therapist.com from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.

You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to My Recreation Therapist.com  an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.

You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service; (B) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (D) shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for My Recreation Therapist.com or cause My Recreation Therapist.com to lose (in whole or in part) the services of the  My Recreation Therapist.com ISPs or other partners or suppliers. My Recreation Therapist.com may, but is not obligated to, review or delete any User Content that, in My Recreation Therapist.com sole discretion, violates these Terms of Use.

Although My Recreation Therapist.com has no obligation to screen, edit or monitor User Content, My Recreation Therapist.com reserves the right, and has absolute discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. The User is responsible for maintaining all credentials regarding certification and or licensure.  My Recreation Therapist.com will do its best to qualify and monitor all Users credentials and reserves the right to terminate User when credentials expire or are revoked by NCTRC. You agree to make no further use of the Service during suspension or after termination. Enforcement of the User Content rules set forth in these Terms of Use is solely at My Recreation Therapist.com discretion, and failure to enforce such rules in some instances does not constitute a waiver of  My Recreation Therapist.com right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

Although My Recreation Therapist.com has no obligation to do so, My Recreation Therapist.com reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense.

  1. Consumer Reports. My Recreation Therapist.com may utilize or make available to through the Service third-party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Consumer Reports”), but, unless otherwise expressly stated in these Terms of Use or through the Service, My Recreation Therapist.com does not automatically run Consumer Reports on any Users. My Recreation Therapist.com does not provide, and is not responsible or liable in any manner for, the Consumer Reports, and it does not endorse or make any representations or warranties regarding the reliability of such Consumer Reports or the accuracy, timeliness or completeness of any information in the Consumer Reports. Nor does My Recreation Therapist.com independently verify information in the Consumer Reports.

Note the following limitations in Consumer Reports: Except as otherwise expressly provided in these Terms of Use or through the Service, My Recreation Therapist.com does not automatically run Consumer Reports on any Users. Records not available to third-party consumer reporting agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Consumer Reports. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

  1. Fair Credit Reporting Act. If you obtain Consumer Reports that are governed by the Fair Credit Reporting Act, 15 USC 1681 (“FCRA”) through the Service, you hereby represent and warrant that you will comply with the FCRA, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov in connection with your use of such Consumer Reports. The third-party consumer reporting agency responsible for the Consumer Reports provides a summary of FCRA rights for Users who authorize such Consumer Reports, and the third-party consumer reporting agency responsible for the Consumer Reports also provides notice when Users are terminated based on information in such Consumer Reports. You agree to comply with any applicable provisions of the FCRA relevant to you at all times.  My Recreation Therapist.com hereby expressly disclaims, and you hereby expressly release My Recreation Therapist.com  from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the Consumer Reports.
  2. Paid Memberships. Access to certain services and features of the Service require a paid membership (“Paid Membership”). Upon registration for a Paid Membership, you agree to pay  My Recreation Therapist.com the applicable membership fees at the prices then in effect, and you authorize My Recreation Therapist.com to charge your chosen payment method in connection therewith. My Recreation Therapist.com reserves the right to correct any payment errors even if it has already requested and/or received payment.

My Recreation Therapist.com may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service. My Recreation Therapist.com hereby expressly disclaims, and you hereby expressly release My Recreation Therapist.com  from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to My Recreation Therapist.com use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about My Recreation Therapist.com use of payment processing services, please contact My Recreation Therapist.com by email at support@myrecreationtherapist.com.

My Recreation Therapist.com may offer limited-time, free trial memberships or other promotions from time to time. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue your membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period by calling My Recreation Therapist.com at 1-865-654-9207, by emailing at support@myrecreationtherapist.com, or through your account settings.

  1. Automatic Renewal and Cancellation. Paid Memberships and some paid features (“Features”) may be automatically extended for successive renewal periods of the same duration as the Paid Membership and/or Feature term originally selected (as indicated at the time of sign-up). IF YOU SIGN UP FOR A PAID MEMBERSHIP OR FEATURE THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH PAID MEMBERSHIP OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM BY CALLING MY RECREATION THERAPIST AT 1-865-654-9207, BY EMAILING AT SUPPORT@MYRECREATIONTHERAPIST.COM OR THROUGH YOUR ACCOUNT SETTINGS. At or near the time of each renewal, you authorize My Recreation Therapist.com to charge your selected payment method the then-current, applicable fee in accordance with the Paid Membership or Feature you selected. Upon cancellation, you will have access to the Paid Membership and/or Feature benefits until the end of the then current Paid Membership and/or Feature term, and the Paid Membership and/or Feature will not be renewed after that term expires. You will not be eligible for a refund of any portion of the Paid Membership and/or Feature fees paid for the then-current Paid Membership and/or Feature period, except as expressly provided in these Terms of Use. My Recreation Therapist.com is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by My Recreation Therapist.com.
  2. Ancillary Support Services. My Recreation Therapist.com may offer ancillary support services, including without limitation concierge services, date night services, vacation services, respite and phone support services (collectively, “Ancillary Support Services”). Ancillary Support Services, including telephone and/or email communications with My Recreation Therapist.com and the subsequent receipt, acceptance and/or use of information in connection with Ancillary Support Services, are subject to these Terms of Use, and each use of Ancillary Support Services, including telephone communications with My Recreation Therapist.com and the subsequent receipt, acceptance and/or use of information in connection with Ancillary Support Services, whether by phone, email, or other medium or method, also constitutes a use of the Service subject to these Terms of Use. My Recreation Therapist.com provides Ancillary Support Services for informational purposes only and does not deliver any professional advice, recommendation, endorsement, direction or guidance. You further understand and agree that fees paid in connection with the Ancillary Support Services, if any, are for the delivery of information only and not for any advice, recommendation, endorsement, direction or guidance. Your receipt, acceptance and/or use of any information in connection with Ancillary Support Services is your further express understanding and agreement to be bound by these Terms of Use, including without limitation all limitations, disclaimers, releases and indemnities in these Terms of Use. You understand and agree that any transaction with another User following the receipt, acceptance and/or use of information is a transaction between Users and not with My Recreation Therapist.com . ANCILLARY SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. MY RECREATION THERAPIST.COM HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE MY RECREATION THERAPIST.COM FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARMS, LOSSES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE USE OF OR INABILITYTO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT SERVICES.
  3. Prohibited Uses. The Service is for the use of individuals only and may not be used in connection with any commercial endeavors (other than the direct employment of recreation therapists) without the express written consent of My Recreation Therapist.com. The Service may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with My Recreation Therapist.com without express written permission from My Recreation Therapist.com. You agree not to use User Content in order to contact, advertise, solicit, or sell to others without their express consent.

You further agree not to collect User Content or any other information, materials or content obtained through the Service, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate information, materials or content, or any information obtained through use of the Service, using manual or automated means, including without limitation though web scraping, without express written permission from My Recreation Therapist.com . Should My Recreation Therapist.com have a reasonable basis to believe that you violated this section; My Recreation Therapist.com reserves the right, in addition to other remedies and at its sole discretion, to assess a $10,000 daily penalty fee for scraping and/or recruiting.

  1. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MY RECREATION THERAPIST.COM FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY MY RECREATION TEHRAPIST.COM IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE; (E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES AND CONTENT; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; (J) USE OF ANY INFORMATION IN THE CONSUMER REPORTS INCLUDING WITHOUT LIMITATION IN VIOLATION OF FCRA; (K) USE OF THE PAYMENT SERVICE; (L) USE OF ANCILLARY SUPPORT SERVICES; (M) CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR (N) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY MY RECREATION THERAPIST.COM IN THE DEFENSE OF SUCH CLAIMS. MY RECREATION THERAPIST.COM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY SUCH CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF MY RECREATION THERAPIST.COM.

18.. Release. IF PERMITTED BY LAW, YOU ALSO AGREE TO RELEASE MY RECREATION THERAPIST.COM  FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MY RECREATION THEREAPIST.COM OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE RELATING TO:

  • A. ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S ELIGIBILITY CONDITIONS;
  • B. ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS;
  • C. MY RECREATION THERAPIST.COM CONTENT AND ANY OTHER INFORMATION, MATERIALS AND CONTENT OBTAINED THROUGH USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ON THE COMPENDIUM, BLOG, FACEBOOK PAGES, TWITTER ACCOUNT;
  • D. THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES;
  • E. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY ACTS OF OR RELIANCE UPON OTHER USERS WITH RESPECT TO SUCH USER CONTENT AND/OR ANY COMMENTS MADE BY A USER ABOUT OTHERS;
  • F. CONSUMER REPORTS; AND/OR
  • G. THE USE OF OR INABILITY TO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT SERVICES.

This release does not include claims, suits, injuries, loss, harm or damages arising from My Recreation Therapist.com  gross negligence or willful tortious conduct.

  1. Suspension and Termination. My Recreation Therapist.com may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at My Recreation Therapist.com sole discretion. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of the content associated with your account. No user fees will be refunded. You agree to make no further use of the Service or the My Recreation Therapist.com Content during suspension or after termination. My Recreation Therapist.com reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or the My Recreation Therapist.com Content during suspension or after termination, and you agree that My Recreation Therapist.com  may recover its reasonable attorneys’ fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.
  2. Intellectual Property Rights of Service. Except for the license expressly granted in these Terms of Use, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms of Use are hereby reserved and retained by My Recreation Therapist.com. The Service, the My Recreation Therapist.com Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively “Proprietary Material”), are owned by My Recreation Therapist or its licensors or users and is protected by U.S. and international copyright law. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. My Recreation Therapist also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without My Recreation Therapist prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of My Recreation Therapist and/or the relevant right holder. The service marks, trademarks, logos and trade names appearing on this Service are owned by My Recreation Therapist or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of My Recreation Therapist and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
  3. U.S. Export Controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  4. No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
  5. Modifications to the Service. My Recreation Therapist reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that My Recreation Therapist shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
  6. No Joint Venture. You acknowledge that you are not legally affiliated with My Recreation Therapist in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on My Recreation Therapist.com except as provided herein or authorized in writing by My Recreation Therapist.com My Recreation Therapist.com is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.
  7. Limitations on Use. In the interest of maintaining the performance and availability of the Service and in enforcing these Terms of Use, My Recreation Therapist.com reserves the right to place certain limitations on your access to the Service at any time and for any reason. You acknowledge and agree that this term supersedes any specific offer made by My Recreation Therapist and that these limitations may be enforced in My Recreation Therapist.com. sole discretion. If you feel that these limitations are interfering with legitimate use of My Recreation Therapist in keeping with the Terms of Use, you shall refer this concern to My Recreation Therapist and abide by the determination of My Recreation Therapist.
  8. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed below.

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Any provision of these Terms of Use found to be invalid, illegal, or unenforceable shall be severed from the Terms of Use. The remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.


MY RECREATION THERAPIST.com Privacy Policy

Last Revised: May 24, 2016

This privacy policy discloses the privacy practices for www.myrecreationtherapist.com . This privacy policy applies solely to information collected by this web site. It will notify you of the following:

  1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 865-654-9207 or support@myrecreationtherapist.com.

Physical Address:
5104 Pearl Valley Rd | Sevierville, TN 37876 | USA