These Terms of Use (or “Terms”) are the terms upon which Reconnect Inc. (Reconnect) offers you access to the Learning Lab LMS website (“Learning Lab LMS”). PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY USING THE LEARNING LAB LMS, YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS.
I. Prohibited uses of Learning Lab LMS
A. Membership
The individual membership is designed for the person in recovery and family members. An individual membership is designed to be used by the subscriber only, and cannot be shared by multiple individuals. The team membership is designed for professionals supporting clients in recovery.
B. Infringement of copyrights and other proprietary material
The Learning Lab LMS contains copyrighted material and other proprietary information, which may include text, software, photographs, video, graphics, images, music and sound (collectively “Proprietary Material”). You agree that you will not use Learning Lab LMS to infringe upon or misappropriate the rights of any party to their Proprietary Material. You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, reverse engineer, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, or permit any third party to do so, except as expressly permitted by these Terms.
Your Learning Lab LMS membership gives you a limited license to use Learning Lab LMS materials, including Proprietary Materials, for educational, training and/or therapeutic purposes within your organization, and such license does not entitle you (i) to edit or modify any of the materials or to incorporate them into any other work or (ii) to transfer, sell, license or otherwise make available any of the materials to a third party, either for free or for payment, without RECONNECT’s prior written consent. That means:
- You may not upload Learning Lab LMS licensed content to public video sharing sites such as YouTube or Vimeo.
- You may not upload Learning Lab LMS content to your organization’s website.
- You may not resell Learning Lab LMS content.
- You may not share or give Learning Lab LMS licensed content to others who are not Learning Lab LMS members, except that members who are medical professionals, care providers, counselors or therapy group leaders may copy and share materials with staff, patients and group members for training, educational and therapeutic purposes. If you wish to share materials with anyone else, ask them to join Learning Lab LMS.
- You may not alter Learning Lab LMS licensed content. For instance you may not translate the content, add or remove words from a document, edit a video or incorporate a video into another work.
Your Learning Lab LMS membership does not give you a license to, or any other rights in, the Proprietary Materials of RECONNECT or any third party, except for the limited rights of use specifically set forth in these Terms. All rights not expressly granted to you in these Terms are reserved by RECONNECT and its licensors.
C. Interference and unauthorized access
You agree that you will not: (a) attempt to circumvent user authentication or the security of any account; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of Learning Lab LMS; or (c) take any action that imposes an unreasonable or disproportionately large load on Learning Lab LMS’s infrastructure. If you in any way violate any system or interfere with network security you may incur criminal or civil liability. RECONNECT will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
D. Prohibition against disclosure of protected information
You acknowledge and agree that your membership does not permit you to disclose, upload, share, furnish, or otherwise provide any information to Learning Lab LMS in violation of applicable laws, rules, and regulations, including without limitation information protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or federal law protecting substance abuse treatment records.
II. Disclaimers about Learning Lab LMS
RECONNECT IS NOT A HEALTH CARE PROVIDER AND IS NOT PROVIDING MEDICAL ADVICE, MENTAL HEALTH COUNSELING, OR ANY OTHER ADVICE OF ANY KIND. LEARNING LAB LMS AND ITS CONTENT IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE OR COUNSELING OF PHYSICIANS AND OTHER PROFESSIONAL HEALTH ADVISORS, AND SHOULD NOT BE USED TO DIAGNOSE OR SELECT TREATMENT FOR ANY HEALTH CONDITION OR FOR ADVICE ABOUT THE USE OF MEDICATIONS. LEARNING LAB LMS CONTENT IS TO BE USED FOR EDUCATIONAL PURPOSES ONLY. ANY INFORMATION OF ANY KIND, INCLUDING MEDICAL INFORMATION, THAT YOU OBTAIN BY USE OF LEARNING LAB LMS, AND ANY PRODUCTS AND CONTENT AVAILABLE ON OR THROUGH LEARNING LAB LMS, ARE USED AT YOUR OWN RISK.
LEARNING LAB LMS IS OFFERED AS AN EDUCATIONAL RESOURCE TO MEMBERS AND RECONNECT DOES NOT ACT ON BEHALF OF ANY MEMBER BY VIRTUE OF MAKING LEARNING LAB LMS AVAILABLE FOR USE. RECONNECT DOES NOT RECEIVE, CREATE, MAINTAIN OR TRANSMIT ANY INFORMATION ON BEHALF OF A MEMBER, AND UNDER NO CIRCUMSTANCE SHALL RECONNECT BE DEEMED TO BE ACTING AS A “BUSINESS ASSOCIATE” OF A LEARNING LAB LMS MEMBER AS THAT TERM IS DEFINED BY HIPAA.
LEARNING LAB LMS AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND RECONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION.
RECONNECT DOES NOT WARRANT OR GUARANTEE THAT (1) LEARNING LAB LMS IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) LEARNING LAB LMS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICE WILL NOT CONTAIN DEFAMATORY OR OFFENSIVE STATEMENTS; OR (5) THE WEBSITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, EACH MEMBER ORGANIZATION IS SOLELY RESPONSIBLE FOR OBTAINING THE NECESSARY CONSENT(S), AUTHORIZATION(S), OR OTHER PERMISSION(S) UNDER APPLICABLE LAW OR REGULATION FOR THE ADDITION OF NEW MEMBERS TO SUCH ORGANIZATION IN LEARNING LAB LMS, AND LEARNING LAB LMS EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR A MEMBER ORGANIZATION’S FAILURE TO OBTAIN SUCH CONSENT, AUTHORIZATION, OR OTHER PERMISSION.
Learning Lab LMS may from time to time contain links to other websites. Unless otherwise noted, RECONNECT is not affiliated with such websites, and if you use these links, you will leave the Learning Lab LMS website. RECONNECT is not responsible for the policies, privacy practices or the content of such websites.
III. Your liability to RECONNECT if you breach these terms and limits on RECONNECT’s liability to you
A. Your indemnification of RECONNECT
By indicating your acceptance of the Terms, and/or by using the Learning Lab LMS, you agree to indemnify, defend and hold harmless RECONNECT and its officers, managers, employees, successors, licensees, assigns, agents, and advisors (collectively the “RECONNECT Parties”) from and against any and all claims, damages, demands, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees and expenses, arising out of or related to (i) your breach of these Terms; (ii) your use or misuse of Learning Lab LMS; and (iii) your violation of any law or the rights of another party.
B. Limitation of RECONNECT’s liability to you
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided in these Terms, IN NO EVENT WILL THE RECONNECT PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF LEARNING LAB LMS, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE RECONNECT PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED USD$500.
IV. General terms
A. Privacy Policy
Your use of Learning Lab LMS is subject to the Learning Lab LMS Privacy Policy available at https://thelearninglablms.com/privacy-policy. You acknowledge that through your use of Learning Lab LMS you are consenting to the collection and use of certain information as described in the Privacy Policy.
B. Termination of your right to use Learning Lab LMS by RECONNECT
RECONNECT reserves the right to refuse access to Learning Lab LMS for any reason. Also, RECONNECT may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if: (a) you breach any of these Terms; (b) RECONNECT is unable to verify or authenticate your log-in information; or (c) RECONNECT believes that your actions may cause legal liability to any person or entity. This is in addition to any other remedies RECONNECT may have.
C. Cancellation of your membership by you
You may cancel your membership at any time, and your access to Learning Lab LMS will end at the renewal date for your membership. We do not issue refunds for memberships cancelled before their renewal date.
If your membership is paid using a credit card, go to Billing Information to cancel your account. If your membership is paid via invoice, please contact us at billing@reconnect.io.
D. Changes to Learning Lab LMS and suspension of access
RECONNECT may, at any time and for any reason, (i) change Learning Lab LMS or any part of it, including any content, or (ii) restrict the use of Learning Lab LMS or any part of it, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. RECONNECT may, at any time and for any reason, cancel or suspend access to Learning Lab LMS or any part of it, including as a result of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of Learning Lab LMS.
E. Arbitration
Any dispute or claim arising out of or relating to these Terms or your use of Learning Lab LMS will be settled by arbitration administered by the American Arbitration Association in accordance with its rules. Any arbitration will occur in the State of Maine unless otherwise agreed by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court in the State of Maine having jurisdiction.
F. Governing law and venue
These Terms and their validity, construction and performance will be governed exclusively by the laws of the State of Maine, without regard to its choice of law provisions, and, subject to the Arbitration section above, any action relating to these Terms will be brought in the state and federal courts located in the State of Maine. You irrevocably agree to accept the exclusive personal jurisdiction of such courts and waive any objections to such venues, including for the purposes of enforcing the Arbitration section above.
G. Enforceability; Survival
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. All terms and conditions of these Terms which by their nature are meant to survive the termination of your use of Learning Lab LMS will survive such termination.
H. Changes to these terms
RECONNECT may change certain provisions contained in these Terms from time to time and will notify you of any such changes. Your use of Learning Lab LMS following notification of any such changes will constitute your acceptance of such changes. Only an authorized representative of RECONNECT has the authority to propose, or to bind RECONNECT to, changes to these Terms.
Questions or any other communications regarding these Terms should be directed to RECONNECT’s Compliance Officer either by (i) sending an email to info@reconnect.io or (ii) writing to Reconnect, 91J Auburn St Suite 1228, Portland, ME USA, Attn: Compliance Officer.
