Terms & conditions
We Do Not Provide Professional Medical Advice
The contents of the Site, including all data, information, text, graphics, images, sound or video materials, photographs and designs (collectively, “Content”), are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician, mental health professional or other qualified health provider with any questions or concerns you may have regarding a medical condition. You should not disregard professional medical advice, delay in seeking it or abandon a treatment regimen or program because of something you have read on the Site.
If you think you may need professional help or intervention, please call your doctor, sponsor or 911 immediately. The Fix does not recommend or endorse any specific tests, programs, physicians, facilities, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by The Fix, its employees, other contributors to the Site or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an “as is” basis.
Ownership of the Site and Protection of Our Intellectual Property Rights
The Site is the property of Clean & Sober Media, LLC. This Site is intended and provided for the personal, noncommercial use of our users who may use the site pursuant to these Terms and Conditions and the license granted herein. The Fix was launched in 2011 by Recovery Media, LLC. Clean & Sober Media, LLC, which was previously under common ownership with Cliffside Malibu and its affiliate organizations (collectively, “Cliffside”), providers of alcohol and substance use treatment services, acquired the Site on October 25, 2013 in a sale pursuant to Chapter 7 of the U.S. Bankruptcy Code. As of June 15, 2018, Clean and Sober Media, LLC is no longer under common ownership with Cliffside. All right, title and interest to the Content displayed on the Site, including but not limited to the Site’s look and feel, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Clean & Sober Media, LLC, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by Clean & Sober Media, LLC, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
Changes To these Terms and Conditions
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on the Site from time to time.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store, for personal use only, content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in The Fix Services or remove or obscure the copyright notice or other notices displayed on the Content, and provided further that you include the following copyright notice: “Copyright ©2011, Clean & Sober Media, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of The Fix or the copyright holder identified in the relevant copyright notice. You agree not to access The Fix Services by any means other than through the interface that is provided by The Fix for use in accessing The Fix Services.
Any special rules for the use of certain software and other items accessible on the The Fix Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The Fix or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Clean & Sober Media, LLC. All rights not expressly granted herein are reserved to The Fix and its licensors.
If you choose to forward content from the Site via email through a service we provide, you agree that you will only forward such content to willing recipients known to you and that you will not use The Fix Services for engaging in spam or other unauthorized conduct.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to The Fix through the Site (each, a “Submission”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission, you hereby grant The Fix and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of The Fix Services and the Site a non-exclusive license to access your Submission through the Site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by The Fix’s on the Site and/or in these Terms and Conditions.
By making a Submission, you waive the right to make any claim against The Fix or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You acknowledge that by providing you with the ability to view and distribute user-generated content through The Fix Services, The Fix is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. The Fix and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, members and shareholders do not undertake or assume any duty to monitor the Site for inappropriate content.
You agree that you will not upload or transmit any communications or content of any type to the Community or Member-to-Member areas (including comments, forums, user reviews of treatment programs and facilities, etc.) (each a “Public Area”) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. Without limiting the generality of the foregoing, if you submit any business information, idea, concept or invention to The Fix by email, you agree such submission is non-confidential for all purposes, and you further grant (or warrant that the owner of such content or intellectual property has expressly granted) The Fix a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Fix may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not email them to The Fix or submit them to the Public Areas or to The Fix by email.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize The Fix to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by these Terms and Conditions; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by these Terms and Conditions.
You agree not to use the Site to:
•Post any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
The Site may enable users to register to obtain certain of The Fix Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by The Fix registration form (the “Registration Information”) and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of The Fix Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or The Fix has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, The Fix has the right to suspend or terminate your access and refuse you any and all use of the Site.
Passwords and Security
Access to certain of The Fix Services may at some point require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify The Fix immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. The Fix cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites
A central part of The Fix Services includes links to other World Wide Web sites or resources. The Fix also may select certain sites as priority responses to search terms you enter and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Because The Fix has no control over such sites and resources, you acknowledge and agree that The Fix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Fix shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which The Fix has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Except as otherwise expressly agreed by Clean & Sober Media, LLC, your dealings with advertisers and third party vendors found on or through The Fix Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between the third party and you. The Fix does not endorse or make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that The Fix will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which The Fix has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To The Fix Services
The Fix reserves the right at any time and from time to time to modify, suspend, discontinue or terminate The Fix Services (or any part thereof) with or without notice for any reason. You agree that The Fix will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of The Fix Services.
Termination of Your Access to The Fix Services
You agree that Clean & Sober Media, LLC, in its sole discretion, may terminate your access to any of The Fix Services, and/or remove, discard or modify any Submission or content within The Fix Services, for any reason, including, without limitation, for lack of use or if The Fix believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. You agree that any termination of your access to The Fix Services may be effected without prior notice, and acknowledge and agree that The Fix may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or The Fix Services. If you use the Site in violation of these Terms and Conditions, The Fix may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that The Fix shall not be liable to you or any third party for the discontinuation or termination of your access to The Fix Services, or collection of information notwithstanding in the case of your violation of these Terms and Conditions, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING THE FIX SERVICES YOU UNDERSTAND AND AGREE THAT:
•NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. THE FIX AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
•YOUR USE OF THE FIX SERVICES IS AT YOUR SOLE RISK. THE FIX SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT THE FIX IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE FIX SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR THE FIX SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CLEAN & SOBER MEDIA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL THE FIX’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
Indemnification of Clean & Sober Media, LLC
You agree to defend, indemnify and hold Clean & Sober Media, LLC, its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) Submission or other content you submit or that is submitted from your account, (b) your use of or reliance on The Fix Services, (c) your connection to the Site, (d) your violation of these Terms and Conditions, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright and trademark notices posted here:
Copyright and Trademark Notices
All contents of this Website including but not limited to text, images, animation, videos, music, sounds, Web site design, graphics, text selections, arrangements, and all software are: Copyright (c) 2010 Clean & Sober Media, LLC. All rights reserved. The Fix and The Fix logos, product and service names, service marks and trademarks that appear throughout the Site belong to Clean & Sober Media, LLC, and are protected by U.S. and international trademark laws (the ” Marks”).
The Use of the Marks
You agree not to display or use the Marks in any manner without The Fix’s prior written permission.
Copyrights and Copyright Agent
Clean & Sober Media, LLC asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (the “DMCA”), The Fix has designated an agent to receive Notifications of Claimed Copyright Infringement on its site, who can be reached as follows:
By email at [email protected]
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide The Fix’s copyright agent the following as a Notification of Claimed Copyright Infringement (a “Notification”):
(a) Your address, telephone number, and email address;
(b) A specific description of the copyrighted work that you claim has been infringed;
(c) A specific description of where the material that you claim is infringing is located on the Site;
(d) The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”;
(e) The following statement: “The information in the notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
If a Notification has been filed with us against you, The Fix will advise you of that fact.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide The Fix’s copyright agent with the following information in writing pursuant to the DMCA (the “Counter Notification”):
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that the you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned notice requirements in writing, your notice may not be valid and that The Fix may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
You may want to seek independent legal counsel before filing a Notification or Counter-Notification.
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the legal relations thus created between The Fix and you (including, without limitation, any dispute between The Fix and you arising out of or related to these Terms and Conditions) shall be governed by and construed under and in accordance with the internal laws of the State of California without reference to its principles of conflicts of laws. Any such dispute will be heard and determined at The Fix’s discretion in the appropriate federal court located in the State of California in the County of Los Angeles or the appropriate California state court located in the County of Los Angeles, and you submit yourself and your property to the non-exclusive jurisdiction of the foregoing courts with respect to such disputes. You acknowledge that The Fix is headquartered in California and for that and other reasons these Terms and Conditions and the undertakings of the parties hereunder bear a reasonable relation to the State of California. You (i) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of inconvenient forum or otherwise as regards any dispute between The Fix and you arising out of or related to these Terms and Conditions, (ii) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the courts referred to above as regards any dispute between The Fix and you arising out of or related to these Terms and Conditions and (iii) agree that a judgment or order of any court referred to above in connection with any dispute between The Fix and you arising out of or related to these Terms and Conditions is conclusive and binding on you and may be enforced against you in the courts of any other jurisdiction
Severability of these Terms and Conditions
If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Terms and Conditions shall continue in full force and effect.
Limitation of Actions Brought Against The Fix
You agree that any claim or cause of action arising out of your use of the Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by The Fix to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision.