Date of Last Revision: June 30, 2021
The following terms and conditions (the “Agreement”) govern all uses of this website (“Website”). This Website is owned and operated by, ASG Behavioral Health Super Holdings, LLC (“Radicle Health,” “we,” “us,” or “our”) and is offered subject to your acceptance, without modification, of all of the terms and conditions contained in this Agreement. When you leave this Website, this Agreement no longer applies. Any subsequent website or service you access will have its own terms and conditions and privacy notice.
By accessing this Website, you signify that you agree to be bound by the Agreement and privacy notice which are located at the bottom of each Website page. If you do not agree to either the Agreement or the Website privacy notice, you must discontinue use of this Website.
Please read this Agreement and the Website privacy notice carefully before accessing or using the Website. By accessing or using any part of the Website you are bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access or use the Website.
Radicle Health reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Radicle Health may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services are subject to the terms and conditions of this Agreement.
You must be at least sixteen (16) years old to access or use this Website. If you are under 16 years of age you may not access or use the Website. If you are over 16 years of age but under the age of majority in your state, province, or country of residence, you must have your parent or legal guardian’s permission to do so. Radicle Health reserves the right to confirm your parent’s or legal guardian’s consent at any time and to discontinue your use of the Website if their consent is not granted or confirmed.
Each time you access or use the Website you represent and warrant that: (i) your participation in the Website does not violate any contracts, policies or other obligations you may be obligated to abide by for any associated organization you are a visitor of, (ii) you own the content posted by you or that you otherwise have the right to grant a license to the content in accordance with this Agreement, (iii) the content you post is not considered confidential information by any organization or individual, and (iv) posting your content does not violate any privacy rights, publicity rights, copyrights, contract rights or any other rights of any organization or individual.
You agree to grant to Radicle Health a non-exclusive, royalty free, worldwide, irrevocable, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas of the Website, and any non-confidential or non-proprietary information you share directly with Radicle Health. Further, you grant to Radicle Health the right to use your name and or username in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you have no recourse against Radicle Health for any alleged or actual infringement or misappropriation of any proprietary right in your communications with Radicle Health.
User submissions may not:
You agree to indemnify Radicle Health and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
You understand that Radicle Health reserves the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement. Radicle Health also reserves the right to deny access to the Website or any features of the Website to anyone, for any reasons, including as a result of persons who violate this agreement or who, in our sole judgment, interferes with the ability of others to enjoy the Website or infringes the rights of others.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY ASSOCIATED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THE WEBSITE OR ON ASSOCIATED THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Any content, links and resources on the Website are provided for general information only. It is not intended to amount to advice on which users should rely. Users must obtain legal, professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although Radicle Health makes reasonable efforts to update the information on the Website and confirm its accuracy, Radicle Health makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
Radicle Health is not liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on the Website under any circumstances, even if Radicle Health has been notified of the possibility of such damage. This disclaimer of liability applies to any damages or injury caused by 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, tortious behavior, negligence, or under any other cause of action.
The content of any submissions published on the Website represents the opinion of the author(s) of the respective submission(s). Where the Website contains articles, resources or links provided by third parties, these should not be interpreted as Radicle Health’s endorsement of any views expressed, or the content contained within such articles, resources or links. Radicle Health makes no representations or warranties regarding that information or those opinions not provided by Radicle Health. Radicle Health is not responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the Website.
Radicle Health may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on the Website including the terms and conditions in this Agreement and privacy notice governing your use of this Website, without liability.
Radicle Health hereby grants you a limited license to view on your computer, print, or download any content made available on the Website for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing, you may not make any commercial use of such content, either alone or in or with any product which you distribute or copy or host such content on your or any other person’s Website or FTP server. Nothing contained in this limited license is to be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of Radicle Health or any other party who owns or has proprietary rights to the content, information and materials provided on the Website.
All material on the Website is protected by copyrights which are owned and controlled by Radicle Health, or by other parties that have licensed their material to Radicle Health. Except as otherwise provided, material from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express permission from Radicle Health or the relevant copyright owner. You may create a copy of the posted content for personal use, but redistribution of those copies in any way requires the written permission of Radicle Health or the relevant copyright owner. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other Website, FTP server or network environment is prohibited.
Website visitors who believe that material located on or linked to by the Website violates their copyright, are encouraged to notify Radicle Health in accordance with the Digital Millennium Copyright Act (“DMCA”). Radicle Health will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In appropriate circumstances and at our sole discretion, we may disable and/or close the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In the case of such termination, Radicle Health will have no obligation to provide a refund of any amounts previously paid to Radicle Health.
Radicle Health appreciates and respects the privacy of its Website visitors. Certain information may be recorded by Radicle Health as a matter of course by Radicle Health’s servers in order to track the number of visitors to the Website and to help provide an enhanced online experience. The type of information tracked by our servers may include the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service provider. Email addresses and other personal information about visitors to the Website are known to Radicle Health only if and when voluntarily submitted by the visitor, for example through the registration process. All personal information is collected by Radicle Health and is not sold to third parties. Radicle Health sometimes uses email addresses and other personal information to communicate with Website visitors who have provided Radicle Health with their email addresses. Radicle Health’s privacy notice for both the Radicle Health Website and Radicle Health’s Website is located here https://radicle-health.com/privacy/.
There is currently no fee for access or use of the Radicle Health Website.
Radicle Health may cancel or terminate your right to access or use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in this Agreement will survive any cancellation or termination.
Notices. Any notice under this Agreement will be in writing and will be deemed to have been given when emailed to the address provided below, or one day after delivery to the address provided below as follows:
To:
Radicle Health
36 E 12th St Floor 5
New York, NY 10003
info@radicle-health.com
To: Website visitor (at the email address provided, if any)
Each Party may change its contact information above by giving notice to the other.
Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Affiliates, respective successors, directors, officers, employees, and agents are not considered third parties under this Agreement.
Waiver of Breach. Any waiver by either Party of a breach of any provision of this Agreement by the other Party must not operate or be construed as a waiver of any subsequent breach.
Severability. If any part of this Agreement is held to be invalid or unenforceable, that will not affect the validity or enforceability of any other part of this Agreement.
Assignment. Neither Party may assign this Agreement to any successor to its business without the prior written consent of the other Party. Upon pre-approved assignment, this Agreement will inure to the benefit of and be binding upon that successor.
Choice of Law. This Agreement is governed by the laws of the State of Delaware. The Superior Court of Delaware in New Castle County has exclusive jurisdiction over disputes arising under, in connection with, or incident to this Agreement.
Arbitration. Any dispute arising out of or relating to this Agreement will be resolved by arbitration administered by a mutually selected entity, or if the parties do not agree, by the Superior Court of Delaware. There will be one arbitrator, and the arbitration will be held in New Castle County, Delaware. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The arbitrator’s award will be binding and final. Judgment upon the award may be entered by any court having jurisdiction.
Entire Agreement. This Agreement contains the parties’ entire Agreement and understanding regarding the Website. It supersedes any other communication or Agreement between the parties about the Website.
For questions regarding this Agreement, please contact us at: info@radicle-health.com