Recovery Checkup

Term of Use

Last updated: 10/12/15

 

This Terms of Use agreement is issued by Radiant Interactive Group, Inc. (hereafter “Radiant”) and those companies which have licensed Radiant’s RecoveryCheckup.com web platform (hereafter “Licensee(s)”) to conduct recovery support and monitoring, including alumni follow-up and recovery coaching, on behalf of its clients (“User(s)”)

 

This agreement governs the use of, and subscription to, the web platform, and to Licensees’ Recovery Support and Monitoring Program (“Service”) by Users. By using the Service you hereby agree to this Terms of Use agreement. This agreement is subject to modification at any time, and changes are effective upon posting, without notice. Your continued use of the Service constitutes your acceptance of, and agreement to, all changes and modifications hereto. You are urged to periodically check this document for modifications and updates.

 

NOTICE: If, during your subscription to the Service, you have thoughts of suicide, the Service is not the appropriate place to address this issue. Accordingly, we urge you to seek professional intervention immediately. Radiant and its Licensees recommend that you call 911 and request connection to a suicide prevention hotline in your area, or that you go directly to your local hospital emergency room. Please do not hesitate to take action. By taking immediate action now, you will be able to speak directly to a caring professional who will listen to your problems, and discuss various alternatives and treatments to help you through this crisis. You can also call one of the following numbers for help:

 

National Hope Line Network

 

1-800-Suicide OR 1-800-784-2433

 

If you cannot decide whether you are in a crisis situation, it is best to assume that you are.

 

Radiant and its Licensees care very deeply about your well-being, so please do not hesitate to call 911 or go to your local emergency room immediately.

 

PURPOSE OF THE SERVICE

 

The Service is intended to facilitate both alumni follow-up and recovery coaching for individuals with Substance Use Disorder (SUD).

 

Alumni Follow-up

 

Alumni follow-up consists of periodic screening surveys prompted over a 12 month period following discharge from treatment. These surveys are designed to let Licensee’s staff know how you are doing with your recovery. If your survey responses indicate that you are struggling, or that relapse may be imminent, or has occurred, a staff member will reach out to you to provide assistance, as needed.

 

Recovery Coaching

 

Recovery coaching entails matching you with an experienced recovery coach. You will interact with the coach telephonically or via secure video chat on a prescribed schedule. To optimize the likelihood for sustained recovery, it is recommended that you participate in recovery coaching for a continuous period of at least 12 months.

 

The recovery coach's role is to:

 

• help support you in recovery;
• assist you in formulating and adhering to a prescribed recovery plan;
• provide guidance, access to resources, and assistance in helping you achieve desired goals and outcomes;
• act as an arbiter between you and designated family members, when needed;
• alert designated family members when a relapse may be imminent or has occurred; and
• facilitate your re-enrollment into treatment in the event of relapse
• Recovery coaches are not clinicians, case managers, or sponsors, though they may occasionally work collaboratively with these individuals in your best interest.
• Recovery coaches must be in recovery themselves for a minimum continuous period of 2 years; and have received training and certification in recovery coaching.

Monitoring (included with Recovery Coaching only)

 

In addition to the support provided by the recovery coach, you may be required to undergo periodic, random alcohol/drug tests to demonstrate accountability toward continued recovery. In the spirit of transparency, the results of these tests are made available to all designated stakeholders and family members, as a means of verification and validation of continued sobriety, and as a mechanism for re-building trust.

 

Coaching Disclaimer

 

Coaching is not therapy nor treatment and should not be construed as such. Even though many of the coaches affiliated with the Service may be licensed in various states as therapists or counselors, the coaching services provided by them to you on the platform should not be considered an extension or application of therapy or treatment services, for which licensing would otherwise be required.

 

Coaching of the type provided on the platform differs substantially from traditional therapy or counseling. First and foremost, cyber coaching is conducted online or by phone, while therapy and marriage counseling are typically conducted in a face-to-face, in-office setting. Furthermore, whereas traditional therapy tends to focus on reconciling how past life-events and subconscious motivations may be impacting your behavior today, coaching is more focused on the "here and now", and relies upon creating a proactive plan, goal setting and goal achievement to alter self-defeating behavioral patterns and effect positive change in your life.

 

Note: The alumni follow-up and coaching services provided pursuant to the Service are in no way intended to be, nor should be construed as, addiction treatment, therapy, or clinical services of any kind whatsoever. If you require personal assistance from a licensed addiction counselor, marriage and family therapist, psychologist, or psychiatrist, a competent professional should be consulted.

 

PROGRAM FEATURES

 

Licensee’s Recovery Coaching Program includes the following:

 

• Personal recovery coach assigned to each client
• Full use of the Recovery Checkup web platform
• Client/patient account creation on the Recovery Checkup platform
• Designated stakeholder/family member account creation on the Recovery Checkup platform (see plan options below)

 

Creation of a Recovery Plan using the Recovery Checkup platform’s Recovery Plan template

 

Periodic outbound contacts by recovery coach to client

 

1. Contacts and communications are conducted via phone or via the platform’s secure video chat application
2. 6 automated Recovery Checkup surveys (prompted 30, 60, 90, 180, 270 & 360 days from enrollment)
3. Mandatory, random alcohol/drug tests
4. Predictive relapse alerts (via the platform’s survey response algorithms)
5. Designated stakeholder/family member access to all toxicology data/reports
6. Unlimited alerts follow-up by recovery coach
7. Unlimited inbound client contacts with recovery coach
8. Unlimited inbound stakeholder/family contacts with recovery coach
9. Unlimited client use of the platform’s behavioral health modules, Mind Spa and Change Agent applications
10. Resumption of support & monitoring services for relapse cases which occur prior to the end of the monthly term, prorated to the remainder of the term, when applicable
11. Technical support

 

PLAN OPTIONS AND COSTS

 

The cost for the Service is determined solely by Licensee, and not by Radiant. You are advised to consult directly with Licensee as to the cost of the Service.

 

DESIGNATED FAMILY MEMBERS/STAKEHOLDERS

 

All such designated individuals will accordingly be privy to the following information:

 

• Progress updates directly from your assigned coach
• Access to your random toxicology results/reports
• Access to your Recovery Plan, at your discretion
• Access to your survey and other screening data/responses, at your discretion

 

You understand that information regarding your alcohol and / or drug treatment is protected by federal law under the Drug Abuse Prevention, Treatment, and Rehabilitations Act and the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and their implementing regulations. See generally 42 C.F.R. Part 2; 45 C.F.R. Parts 160, 164. You understand that your health information specified above will be disclosed pursuant to this authorization, that the recipient of the information may re-disclose the information and it may no longer be protected by federal law under HIPAA. Federal law governing confidentiality of alcohol and drug abuse patient information, noted above, however, will continue to protect the confidentiality of information that identifies you as a patient in an alcohol or other drug program from re-disclosure. You understand that you may revoke this consent verbally or in writing at any time except to the extent that action has been taken in reliance on it, and that this consent will expire in one (1) year unless otherwise specified.

 

CHANGING COACHES

 

Users should consult directly with Licensee to request re-assignment to a new coach when desired or warranted.

 

NO GUARANTEES

 

Radiant makes no guarantees or representations, express or implied, that the Recovery Coaching Program will be successful in helping Users maintain sobriety, or in preventing relapse from occurring. Accordingly, User shall hold Radiant harmless from any and all claims in the event relapse occurs. Furthermore, in the event relapse occurs, User understands and agrees that it shall not be entitled to a refund from Radiant of any portion of the subscription fees paid by User to utilize the Service.

 

User shall be permitted at any time to pause its use of the Service for any reason, including relapse, upon written notice to Radiant. In the event Users elects to pause the Service, User may resume the Service at any time prorated to the end of the then current billing cycle, and beyond upon payment in advance of the next billing period.

 

ACCOUNT SET-UP/BILLING

 

User is advised to consult directly with Licensee regarding the billing and payment methods associated with the Service.

 

CANCELLATION

 

User is advised to consult directly with Licensee regarding its cancellation policy associated with the Service.

 

REACTIVATION OF ACCOUNT

 

User may reactivate a previously cancelled or locked account by logging into the Service and tendering a new credit or debit card. Such reactivated accounts shall be charged at Radiant’s then published subscription fee amount.

 

ACCESS TO SCREENING DATA

 

You will have access to all screening data and screening counts 24/7 via your Filing Cabinet page.

 

REFUND POLICY

 

No refunds shall be given by Radiant to Users for any reason, except attributable to Service outages as described in the Service Outages paragraph below. In particular, no refund of any portion of the monthly or annual fee paid during the 30 or 360 day cycle in which User cancels its account shall be refunded to User for the period between the date of cancellation and the end of the then current cycle.

 

HOSTING/MAINTENANCE/SUPPORT/SERVICE OUTAGES

 

Radiant shall host and maintain the Service and all User account information on its servers. Radiant shall respond immediately to any requests by User to fix any bugs affecting the Service. Under all circumstances, Radiant shall endeavor to have any and all technical difficulties affecting the Service corrected in as timely and efficient a manner as possible. Radiant shall notify User of periodic upgrades to the Service or planned outages attributable to scheduled maintenance.

 

Except for natural disasters, acts of war or terrorism, or planned outages for routine maintenance and upgrades, in the event the website Service experiences technical difficulties and is offline for a period in excess of 24 hours, Radiant hereby agrees to credit to User’s credit card in the month following such technical problem a sum equal to the per diem cost of the subscription fee for each day in excess of the initial 24 hours that such technical problem persists.

 

DISPOSITION OF SCREENING DATA

 

By subscribing to the Service, you hereby consent to have your screening results automatically forwarded to our response team. Our response team consists of a variety of addiction professionals and support staff employed by, or affiliated with, Radiant, as well as your own personal recovery coach.

 

In addition, if your screening responses indicate that you are “at risk” for relapse, you are hereby advised and consent to the following:

 

• A response team member or your personal recovery coach will attempt to contact you to provide support as needed.
• Contact may be initiated by phone, text message, and/or via email.

 

You are further advised that in order for the Service to prompt you to complete screening surveys on a “self-administered” basis, emails, text messages, and voice messages, as applicable, will be sent to you from thrive@RecoveryCheckup.com. These communications will contain links to the platform log-in page, and/or to the screening surveys themselves, along with reminders and instructions for completing the pending surveys. To ensure your privacy relative to these communications, you are hereby advised to avoid using public, or shared devices, shared email, cell phone, and voice mail accounts; to safeguard these accounts and account passwords at all times; and to not leave devices unattended when logged into the Service to avoid these communications and/or screening surveys being accessed by unintended third parties.

 

REPRESENTATIONS AND WARRANTIES

 

User represents, warrants and covenants that no materials of any kind submitted by User or use thereof, in accordance with the terms and conditions of this User Agreement, will:

 

• violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary right;
• contain libelous or otherwise unlawful material;
• constitute false or misleading indications of origin or statements of facts;
• constitute false or misleading indications of origin or statements of facts;
• cause injury of any kind to any person or entity; or
• violate any applicable laws, rules, regulations, or other governmental regulations.

 

User hereby indemnifies, defends and holds Radiant and all officers, directors, owners, agents, information providers, affiliates, licensors and Licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney's fees. User shall cooperate as fully as reasonably required in the defense of any claim. Radiant reserves the right, at User's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, including the selection of legal counsel.

 

Radiant neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Websites by User, information provider or any other person or entity. Radiant, AND ANY MATERIALS PROVIDED BY Radiant OR THIRD PARTIES, ARE PROVIDED "AS IS." Radiant MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. Radiant SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH THE USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY Radiant OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Radiant HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

 

User hereby acknowledges that use of the Websites is at the User's sole discretion.

 

COPYRIGHT

 

The content of the Website Service is intended for the personal, noncommercial use of its Users. All materials on the Websites (including, but not limited to, articles, action plans, news articles, photographs, images, illustrations, audio and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by the party credited as the provider of the content, software, or other materials. Users shall abide by all additional copyright or other notices, information, or restrictions appearing in conjunction with any Content accessed through the Websites.

 

The Website Service is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as set forth in Section 1 of this Terms of Use, Users may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the terms of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Service in whole or in part.

 

Users may download or copy the Content and other downloadable items displayed on the Websites for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Radiant or the copyright holder identified in the individual Content's proprietary notices including copyright notice.

 

User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

 

SOFTWARE

 

User shall have no rights to the proprietary software and related documentation enhancements, or modifications thereto, provided to the User to access the Website Service (Access Software). User may not sublicense, assign or transfer any licenses granted by Radiant, and any attempt at such sublicense, assignment, or transfer is void.

 

User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

 

TERMINATION

 

Radiant may, in its sole discretion, terminate or suspend User's access to all or any part of the Website Service for any reason, including, but not limited to, breach of the Terms of Use. Termination or suspension does not entitle the User to a refund of subscription monies paid. Termination or suspension will result in the forfeiture of all subscription monies paid.

Users of the Website Service acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts access to the Website Service or attempts to alter or improperly access any feature or function of the Website Service. A User's access may also be subject to termination if the User posts or transmits any illegal content, or harasses or threatens any Websites User or Radiant employee, posts content (including the creation of usernames) that is offensive or otherwise disruptive; creation of multiple accounts, or accounts with false and misleading information; posts unsolicited advertising; or improperly impersonates an employee or other individual.

 

PRIVACY POLICY

 

Our policy regarding your privacy is stated in Radiant's Privacy Policy, which is incorporated herein by reference and made a part hereof.

 

LIMITATION ON LIABILITY

 

Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Radiant be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website Service, even if Radiant has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Radiant's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Radiant or its licensees for the Service during the subscription term.

 

CONFIDENTIALITY

 

Radiant shall keep all information it obtains about you and your clients, if any, in strictest confidence, and will not share, divulge, or disclose this information to anyone, except to the appropriate authorities or agencies:

 

• If the information contains a clear indication that you or any of your clients are contemplating harm to yourself/themselves;
• If the information contains a clear indication that you or any of your clients are contemplating harm to someone else;
• If the information contains a clear indication that you or any of your clients are engaging in child abuse;
• If the information contains a clear indication that you or your clients are engaging in illegal activities; or
• By court order.

 

MEDIATION AND ARBITRATION OF DISPUTES

 

User hereby agrees that every dispute or difference between User and Radiant and its Licensees, or between User and other Website Service users, arising out of the use of the Website Service, content contained, or services provided therein, shall be settled first by a meeting of the Parties attempting to confer and resolve the dispute in a good faith manner. If the Parties cannot resolve their dispute after conferring, any party may require the other party to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both Parties. If the Parties cannot reach an agreement following mediation, the Parties agree to submit the matter to binding arbitration in Orange County, California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses, and reasonable attorney's fees and shall include a written record of the proceedings and a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in contract law. The Parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. In the event of any such dispute or difference, either party may give to the other notice requiring that the matter be settled by arbitration. An award of arbitration shall be final and binding on the Parties and may be confirmed in a court of competent jurisdiction.

 

INDEMNIFICATION

 

Radiant and User shall each indemnify the other, its shareholders, affiliates, directors, managers, employees, or other representatives against, and hold same harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with or resulting from (i) a default on the indemnifying party’s obligations or breach of a representation or warranty under this Agreement, or (ii) the wrongful, fraudulent, or negligent acts, errors, omissions, or malpractices on the part of the indemnifying party, its agents, or attorneys arising out of or connected with the scope and performance of this agreement and the services to be provided through the Website Service.

 

ADVISORIES

 

Users are hereby advised:

 

• To protect your log in password at all times;
• To NOT leave your computer, tablet, or smart phone unattended while logged into the Service;
• To immediately report any known or suspected hacking or unauthorized access to your account;
• To NOT leave printed copies of client screening data where it may be viewed by unauthorized third parties;
• To consider whether the Service and related screening tools is suitable for those under 18 years of age;
• That the Service may help to identify those clients at risk of suicide, and that immediate referral to a suicide prevention line, or local emergency room is urged.

 

MODIFICATIONS

 

Radiant reserves the right at all times to modify, add, or delete screening tools and modules without notice in its sole discretion. Such modifications shall not require Radiant to pay any refunds to User in the event User is dissatisfied with such modifications. In the event User is dissatisfied in any way with such changes, User’s remedy is to cancel his/her account.

 

USER ACCESS TO SCREENING DATA

 

Users and their clients will have access at all times, even after account cancellation, to log in and retrieve client screening data. This right does not include User or client accounts terminated due to violation of this Terms of Use agreement.

 

OPT-IN EMAIL

 

You hereby consent to and authorize Radiant to email to the email address you have provided, copies of its newsletter and such other promotional material as Radiant deems appropriate. The newsletter and all other such promotional materials will contain a "Remove Me" link to enable you to opt-out from further mailings at any time. Radiant will not share your email address with any other third parties, although Radiant reserves the right to send to you emails containing offers from third parties affiliated with Radiant.

 

RETENTION OF ACCOUNT INFORMATION/PROFILE

 

Radiant will retain your entire account information and member profile in its database in perpetuity at the discretion of Radiant, including, but not limited to, your username and password, name, billing address, and internal emails.

 

CORRESPONDENCE

 

Official correspondence must be sent via post mail to:

 

Radiant Interactve Group, Inc
30262 Crown Valley Parkway
Suite B-330
Laguna Niguel, CA 92677