Terms of Service
Date of Last Revision: July 17, 2020
These Terms of Service (the “Terms”) are effective immediately for users accessing or using the Service (as defined below) on or after July 21, 2020.
The Terms govern your access to and use of our products and services, including but not limited to the ratings and reviews of treatment facilities (the “Facility” or “Facilities”) submitted through this website and mobile applications (the “Service”). By accessing or using the Service, you are agreeing to these Terms and concluding a legally binding contract with: (i) Shatterproof, a Commonwealth of Massachusetts non-profit corporation with its headquarters in Norwalk, Connecticut, and (ii) any affiliates (collectively, the “Administrator”). Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
Parties. “You,” “your,” and “yourself” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to the Administrator.
Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, votes, information, and other data that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Administrator Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than the Administrator or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, Administrator Content, and Third Party Content.
Sites and Accounts. “Administrator Site” means the ratings and review website provided by the Administrator and directed to users in the United States of America (www.treatmentATLAS.org) and related domains and mobile applications, including those directed to users outside the United States of America. “Account” means the account you create to access or use the Administrator Site.
B. Code of Conduct
In connection with your use of the Service, you represent and warrant that you:
- are thirteen (13) or older;
- will abide by the letter and spirit of the terms and conditions of these Terms and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by the Administrator to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy rights, or racially or ethnically objectionable, or otherwise displays bigoted content;
- will submit thorough and thoughtful reviews of the Facilities you review;
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with the Administrator, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Administrator Site;
- will not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any information contained on the Administrator Site except as expressly authorized by the Administrator;
- will not use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by the Administrator;
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service, including avoiding conflicts of interest, such as submitting a review of a friend’s or relative’s business, or that of a competitor;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of the Administrator or the rights of other users of the Service;
- have sufficient rights in and to all Content that you provide, transmit or otherwise convey to the Administrator in connection with the Service;
- agree not to re-sell or assign your rights or obligations under these Terms;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an Account or use the Services if your Account previously has been terminated by the Administrator or if you previously have been banned from using the Services; and
- agree not to: (i) register for more than one Account or register for an Account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Administrator personnel or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
- Responsibility for Your Content. You alone are responsible for Your Content, and once posted to the Administrator Site, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Administrator.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- Intellectual Property Rights. As between you and the Administrator, the Administrator Site and all Intellectual Property Rights (defined below) therein are owned by the Administrator. You acknowledge that the Administrator selected, compiled, arranged and adjusted data and information regarding the Facilities and the ratings and reviews are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to the Administrator. You must not reproduce, republish, distribute, modify, reverse engineer or otherwise exploit the Administrator Site in whole or in part, in any manner not expressly permitted by these Terms and must not remove or modify any copyright or trademark notice, or other notice of ownership. As between you and the Administrator, the Administrator will retain exclusive ownership of the Administrator Site and the ideas embodied therein, and if you make any modification of the Administrator Site in violation of these Terms, you will, and hereby do, assign to Administrator all of your rights, title, and interests in and to such modifications and all Intellectual Property Rights therein. You acknowledge that the Administrator Site constitutes the proprietary trade secrets of the Administrator. You may not allow anyone other than yourself to access or use the Administrator Site and must not repost, retransmit or otherwise distribute the Administrator Site, in whole or in part, to any party, except as expressly permitted herein.
You understand and agree that, due to the nature of the Administrator Site’s Services, any unauthorized citation, reproduction, re-publication, or use of the Administrator Site is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by the Administrator, misappropriate the Administrator’s reputation, goodwill, business opportunities and revenues, or otherwise misappropriate the cachet of the Administrator’s Services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Administrator Site without the prior written permission of the Administrator and you hereby waive any right to assert any “nominative fair use” or “nominative use” defense in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish the Administrator Site without the prior written permission of the Administrator.
All rights not explicitly granted to you and licensees under these Terms will remain with the Administrator. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to Intellectual Property Rights of the Administrator, whether by estoppel, implication, or otherwise. Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an email to ATLAS@shatterproof.org to receive additional information.
“Intellectual Property Rights” means all intellectual property rights of any kind or nature however denominated throughout the world, including, without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, registered and unregistered service marks, domain names, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.
In partial consideration of the Administrator providing the Administrator Site, you agree that all Intellectual Property Rights and all ownership of any ideas, modifications, enhancements, improvements, inventions, works of authorship, or any other suggestions you or any of your personnel provides to the Administrator relating to the Administrator Site will be, and are hereby, assigned to the Administrator and shall be the sole and exclusive property of the Administrator.
- Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against the Administrator and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- Advertising. The Administrator may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- Data Generated from Content. The Administrator may grant a limited royalty free license to view, access, copy, or use analytical data generated by the Administrator from Content (“Content Data”) to treatment providers, health insurers, state agencies, or similar entities (“Professional Users”) who have been granted authorized password-protected accounts by the Administrator. To receive such a royalty free license, each Professional User agrees that they will not (and will not allow any third party to): (i) rent, lease, sell, assign or otherwise transfer rights in or to the Content Data; (ii) allow any third party to copy, modify, adapt, translate or otherwise create derivative works of the Content Data; or (iii) remove any proprietary notices or labels on or associated with the Content Data. This limited license may be revoked at any time and for any reason or no reason, as determined by the Administrator in its sole discretion. Each Professional User agrees that upon such time as the Administrator notifies that Professional User that their limited license to Content Data has been revoked, that Professional User will immediately cease using any Content Data and will destroy any copies of such Content Data presently in the Professional User’s possession or control.
- Other. User Content (including any that may have been created by users employed or contracted by the Administrator) does not necessarily reflect the opinion of the Administrator. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. Except as otherwise required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content.
D. Policy for Flagging Material
The Administrator reviews website submissions for compliance with the Terms of Service (“Submission Review”). Reviews are assessed using data quality thresholds, which are constructed with benchmarks of acceptability based on the Terms of Service. Applying this review methodology, the Administrator assigns each response into one of two categories:
- Category A: The submission conforms with the Terms of Service, including but not limited to the Code of Conduct and Content guidelines provided therein.
- Category B: The submission does not conform with the Terms of Service, including but not limited to the Code of Conduct and Content guidelines provided therein. For example, the submission may be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy rights, or racially or ethnically objectionable, or otherwise displays bigoted content. The Administrator has full discretion to remove the submission from the website.
In the event the Administrator is contacted with regard to a particular submission or the Administrator’s representatives are made aware of a potential error, the Administrator will take steps it deems reasonably necessary to review the content at issue.
E. No Recommendations or Medical Advice
F. Limitations and Disclaimers
- Not a Referral Service. The Administrator Site is not a referral service and does not recommend or endorse any particular Facility. Rather, the Administrator Site is only an intermediary that provides selected information about Facilities. We do not offer advice regarding the quality or suitability of any particular Facility for specific treatments or health conditions, and no information on the Administrator Site should be construed as health or medical advice. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Facility.
- Informational Purposes Only. You are solely responsible for any and all decisions or actions with respect to your treatment. Administrator Content, such as text, graphics, images, information, and other material contained on the website are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Neither the Administrator nor its subsidiaries or affiliates are responsible for the quality of the medical treatment that you receive from any Facility, whether or not you obtained information about such Facility on or through the Administrator Site.
- Other. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on the Administrator Site. By using the Administrator Site, you accept all responsibility for the exercise of your informed judgment in your use of or reliance upon the Administrator Site and the information contained therein. The Administrator does not recommend or endorse any specific treatment centers, hospitals, physicians, tests, products, procedures, opinions or other information that may be discussed or identified on the Administrator Site. The Administrator and its licensors, suppliers and affiliates, and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any specific treatment center, hospital or other healthcare provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
- Disclaimer of Warranties. While we endeavor to provide the most accurate, up to date information available, the ratings and reviews contained therein may contain technical or other inaccuracies or typographical errors, and may be changed or updated without notice. The Administrator will have no responsibility and will bear no liability whatsoever with regard to replacing, uploading, or correcting any rating or review once released. You acknowledge and agree that, since the ratings and reviews are based on information provided by third parties, it is reasonable that the ratings and reviews, and any Services provided under these Terms be, and they are, “as is,” “as available” and “with all faults.” The Administrator disclaims any and all warranties, express or implied, including any warranty of title, non-infringement, fitness for a particular purpose, merchantability, or arising out of any course of dealing.
- Limitation of Liability. To the full extent permitted by law, neither the Administrator nor its affiliates will be liable for any damages resulting from your use of, or reliance upon, the Administrator Site, any ratings or reviews, or any products or services obtained on or through the Administrator Site. In the event of any problem with the Administrator Site, any ratings or reviews, or any products or services obtained on or through the Administrator Site. Your sole remedy is to cease using such item(s). The Administrator is not liable for any indirect, punitive, special, incidental, consequential, or exemplary damages or any damages for loss of business, revenue, or profit arising out of or in connection with your use of the Administrator Site, even if the Administrator has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in contract, tort, warranty or any other legal theory.
- Third-Party Content. The Administrator Site and the Services are based upon Third Party Content and are provided to you and other users as a public service. The Administrator does not select Facilities, health care organizations or clinicians for users, nor does it endorse or recommend any Facilities, healthcare organizations or clinicians. The Administrator also does not evaluate the financial stability of Facilities, health care organizations or clinicians.