Terms of Use

LAST MODIFIED 10-31-2007

Welcome to TheSecondRoad.org (TheSecondRoad.org website and the services it offers are defined collectively as "TSR"). TSR is designed for people recovering from addictions to communicate with similarly situated individuals with whom they wish to share their stories, build a community and support each other in their respective paths toward recovery. TSR provides its services to you subject to the conditions set forth in this document. By visiting TSR and/or registering to become a Member of the TSR community, you accept and become bound by these Terms of Use. Please read them carefully, and also read the TSR Code of Conduct, which is incorporated into these Terms of Use and is binding upon TSR visitors and members, and the TSR Privacy Policy, which governs TSR's collection, use, disclosure and storage of Member and visitor information.

ELIGIBILITY

TSR is intended solely for individuals who are 13 years of age or older. Any registration by, use of or access to TSR by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using TSR, you warrant and represent that you are 13 years of age or older and that you agree to and agree to abide by the terms and conditions of this Terms of Use document. If you are between the ages of 13 and 18, we urge you to obtain the consent of your parent or guardian prior to registering to become a Member of TSR or posting any personal information on or within TSR.

REGISTRATION

In consideration of your use of TSR, you agree to (a) provide accurate, current and complete information about you that is requested by the TSR registration forms ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and update the Registration Data to keep it accurate and complete; and (d) be fully responsible for all use of your account.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of TSR or its members, licensors or content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TSR and protected by U.S. and international copyright laws. All software used on this site is the property of TSR or its software suppliers and protected by United States and international copyright laws. Except as expressly provided in the License and Site Access section below, no content on TSR may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means without TSR's written permission, except that the foregoing restriction does not apply to your own Member Content (as defined below) that you legally post on TSR. If you are eligible to use TSR, you are granted a limited license to access and use TSR and the TSR content as set forth in the License and Site Access section below.

TRADEMARKS
The Second Road and the The Second Road logo and other marks indicated on our site are trademarks of The Second Road, Inc. or its affiliates. Other TSR graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Second Road, Inc. or its affiliates. TSR's trademarks and trade dress may not be used in connection with any product or service that is not TSR's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits TSR. All other trademarks not owned by TSR or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TSR or its affiliates.

LICENSE AND SITE ACCESS

TSR grants you a limited license to access and make personal use of TSR. This license does not include any rights to resell or make commercial use of TSR or its contents; to collect or use postings for any purposes other than those expressly permitted by TSR; to make any derivative commercial use of this site or its contents; or to use any data mining, robots, or similar data gathering and extraction tools. Neither TSR nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TSR. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TSR without express written consent. You may not use any meta tags or any other "hidden text" utilizing TSR's name or trademarks without the express written consent of TSR. Any unauthorized use terminates the permission or license granted by TSR. You may use any of the content that you create and post on TSR on your own blog or website so long as it does not portray TSR, its sponsors or any TSR services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TSR logo or other proprietary graphic or trademark as part of any link to TSR without express written permission.

Further, you agree not to circumvent, disable or otherwise interfere with security-related features of TSR, including without limitation, any features that limit access to or enforce privacy settings applicable to Member profiles, Member communications or other areas within TSR.

Use of TSR in violation of this license may result in immediate termination of your account and/or the pursuit by TSR of any other applicable legal or equitable remedies.

MEMBER CONTENT POSTED ON TSR

Members of TSR are encouraged to post text, graphics, photographs, videos or other content ("Member Content") to their Member Pages and to other appropriate areas of TSR, such as the "Rest Stop" open chat room. However, Members and visitors are prohibited from posting any content to TSR or communicating any content through any channels within TSR that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. Further Members and visitors may not post or communicate content that consists of or contains software viruses, political campaigning, commercial solicitations, chain letters, mass mailings, or any form of unsolicited e-mail ("spam"). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. You may not engage in bullying, harassment, stalking or predation of other members of TSR or any other third parties via TSR. You may not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of TSR is objectionable or which inhibits any other person from using TSR or which may expose TSR or any Members or visitors to harm or liability of any type. TSR reserves the right (but does not have any obligation) to remove or edit such content (see also Code of Conduct). You are solely responsible for the photos, profiles, messages, notes, or other information and content that you post on or through TSR.

When you post Member Content to the Site, you authorize and direct us to make such copies of the Member Content as we deem necessary in order to facilitate the posting and storage of the Member Content on TSR. By posting Member Content on TSR, you automatically grant, and you represent and warrant that you have the right to grant, to TSR an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose on or in connection with TSR or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You may remove your Member Content from the Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire, however you acknowledge that TSR may retain archived copies of your Member Content and that TSR is not obligated to remove content posted by third parties (e.g., in blogs) that reference your Member Content (see also, TSR's Privacy Policy).TSR has the right but not the obligation to monitor and edit or remove any activity or content without notice and in its sole discretion including, without limitation, if TSR determines that such content or activity violates these Terms of Use or the TSR Code of Conduct or otherwise is offensive, illegal or might violate the rights, harm or threaten the safety or well being of members or other third parties. You are solely responsible for backing up or creating copies of any content you post. TSR takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Complaints that any material posted on TSR infringes a third party copyright generally are governed by the Digital Millenium Copyright Act ("DMCA") which specifies certain procedures that must be followed by the complaining party, TSR and the Member or visitor who posted the content at issue. These procedures are detailed below and must be followed by any party seeking to have allegedly infringing content removed (or contesting such removal) from TSR. Please note that all statements and representations made in the notice and counter-notice below are made under oath and that any false statements or material misrepresentations may subject the party making such statements to liability, including prosecution for perjury.

A. Notice and Take-down Request. If you are a copyright owner and believe that any Member Content or other content on TSR infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further detail):

A physical or electronic signature of the owner of the copyright or a person authorized to act on the owner's behalf;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on TSR are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit TSR to locate the material (for instance, by supplying the URL of the page within TSR where the material that is the subject of the notice is located);

Information sufficient to permit TSR to contact you, such as a name, address, telephone number, and, if available, an e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose work or works are being infringed.

TSR's designated Copyright Agent to receive notifications of claimed infringement may be reached at the following e-mail and physical address:

You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice may not be valid. Please note that if you submit a false claim or materially misrepresent that content on TSR is infringing, you may be liable for damages, including court costs and attorneys fees.

Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

B. Counter-Notice. If you believe that your Member Content or other content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content at issue, you may send a counter-notice containing the following information to TSR's Copyright Agent at the physical and/or e-mail address set forth in Section A above:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location within TSR at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, TSR may send a copy of the counter-notice to the original complaining party informing that person that TSR may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TSR's sole discretion.

DISCLAIMERS, DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

TSR is not responsible or liable in any manner for any Member Content or any third party applications, software or content posted on or communicated within TSR (including, without limitation, content posted by professionals or "experts"). Although we provide rules for user conduct and postings, we do not control and are not responsible for what Members or visitors post, transmit or share on TSR and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on TSR or in connection with any Member Content or third party applications, software or content.

TSR may be temporarily unavailable from time to time for maintenance or other reasons. TSR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. TSR is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at TSR or combination thereof, including injury or damage to Member's or to any other person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with TSR. Under no circumstances will the TSR be responsible for any loss or damage, including any loss or damage to any Member Content or personal injury or death, resulting from anyone's use of TSR or any content posted on or through the TSR or transmitted to Members, or any interactions between members or visitors to TSR, whether online or offline.

THIS SITE IS PROVIDED BY TSR ON AN "AS IS" AND "AS AVAILABLE" BASIS. TSR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TSR OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON TSR. YOU EXPRESSLY AGREE THAT YOUR USE OF TSR IS AT YOUR SOLE RISK. TSR RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM TSR AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TSR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSR DOES NOT WARRANT THAT TSR, ITS SERVERS, OR E-MAIL SENT FROM TSR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TSR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF TSR, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF TSR OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM TSR, EVEN IF TSR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TSR'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TSR reserves the right to change any and all content, software and other items used or contained in TSR at any time and without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by TSR.

APPLICABLE LAW

By visiting TSR, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TSR or its affiliates.

DISPUTES

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR TSR (INCLUDING YOUR VISIT TO OR USE OF TSR) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent you have in any manner infringed upon or violated or threatened to infringe upon or violate TSR's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be Charlottesville, Virginia (unless otherwise provided by the AAA Consumer Rules) and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, TSR will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF OR VISITOR TO TSR, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to TSR (including your visit to or use of TSR) be instituted more than three (3) years after the cause of action arose.

You are solely responsible for your interactions with other TSR members and/or visitors. TSR reserves the right but has no obligation to monitor disputes between you and other members or visitors.

TERMINATION

TSR may terminate your membership, delete your profile, Member pages and any content or information that you have posted on TSR and/or prohibit you from using or accessing TSR or any portion thereof for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. When TSR is notified that a Member has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

INDEMNITY

You agree to indemnify and hold TSR, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member Content, any third party applications, software or content that you post or share on or through TSR, your use of TSR, your conduct in connection with TSR or with other users of TSR, or any violation of this Agreement or of any law or the rights of any third party.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies (including, without limitation, our Code of Conduct and Privacy Policy. These policies also govern your visit to and use of TSR. We reserve the right to make changes to our TSR, our policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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