FAMILY COUNCIL RECOVERY ONLINE PROGRAM 
TERMS OF SERVICE
Last Updated September 19, 2019

IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING FAMILY COUNCIL RECOVERY’S PROPRIETARY INTERVENTION SERVICES INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH THE SERVICES. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:

- YOU HAVE READ THESE TERMS OF SERVICE,
- YOU UNDERSTAND THESE TERMS OF SERVICE, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service (“Terms of Service”) constitute a legal contract between Family Council Recovery (FCR) (“Provider”), and the Person or Persons who check and agree to these Terms of Service and pay for the Services contemplated herein (“Payor”). Provider and Payor may be referred to hereinafter individually as a “party” and collectively as the “parties.” By expressly accepting these Terms of Service or otherwise receiving any Services from Provider, Payor hereby agrees to be bound by these Terms of Service.

1. Intervention Services. In exchange for the consideration described below, Provider hereby agrees to provide general intervention services (the “Services”). Provider shall perform the Services in a good faith, competent, diligent and skillful manner, with a standard of care consistent with industry customs and expectations, and in compliance with all applicable federal, state and local laws, regulations and ordinances. The Services may be provided remotely via electronic communications and downloadable content.

The Services shall be comprised of the following:

FCR Online Program Services. Provider will facilitate the interface between the Person of Concern’s intervention network and larger support system (the “Intervention Network”), However, the Person of Concern and the Intervention Network must collaboratively work to do the following:
- Develop and collaborate with appropriate support systems including family and professionals
- Prevent premature dropout from treatment and or sober living agreement.
- Develop and implement a relapse prevention plan
- Coordinate appropriate aftercare and planning for the Person of Concern.
- Prepare for emergency meetings if relapse or other crises occur
- Further promote long-term, individual and family recovery

During this time, self-help meetings are encouraged, and monitoring and accountability ensured. As the family and individual recover, focus shifts towards establishing life management skills and relearning healthy ways of celebrating, playing, relaxing and grieving together, all towards the goal of long-term recovery and intergenerational family healing.

FCR Online Program Services. Includes a six-step webinar course with six one hour group conference calls or web conferencing services. The six steps consist of such topics as:
- How to gather support from family, friends and other support network members.
- How to communicate in healthy and effective ways.
- How to organize your first family council.
- How to select affordable and effective treatment options.
- How to maintain consistent family councils.
- How to create long term goals and plans to promote continuing care.

2. Consideration. As compensation for Provider’s Services to the Person of Concern, Payor shall pay to Provider the flat fee consideration agreed upon by the parties (the “Fees”). Payor hereby expressly acknowledges and understands that all Fees are non-refundable. Payor may elect to pay via credit card by purchasing through the Provider’s online merchant processor prior to getting access to the program(s).

3. Acknowledgment. Payor hereby acknowledges and agrees that Provider is not a licensed or credentialed doctor, psychologist, psychiatrist, therapist or other medical healthcare provider or mental healthcare provider. Payor further acknowledges and understands that Provider makes no guarantees or assurances of any benefits, results or outcomes arising from the Services. Provider does not provide “therapy” in that Provider does not diagnose, provide clinical treatment plans, address suicidal or life-threatening situations, fulfill court-ordered treatment courses, make specific therapeutic claims, or bill its services with any health insurances.

4. Confidentiality. Payor hereby acknowledges and agrees that, in providing the Services Provider may give Payor access to certain proprietary materials, information and content (collectively, the “Confidential Information”). Payor hereby covenants and agrees to maintain to the confidentiality of the Confidential Information and to not disclosure, sell, license, publish, lecture upon, or otherwise use for any purpose without Provider’s express written consent, any Confidential Information.

5. Limited Warranty. Provider represents and warrants that it will perform the Services in a diligent, professional and competent manner in accordance with industry standards. PROVIDER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY PROVIDED HEREIN.

6. Limitation of Liability. PROVIDER’S TOTAL POTENTIAL LIABILITY UNDER THESE TERMS OF SERVICE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID OR PAYABLE BY PAYOR TO PROVIDER IN CONSIDERATION FOR THE SERVICES.

7. Arbitration. The Parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms of Service, shall be settled by arbitration to be held in Utah in accordance with the rules then in effect of the American Arbitration Association. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

PAYOR AGREES, TO THE EXTENT PERMITTED BY LAW, TO SUBMIT ANY FUTURE CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF, TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF PAYOR’S RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE SERVICES OR THESE TERMS OF SERVICE.

8. Entire Agreement. These Terms of Service, together with any written instruments signed by the parties represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all prior or contemporaneous agreements whether written or oral. No waiver, alteration, amendment, or modification of any of the provisions of these Terms of Service will be binding unless it is in writing and is signed by duly authorized representatives of the parties hereto.

9. Governing Law; Fees. These Terms of Service will be governed by the laws of Utah, without regard to its conflict of laws principles. In the event of any action at law or equity to enforce or interpret these Terms of Service, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which such party may be entitled.
10. Modifications. These Terms of Service may be amended and updated from time to time by Provider, in its sole discretion. Modified versions of these Terms of Service will be considered effective as of the date provided by Provider to Payor either via email or through an an update to these Terms of Service posted on Provider’s website, as applicable. Payor’s continued use of the Services after such modifications are posted will signify Payor’s continued acceptance of, and agreement to be bound by these Terms of Service, as modified.
BY CHECKING THE BOX AND AGREEING TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
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