Terms of Use

Revised: May 24, 2018

The Addiction Resource Hub website from Facing Addiction with NCADD uses Capacitype mapping and data services (“Capacitype services”), an initiative of Transforming Youth Recovery, a non-profit corporation, for the management of website features and services. 

By submitting your information to us, you will receive an invitation to create a Capacitype account and agree to receive communication from organizations using Capacitype services. There are no fees associated with creating a Capacitype account.

Any reference to "we," "us," "our website," “this site,” or “Capacitype” are references to http://resources.facingaddiction.org and all other web properties using Capacitype services now and in the future.  Capacitype™ services are provided to facilitate access by institutions, organizations, communities, and individuals to a variety of prevention, early intervention, treatment, and recovery support resources, services, and tools. The content in this site is provided by Capacitype services, authenticated users, and select content providers.

These Terms of Use set out the legal terms by which Transforming Youth Recovery makes its Capacitype services available. All features offered on sites using Capacitype services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Terms of Use. Your use of this site constitutes your acceptance of and agreement to comply with these Terms of Use, in their entirety, including any guidelines, rules, or policies that are posted to the site and hereby incorporated into these Terms of Use by Transforming Youth Recovery. If you do not agree to these Terms of Use, do not access or use this site or provide any personal information through this site. From time to time, we may in our discretion and without further notice to you change these Terms of Use. If we make a material change, we will post a notice on this site. You can review the most current version of the Terms of Use at any time by visiting this page. Your use of Capacitype after the date of any revision constitutes your acceptance of and agreement to comply with the revised Terms of Use. 

If any change to the Terms of Use is not acceptable to you, your sole remedy is to stop using the site and cancel your account, if you have one. We reserve the right to terminate your access to the site without notice if you fail to comply with these Terms.  

General use of Capacitype services

As part of the registration process, you will provide an account user name (in the form of a current email address) and select a unique password for your account. You are responsible for maintaining the confidentiality of your login, password, and account information and for all activities that occur under your login or account.

In order to ensure that uses of Capacitype services comply with applicable federal, state, and/or international privacy laws, including but not limited to, the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq, administrators for this site may access your account and obtain related information in connection with the use of services. If you are a school or teacher in the United States and want your students, who are over 13 years of age, to use Capacitype services, including in conjunction with the establishment of a user account for the school or a group of students at the school, you are responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”). It is your responsibility to provide any notifications and obtain such consents as may be required by FERPA. When obtaining such consent, you should provide parents/guardians with a copy of our Privacy Policy. If you are located outside of the United States, it is your responsibility to provide any notifications and to obtain such consents as may be required by international laws and regulations governing student information. You must keep all consents on file and provide them to us upon request.

General standards

Please be respectful of each other. We are not responsible for the acts of users on this site but reserve the right to enforce standards of conduct at its sole discretion. Content, messages, or information may include material that some persons may find offensive, indecent, or objectionable. We are not responsible for any content, messages, or information, and does not guarantee the accuracy, veracity, integrity, or quality of information submitted for publication or otherwise made available on this site. We are not responsible for your reliance upon any content, messages, or information obtained on or through this site. We expressly disclaim any liability with regard to published resources and services and any actions resulting from your participation in or use of Capacitype services or a resource appearing on this site.   

We do not guarantee the identity of any person on this site. Do not assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Always use caution when giving out any personal information.

Nothing submitted for publication on or transmitted through this site shall be considered confidential. It is your responsibility to protect your personal information, including any health or financial information. If you do not want your personal information to be published, you should not disclose it on this site. You may not disclose the personal information, including any health or financial information, of third parties without their knowledge and consent.  

Your data rights and responsibilities

Your “Data” means any information, content or resources you submit for publication to Capacitype services, that you post, transmit or otherwise make available in this site, and any messages you send, comments you make, profile information and anything else you enter or upload into this site. Data may be fixed in any medium or format, whether now known or hereinafter to be discovered or developed. Your acceptance of these Terms of Use gives us and our third party service providers (such as the providers of our map and searching functionality, analytics services, and the hosting services we use) permission to take action with respect to your Data so that Capacitype services may operate and function as expected. For example, we need to be able to transmit, store, copy and potentially modify your Data to display it for you and the general public, to index it so you are able to search it, and to make backups to prevent data loss. If any user of the site sends us Feedback regarding your Data, or if we wish to modify your Data, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use any such Feedback or our own modifications to make changes to your Data and for any other purpose without any obligation to you, including any obligation to provide you with monetary compensation. We are not required to publish your Data on the site or to use your Data in any way.

You are solely responsible for your conduct while using this site, the content of your Data, and all communications with others while using Capacitype services. This site provides features that allow you to share and modify your Data and make it Public Content. Data is deemed “Public Content” upon publication.  It is your responsibility to determine what information you allow to be shared or made public.

We are not responsible for and have no obligation to monitor any information on this site.  You release us from any and all liability arising from any and all use or submission of, or access to, Public Content. We may, in our discretion, review Public Content for compliance with our policies and guidelines, and we reserve the right to remove, modify, or disable any Public Content, which may include your Data, at any time and for any reason. We are not responsible for the accuracy, appropriateness, or legality of your Data or any other information you may be able to access using Capacitype services. 

We may access, preserve and disclose your account information and your Data if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any of your Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the our rights, property or personal safety, and those of users of Capacitype services and the public. 

Submissions of data for public content  

Data submitted for publication is reviewed and, if it complies with these Terms of Use and such other standards or guidelines, is published by Capacitype Administrators. Your use of this site constitutes your representation, warranty, and confirmation that you have permission or the right to submit and make publicly accessible the Data you submit to Capacitype services, including your representations and warranties that:

  1. To the best of your knowledge and belief, your actions on this site, including the submission of any Data, do not infringe or violate the rights of any third party, including but not limited to, rights in copyrights, patents, trademarks, service marks, trade secrets, privacy, personality, or other proprietary rights.
  2. If you are the author of Data that you submit to Capacitype services, that your rights to such Data have not been assigned or vested in any third party by contract, operation of law, or otherwise, and you have the right to grant the rights and licenses contained herein. 
  3. If you are not the author of Data that you submit, you have secured all necessary rights and licenses from the owner(s) to make the submission and grant the rights and licenses contained herein.
  4. You have not included, and to the best of your knowledge and belief after reasonable inquiry, your Data does not contain, any viruses, Trojan horse, worm, spyware, adware, or other harmful or malicious code.
  5. You will give notice of prior publication and provide the consent of all copyright and other rights holders to the Data you submit that is to be made Public Content.

We may publish your name, email and/or user name in connection with your Data, and you grant us the rights necessary to do so, including any rights of publicity. If you ask, invite, or require end users to contact you for any reason in connection with your resource or service, we may publish your contact information.  

Nothing in these Terms of Use restricts or limits your pre-existing rights to use, publish, modify, perform or distribute your resources, services, or information, or any resources, services, or information that are already available in the public domain (e.g. accessible by Google search).

You grant us, our affiliated companies, and partners a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully assignable, and transferable right and license, to duplicate, edit, reproduce, modify, adapt, translate, reformat your Data, to publish, perform, and display your Data anywhere on this site, to take such actions as reasonably needed to manage and update this site, to make and maintain back-up and archival copies, and to make your Data available to users in accordance with the Terms of Use. The Data and the rights and licenses you grant are provided without cost to us and users of Capacitype services. You acknowledge and accept that you receive benefit sufficient to constitute any necessary good and valuable consideration for the rights and licenses granted herein.
 

Submissions of ideas and suggestions

To avoid confusion or misunderstandings, we do not accept or consider unsolicited or new ideas and suggestions as to improvements to the website, marketing, advertising, promotions, new feature and service offerings, feature and service names and marks, collectively referred to as “Submissions of Ideas.” You should not send any original creative artwork, samples, demos, or other works to us for any such purposes.  

The term “Suggestion” refers to feedback on any content appearing within this site and is revised by a site administrator for appropriate action. You may provide a Suggestion to us in relation to the operation of the site. Such Suggestion will not be considered your proprietary information and we receive them without any obligation of confidence whatsoever. You grant us, our affiliated companies, and sub-licensees a worldwide, non-terminable, royalty-free, fully assignable and transferable right and license in perpetuity to use and apply your Suggestion for any purpose we consider appropriate in our sole discretion. We have no obligation to use or compensate you for your Suggestion. By providing any Suggestion, you confirm that you own or otherwise control all of the rights to your Suggestion including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit, or for us to use your Suggestion. If you identify problems with the usability, operability, or interoperability of Capacitype, you may deliver or suggest amendments or bug fixes for our consideration via email at support@capacitype.com. We shall have the absolute right, in our sole discretion, to incorporate all such amendments or "bug fixes" into features and services we provide for all purposes, without any payment or other compensation to you. All right, title, and interest to any submitted amendments or "bug fixes," whether accepted or not, shall transfer to us at no cost to us, as a royalty free right granted in perpetuity.  

Communication services

Capacitype services may include e-mail services, forums, comments, groups, profile pages, and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You will use such Communication Services only to post, send, and receive appropriate messages and material.  By way of example, and not as a limitation, you will not:

  1. Use Communication Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
  2. Upload, post, email, otherwise transmit, or post links in your Data with respect to any raffle, contest, or game requiring a fee by participants;
  3. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  4. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information;
  5. Upload, post, email, otherwise transmit, or post links that exploit or harm minors in any way, or make any sexual request of or on behalf of a minor;
  6. Use, download, or otherwise copy, or make available (whether or not for a fee) to a person or entity, any directory of Capacitype users or other user or usage information;
  7. Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file(s) that contain(s) text, images, photographs, software, or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as limitation, copyright or trademark or service mark or patent laws, or by rights of privacy or publicity, unless you own or control the rights thereto or have received all necessary consent to do the same;
  8. Modify, publish, transmit, settle, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Capacitype resource database other than for the limited purposes for which material is licensed for your use;
  9. Use or exploit any part of this site or any software deployed in connection with this site as, or as the content of, a service offered or supplied to other persons or entities without our prior, written consent.  For example, you will not create a site or maintain a site that links to Capacitype services for the purpose of using, indexing, reformatting, or searching and retrieving material from the Capacitype resource database for the benefit of users of your site, without our knowledge and express consent;
  10. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the site's delivery and operation;
  11. Upload, post, email, otherwise transmit, or post links to any content that facilitates hacking or that promotes or facilitates any illegal activity;
  12. Upload files that contain viruses, worms, trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another's computer or the property of another or are intended to interrupt, destroy, or limit the functionality of Capacitype services;
  13. Use automated means, including spiders, robots, crawlers, agents, or the like to download data from the Capacitype resource database, or from this site (for example, site or page scraping is prohibited);
  14. Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter Capacitype services and operations;
  15. Advertise or offer to sell or buy any goods or services for any business purpose unless administrators specifically allows such messages;
  16. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;
  17. Restrict or inhibit any other user from using and enjoying Capacitype services;
  18. Violate any code of conduct or guideline which may be applicable to any specific service;
  19. Harvest or otherwise collect or store information about others;
  20. Violate any applicable laws or regulations;
  21. Create a false identity for the purpose of misleading others, or impersonate any person, including an employee, contractor, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  22. Employ misleading email addresses or falsify information in any part of any communication, including emails, transmitted through Capacitype services; or 
  23. Upload, post, email, otherwise transmit, or post links to any material or act in any manner which is offensive to the community of users or may violate these Terms of Use.

We reserve the right to do any or all of the following, in our sole discretion and in accordance with applicable law:

  1. Monitor and record any communication submitted to Capacitype services.
  2. Investigate an allegation that a communication does not conform to these Terms of Use or our policies and determine in our sole discretion to remove or request the removal of the communication.
  3. Delete, move, or edit communications that are determined, in our sole discretion, to be abusive, defamatory, obscene, in violation of copyright, patent, or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
  4. Terminate a user's access to any or all of this site’s features or Capacitype services upon any breach of our policies and/or these Terms of Use.
  5. Edit or delete any communication posted on this site for any reason.

Privacy

We greatly value your privacy. Your use of this site is subject to our Privacy Policy. We do not control and are not responsible for any linked third-party site, including the content of such sites, indexes, or directories, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site and do not make any representations regarding their content, accuracy, or non-infringement. Your use of third-party sites is at your own risk, subject to the terms and policies for such sites.

Disclaimer of warranties

Capacitype services and this site may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control. We will use reasonable efforts to, but are not obligated to, provide advance notice of any material scheduled service disruption. We will take steps to ensure that information provided to our third party partners through this site is transmitted using reasonable security measures, including encryption as required by law. If you choose to use encrypted gateways to connect to the site, be aware that your Data may be transmitted or handled in an unencrypted manner. Accordingly, you are solely responsible for ensuring the adequate security, protection, and backup of your Data. We are not liable and disclaim any responsibility for any unauthorized access to, or use, corruption, deletion, destruction or loss of any of your Data.

CAPACITYPE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE SHALL NOT BE LIABLE IN ANY WAY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU RELYING UPON THE INFORMATION. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE RESOURCES OR SERVICES.  NO INFORMATION, ADVICE, OR SERVICES OBTAINED BY YOU FROM OR THROUGH CAPACITYPE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ARE SOLELY RESPONSIBLE FOR THE HARDWARE, SOFTWARE, OR OTHER TECHNOLOGY YOU USE TO ACCESS THIS SITE, AND FOR THE COST OF ANY NECESSARY HARDWARE OR SOFTWARE SERVICING OR REPAIR AND CORRECTION OF ANY SERVICE DIFFICULTIES.  

Limitation of liability

YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS TRANSFORMING YOUTH RECOVERY, OUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, AND ASSIGNS (“LIMITED PARTIES”) FROM ANY AND ALL LIABILITIES, COSTS, DAMAGES, OR LOSSES WE AND THEY MAY INCUR (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) ARISING FROM ANY CLAIM BASED UPON YOUR USE, MISUSE, RELIANCE UPON, OR INABILITY TO USE INFORMATION FOUND ON SITES USING CAPACITYPE SERVICES, YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF USE, FROM OUR USE, MISUSE, OR NON-USE OF ANY INFORMATION SUBMITTED, AND FROM ANY BUGS, VIRUSES OR OTHER MALICIOUS CODE, ERRORS IN, INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY SERVICES. YOU SHALL COOPERATE FULLY AS REASONABLY REQUIRED IN DEFENSE OF ANY SUCH CLAIM. IN NO EVENT SHALL THE LIMITED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE, LOSS OF DATA (AS DEFINED HEREIN), INFORMATION OF ANY KIND, OR LOSS OF PROFITS, OR OTHERWISE, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF RESOURCES MADE AVAILABLE ON SITES USING CAPACITYPE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM RESOURCES. ABSENT GROSS NEGLIGENCE OR GROSS MISCONDUCT BY CAPACITYPE ADMINISTRATORS, IN NO EVENT SHALL WE OR THE OTHER LIMITED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL THEORY.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages and some of the above limitations may not apply to you. In these jurisdictions, our liability will be limited to the greatest extent permitted by law. 

Survivability and validity

We have entered into these Terms of Use, and have and will make our site available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the bargain between you and us. The limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use. Your obligations to us contained in these Terms of Use and in all applicable agreements between yourself and sites using Capacitype services shall survive termination.

Notice and procedure for making claims of copyright or infringement

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Governing law, choice of forum and agreement to arbitrate

This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Nevada, without regard to principles of conflicts of law. Unless a dispute would be governed by an applicable arbitration clause, any action regarding the same or the use of this site and the services we provide shall be initiated and maintained in a forum of competent jurisdiction in Reno, Washoe County, Nevada, United States of America, and you submit to the personal and exclusive jurisdiction of such courts. 

Questions

Any questions about these Terms of Use may be directed to:

Capacitype, Transforming Youth Recovery
c/o The Stacie Mathewson Foundation
P.O. Box 5011
Reno, NV 89513

TEL: (775) 360-5672

EMAIL: support@capacitype.com