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Terms, Conditions, Client Bill of Rights

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TERMS AND CONDITIONS
 

Last updated March 10, 2024

AGREEMENT TO OUR LEGAL TERMS

 

Evergreen Fund Inc., doing business as Red Door Life and OverdoseLA ("Company," "we," "us," "our"), is a nonprofit 501c3 company registered in California, United States, at 14475 Mulholland Dr, Los Angeles, CA 90077.

We operate the website http://www.reddoor.life (the "Site") and any related products and services that refer to or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us at info@reddoor.life or by mail at 14475 Mulholland Dr, Los Angeles, CA 90077, United States.

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Evergreen Fund Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are, as a result, expressly incorporated herein by reference. In our sole discretion, we reserve the right to change or modify these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. You must review these Legal Terms to stay informed of updates periodically. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

 

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.  We recommend printing a copy of these Legal Terms for your records.


TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. SOCIAL MEDIA
11. THIRD-PARTY WEBSITES AND CONTENT
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. SMS MESSAGE FREQUENCY
27. PRICING & CHARGES
28. OPT-OUT PROCESS
29. CLIENT’S BILL OF RIGHTS
30. CONTACT US

 

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and worldwide.

The Content and Marks are provided in or through the Services "AS IS" for personal, non-commercial use only.

Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services, and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to info@reddoor.life. We grant you permission to post, reproduce, or publicly display any part of our Services or Content. In that case, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible when posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Your submissions and contributions


Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that contributions may be viewable by other service users and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media format and channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any illegal Contribution, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any moral rights to any such Submission and Contribution; warrant that any such Submission and Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and Contributions and that you have full authority to grant us the rights as mentioned earlier about your Submissions and Contributions; and warrant and represent that your Submissions and Contributions do not constitute confidential information.


You are solely responsible for your Submissions and Contributions, and you expressly agree to reimburse us for any losses that we may suffer because you breach (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may suspend or deactivate your account and report you to the authorities.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any existing or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register for the Services. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:
-  Visa
-  Mastercard
-  American Express
-  Discover
-  PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. Suppose your order is subject to recurring charges. In that case, you consent to our regular charging of your payment method without requiring your prior approval for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, payment method, and orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. POLICY

All sales are final, and no refund will be issued.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a Services user, you agree not to Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission. 


Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.


Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and the Content contained therein.


Disparage, tarnish, or otherwise harm us and the Services.
Use any information obtained from the Services to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.


Engage in automated system use, such as scripts to send comments or messages, data mining, robots, or similar data gathering and extraction tools.


Delete the copyright or other proprietary rights notice from any Content.


Attempt to impersonate another user or person or use the username of another user.


Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCM").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents who provide you with any portion of the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, you may not decipher, decompile, disassemble, or reverse engineer any software comprising or making up part of the Services.
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying or purchasing agent to purchase the Services.
Make any unauthorized use of the Services, including collecting usernames and email addresses of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.

8. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. They may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other service users and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.


You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate any third party's privacy or publicity rights.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or applicable law or regulation.
Any use of the Services in violation of the preceding violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant. You represent and warrant that you have the right to consent to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the preceding. The use and distribution may occur in any media format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your contributions in any area of the Services. You are solely responsible for your contributions to the services, and you expressly agree to exonerate us from any responsibility and refrain from any legal action against us regarding your contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either (1) providing your Third-Party Account login information through the Services, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Services. You can turn off the connection between your account on the Services and your Third-Party Accounts anytime. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer to identify and inform you of those contacts registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers obtained through such a Third-Party Account, except the username and profile picture associated with your account.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Including, linking to, or permitting the use or installation of any third-party websites or content does not imply our approval or endorsement. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate from the Services or any applications you use or install from the Services. Any purchases you make through third-party websites will be made through other websites and from other companies, and we take no responsibility whatsoever for such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall have us clear from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise turn off all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.reddoor.life/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy incorporated into these Legal Terms. Please be advised that the services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States. You expressly consent to have your data transferred to and processed in the United States.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason without notice at our sole discretion. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection in addition to that.

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed following the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. The AAA Consumer Rules shall govern your arbitration fees and share of arbitrator compensation and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, by submitting documents, by phone, or online. The arbitrator will decide in writing but does not need to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will occur in Los Angeles, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California. The Parties now consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found unlawful or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions
The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found unlawful or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

Information on the Services, including descriptions, pricing, availability, and other information, may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD BEFORE ANY CAUSE OF ACTION ARISING OR USD 100.00. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties outlined in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.

22. USER DATA

We will maintain specific data that you transmit to the Services to manage the performance of the Services, as well as data relating to your use of the Services. Although we perform routine data backups, you are solely responsible for all data you transmit or link to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you now waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services satisfy any legal requirement that such communication be in writing. YOU, AT THIS MOMENT, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You now waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

Suppose any complaint with us needs to be satisfactorily resolved. In that case, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or concerning the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms are used to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Suppose any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable. In that case, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us due to these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by having drafted them. You, at this moment, waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. SMS MESSAGE FREQUENCY

You may receive up to 72 monthly messages, including appointment reminders, healthcare tips, medication reminders, and important updates.

27. PRICING & CHARGES

While Evergreen Fund, Red Door Life, and Overdose LA do not charge for SMS service, message and data rates may apply. Check with your mobile service provider for details on specific fees.

28. OPT-OUT PROCESS

You may opt out of these communications at any time by following the procedure established by the text message. For example, replying “STOP” to any message you received. After this, you will no longer receive messages from that shortcode. If you want to join again, sign up as you did the first time, and we will send you messages again.


29. CLIENT’S BILL OF RIGHTS

As a client receiving services at Red Door Life, a licensed substance use disorder and mental health facility in California, you are entitled to certain rights and protections under California Senate Bill (SB) 349. These rights ensure high-quality care, respect, and dignity throughout your treatment journey. Red Door Life is committed to upholding these rights and providing a safe and supportive environment. The following is a summary of your rights as a client:

Informed Consent: Red Door Life’s team members are committed to providing clear and understandable information about your treatment plan, including the nature of the services offered, potential risks and benefits, alternatives to treatment, and your rights as a client. You can ask questions and make informed decisions about your care.

Qualified Providers: You have the right to receive services from healthcare professionals trained and experienced in providing substance use disorder and mental health treatment.

Confidentiality: State and federal privacy laws require your personal and medical information to be confidential. Red Door Life’s team members must obtain your consent before disclosing any information about your treatment, except as required by law.

Respect and Dignity: You have the right to be treated with dignity, respect, and compassion by all facility staff members. Your cultural, spiritual, and personal beliefs should be honored and respected.

Safety and Comfort: Red Door Life’s team members are committed to providing you with services in a safe, clean, and comfortable environment. We are also committed to providing physical and emotional safety, including appropriate supervision and security measures.

Access to Services: We provide access to relevant services based on your needs and preferences. Red Door Life’s team members are committed to delivering services without discrimination based on race, ethnicity, gender, sexual orientation, disability, or other protected characteristics.

Right to Refuse Treatment: You can refuse any treatment or service except as required by law or court order. Your decision to refuse treatment should be respected, and you should be provided with alternative options and support.

Continuity of Care: You have the right to continuity of care, which includes appropriate follow-up appointments, referrals to other providers or services as needed, and ongoing support throughout your recovery journey.

Cultural Competence: Red Door Life’s team members are committed to providing culturally competent care that respects and values your cultural background, identity, and diversity. Our organization strives to provide services sensitive to your cultural needs and preferences.

Complaints and Grievances: You can voice concerns, complaints, or grievances about your treatment or staff members' conduct without fear of retaliation. Please immediately provide in writing any issues directly to the CEO, Alex Shohet, at his personal email account alexs@reddoor.life.  He will do his best to address and resolve such concerns promptly and respectfully.

 

If Alex Shohet is unable to resolve your grievances to your satisfaction, you may report a complaint to the Department of Health Care Services at https://www.dhcs.ca.gov/individuals/Pages/Sud-Complaints.aspx and the Joint Commission at https://www.jointcommission.org/resources/patient-safety-topics/report-a-patient-safety-concern-or-complaint/.

 

30. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please get in touch with us at

Evergreen Fund Inc.
DBA “Red Door Life”
14475 Mulholland Dr.
Los Angeles, CA 90077
United States
info@reddoor.life
P. 424.242.2760
F. 323.870.8200

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