Terms Of Use
1. Introduction
Understanding and Accepting Our Terms:
Please read and understand the following terms and conditions before accessing or using any aspect of the Ark Behavioral Health websites, including https://www.recoveryohio.org/, and related websites and platforms (the “Websites”), which Websites are owned and maintained by Ark National Holdings LLC, its affiliates and/or subsidiaries (sometimes, “ARK” or the “Company”). By accessing or using our websites, or by clicking to accept or agree to these terms when prompted, you acknowledge that you have read, understood, and agree to be bound by these terms (the “Terms”) and the Ohio Recovery Center Privacy Policy.
It is important to note that these Terms do not apply to the treatment services or other offerings provided by ARK treatment centers. For further details on this matter, please review the “The Website Does Not Provide Specific Medical or Treatment Advice” section below (Section 3).
Binding Arbitration Agreement:
Under these Terms, any disputes between you and ARK will be resolved through binding arbitration, meaning you give up your right to take legal action in court (except for small claims court matters). Your rights will be determined by a neutral arbitrator rather than a judge or jury, and you cannot bring your claims as a class action. Please refer to the “Dispute Resolution and Arbitration” section below (Section 6) for more information on your agreement to arbitrate disputes with ARK.
Communication Consent:
By accepting these Terms, you also agree that ARK may contact you via phone or text regarding its services and treatment centers. Additionally, ARK may monitor and record any telephone calls made or received for business purposes, including quality assurance. For further details on this matter, please review the “Consent to Communications and Monitoring/Recording Telephone Calls” section below (Section 5).
2. Ark Behavioral Health Overview
Who We Are:
Ark Behavioral Health is a leading provider of behavioral health services, dedicated to offering clinical, medical, and psychiatric care for substance use, mental health, and co-occurring disorders. With a network of premier facilities in both Massachusetts and Ohio, we are committed to delivering comprehensive and individualized treatment plans tailored to the unique needs of each patient.
Our Mission:
At Ark Behavioral Health, our mission transcends merely treating symptoms. We aim to empower individuals and their families to rediscover purpose and joy in recovery. Our approach is rooted in trauma-informed care, ensuring that we consider every facet of an individual’s journey – past, present, and future. By doing so, we aspire to transform the despair of addiction into a life of confidence, self-respect, and happiness.
Purpose of Our Website:
The Ark Behavioral Health website serves as a gateway to understanding our services, facilities, and treatment methodologies. It is designed to provide visitors with comprehensive information about our offerings, our approach to treatment, and the resources we provide for both individuals seeking help and their loved ones. Through our website, we also aim to share valuable insights, news, and updates related to addiction recovery and mental health, reinforcing our commitment to education and awareness in the behavioral health realm.
3. The Website Does Not Provide Specific Medical or Treatment Advice
Please note that the information provided on this website is solely for informational purposes and should not be considered a substitute for professional medical advice, diagnosis, or treatment. It is highly recommended that you consult with your physician or a qualified healthcare provider for any inquiries or concerns regarding a medical condition or treatment plan. It is important not to disregard professional medical advice or delay seeking it based on any information obtained from the ARK websites. In the event of a medical emergency, immediately contact your doctor or dial 911. Any reliance on information provided by ARK, its employees or representatives, individuals invited by ARK to appear on the website, or other visitors to the website is done at your own risk.
4. Eligibility
To access and use our website, you must be at least thirteen (13) years old. By agreeing to these Terms, you confirm that you meet this age requirement. If you’re accessing our website on behalf of an entity, organization, or company, you must have the authority to commit that organization to these Terms. In such cases, you agree to these Terms not just for yourself, but also on behalf of that organization.
5. Consent to Communications and Monitoring/Recording Telephone Calls
By sharing your contact details with us, you consent to receive communications from or on behalf of ARK. This includes emails, calls, text messages, and calls made using an autodialer or prerecorded voice message to the email address or phone number you have provided. This remains true even if your number is listed on a National or State Do Not Call List. Such communications might be informational or promotional, aiming to inform you about ARK’s services and treatment centers. It is important to note that consenting to these communications isn’t a prerequisite for any purchase from ARK. Charges related to standard text messaging and phone minutes, as determined by your mobile carrier, may apply. For our internal business needs, such as quality assurance, training, and safeguarding our rights and those of others, ARK reserves the right to monitor and/or record phone conversations without additional notice or warning.
Should you decide to opt out of emails, you can do so by following the unsubscribe instructions in the email. If you prefer not to receive texts, simply reply with “STOP” from the device that received the message. To opt out of promotional calls, you can request not to be called during any conversation you have with us. Please be aware that, as ARK processes your opt-out request, you might still receive some communications. Additionally, a confirmation of your opt-out request might be sent to you.
6. Dispute Resolution and Arbitration
Applicability of Arbitration Agreement: All claims and disputes (except as explicitly set forth herein) in connection with these Terms or the use of our website that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration provisions (the “Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be emailed to: [email protected]. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) calendar days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. JAMS’s rules are available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Exceptions: Despite the general agreement to arbitrate, both parties recognize exceptions. These include individual actions in small claims court, enforcement actions through relevant agencies, seeking injunctive relief in court, or addressing intellectual property infringement in court.
Authority of Arbitrator: The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial: YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in the “Applicability of Arbitration Agreement” paragraph above. An arbitrator can award on an individual basis the same damages and relief as a court, and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief: ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the Commonwealth of Massachusetts. All other disputes, claims, or requests for relief shall be arbitrated. Except as provided in this paragraph, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
7. Governing Law
The laws of the Commonwealth of Massachusetts will govern these Terms, without considering any conflicting legal principles. If any legal actions are allowed under these Terms, you and ARK mutually agree to the exclusive jurisdiction of the state and federal courts in Norfolk County, Massachusetts. Our website is operated from our U.S. offices, and we do not claim that the content on our website is suitable or available for use outside the U.S.
8. Digital Millennium Copyright Act
DMCA Notification: We respect the intellectual property of others and ask that users of our website and our products and services do the same. In connection with our website and our products and services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our website and/or our products and services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our website or our products and services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512) must be provided to our designated copyright agent:
DMCA Agent
500 Victory Rd. 3rd Floor
Quincy, MA 02171
Email: [email protected]
To submit a valid notice of alleged copyright infringement, ensure you provide:
- A signature (either electronic or physical) of the person authorized to act on behalf of the copyright owner.
- A detailed description of the copyrighted work you believe has been infringed.
- The specific location of the purported infringing material on our website.
- Your contact details, including your address, phone number, and email.
- A statement that you have a good faith belief that the use of the material is not sanctioned by the copyright owner, its agent, or the law.
- A declaration, made under the penalty of perjury, confirming the accuracy of the information in your notice and that you are either the copyright owner or have the authority to act on their behalf.
9. Prohibited Conduct
When accessing our website, please adhere to the following guidelines:
Lawful Use: Do not engage in any unlawful activities or violate any local, state, national, or international regulations or laws.
Respect Intellectual Property: Avoid infringing upon the rights of third parties or Ark Behavioral Health, including unauthorized use of intellectual property. Do not encourage others to do so.
Maintain Security: Do not tamper with the security features of the sites or attempt to access source code not openly available, unless explicitly allowed by law.
Ensure Smooth Operations: Avoid disrupting the operations of the website or the experience of other users by introducing malicious software, making unsolicited offers, or attempting unauthorized data collection.
Automated Access: Do not use automated systems, such as bots or spiders, to access our sites without our explicit written consent.
Data Mining and Scraping: Refrain from using data mining, robots, or similar data gathering and extraction tools on the website.
Infrastructure Integrity: Do not undertake actions that impose or might impose an unreasonable or disproportionately large load on the website’s infrastructure.
Unauthorized Commercial Use: Do not use the website or its content for any commercial purposes without obtaining a license or written permission from Ark Behavioral Health.
10. Intellectual Property
All content, features, and functionality on the website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, as well as the design, selection, and arrangement thereof, are the exclusive property of Ark Behavioral Health or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Ark Behavioral Health name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ark Behavioral Health or its affiliates or licensors. Unauthorized use of these marks, or of any content on the website, is prohibited and may violate copyright, trademark, and other laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you wish to use any material on the website in a manner not expressly permitted by these Terms, you must obtain written permission from Ark Behavioral Health or its licensors.
11. Indemnification
You agree to defend, indemnify, and hold harmless Ark Behavioral Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, members, stockholder, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (ii) your use of any information obtained from the website; (iii) any disputes or issues between you and any third party; or (iv) your violation of these Terms of Use or your use of the website, including, but not limited to, any use of the website’s content, services, and products other than as expressly authorized in these Terms. 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 with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Ark Behavioral Health, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the website; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the website; (d) any bugs, viruses, trojan horses, or similar which may be transmitted to or through our website by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website.
Notwithstanding the foregoing, in no event shall Ark Behavioral Health’s total liability to you for all damages, losses, or causes of action exceed $250.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ark Behavioral Health has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
13. Discontinuation and Modification of the Website
Ark Behavioral Health reserves the right, in its sole discretion, to modify, suspend, or discontinue any part of the website at any time, with or without notice to you. This includes, but is not limited to, the availability of any feature, database, or content. Ark Behavioral Health may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
While we aim to provide a consistent and reliable online experience, we cannot guarantee the continuous and uninterrupted availability and accessibility of the website. Certain technical difficulties, maintenance, or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the website, with notice where possible.
By using this website, you agree that Ark Behavioral Health shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or any part thereof.
14. Privacy Policy and Additional Terms
Privacy Considerations: We prioritize your privacy. To understand how we manage and protect your personal information, please refer to the Ohio Recovery Center Privacy Policy. This policy provides details on our practices related to the gathering, utilization, storage, and disclosure of your personal data. By agreeing to these Terms, you acknowledge and accept the provisions outlined in the ARK Privacy Policy, which is an integral part of these Terms.
Supplementary Terms: Your engagement with our website may be governed by other specific terms, policies, rules, or guidelines that we might establish and make available on the website, known as the “Additional Terms.” This could pertain to certain website features or content. By using our website, you agree to these Additional Terms, which are considered an extension of these main Terms.
15. Disclaimers and Limitations
Website Availability and Content: To the maximum extent allowed by law, the website, along with all materials and content accessible through it, are provided on an “as-is” and “as-available” basis. There are no guarantees, conditions, or warranties of any kind, either directly stated or implied. Specifically, but not limited to, we disclaim all warranties, whether they are express or implied, related to the Sites and all materials and content available through them. This includes, but isn’t limited to, implied warranties of merchantability, suitability for a specific purpose, ownership, uninterrupted enjoyment, and non-infringement, as well as any warranties that might arise from dealing, usage, or trade practices.
Website Functionality: We do not guarantee that the website or any part of it will operate without interruptions, be completely secure, or be free from errors, viruses, or other harmful elements. We are not responsible for rectifying any of the aforementioned issues.
No Implied Warranties from Advice: Any advice or information, whether spoken or written, that you receive from the website or through any materials or content available on the website does not create any warranty that isn’t explicitly mentioned in these Terms.
Assumption of Risk: To the fullest extent permitted by law, you take on all risks associated with any potential damages that might arise from your use of or access to the website, interactions with other website visitors or users, and any materials or content available through the website. It’s important to understand and agree that your use of the website, as well as accessing, downloading, or obtaining materials or content through the website and any related services, is at your own discretion and risk. You alone will be responsible for any damage to your property (like your computer system linked with the website) or data loss resulting from using the website or downloading or using such materials or content.
16. General Provisions
Entire Agreement: These Terms, with the Privacy Policy and any other documents specifically incorporated by reference, represent the complete and exclusive understanding between you and ARK concerning your access to and use of the website.
Assignments: You cannot transfer or assign your rights or obligations under these Terms, either in part or in full, without our prior written approval. However, ARK reserves the right to assign these Terms without any prior notification.
Waiver: If we do not immediately enforce a particular provision, it does not mean we have waived our right to do so later. Similarly, if we waive any default or breach of these Terms, it doesn’t mean we waive any future defaults or breaches.
Section Headers: The headers used in these Terms are for convenience only and won’t influence the interpretation of the content within the sections.
Validity: If any portion of these Terms is deemed invalid or unenforceable, that portion will be interpreted in a manner that reflects the original intention as closely as possible. The rest of the Terms will remain valid and enforceable.
Survival: termination of these Terms, any provision that its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 3 through 17.
17. Changes to the Terms
Right to Modify: We hold the authority to update these Terms as needed. It is important to regularly review these Terms for any updates.
Notification of Significant Changes: If there is a major change that significantly impacts your rights or obligations, we will do our best to inform you. This could be through a notification on our website, or other methods.
Acceptance of Changes: For certain significant changes, we might ask for your explicit agreement to the updated Terms. These changes will only apply after you have accepted them. All other updates become effective once they are posted, or from the mentioned “Effective Date” if specified.
Disputes: Any disagreements that arise will be addressed based on the Terms that were in place when the disagreement began.
Contact Information
Ownership: The website is owned and operated by Ark National Holdings LLC, its affiliates and/or subsidiaries, d/b/a Ark Behavioral Health
Address: 500 Victory Rd., 3rd Floor, Quincy, MA 02171
Email: For inquiries, you can reach us at [email protected]
Special Note for Residents: If you reside in California, Colorado, Virginia, Connecticut, or Utah and wish to receive these Terms electronically, please send a request to our address above, including your email address.
