Terms and Conditions
Agreement between User and www.neartownmurray.org
Welcome to www.neartownmurray.org. The www.neartownmurray.org website (the “Site”) is comprised of various web pages operated by Neartown Inc. www.neartownmurray.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.neartownmurray.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The Site is an informational website that provides information about Neartown Inc. and the addiction treatment services it offers. The Site does not itself provide treatment or clinical services.
Privacy
Your use of www.neartownmurray.org is subject to Neartown Inc.’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. To the extent your use of the Site involves protected health information or substance use disorder treatment records, that information is governed by our Notice of Privacy Practices and by HIPAA and 42 C.F.R. Part 2, which control over these Terms in the event of a conflict.
No Medical Advice; Not a Substitute for Professional Care
The Site and its content are provided for general informational and educational purposes only and do not constitute medical, clinical, or professional advice. Using the Site, contacting Neartown Inc. through the Site, or submitting a contact or insurance verification form does not create a provider-patient, therapist-patient, or other treatment relationship. A treatment relationship is established only through a separate written agreement and admission to a Neartown Inc. program. Always seek the advice of a qualified health provider with any questions about a medical condition or substance use disorder, and do not disregard or delay seeking professional care because of something you have read on the Site. If you are experiencing a medical emergency, call 911. If you are experiencing a mental health or substance use crisis, or are having thoughts of self-harm, call or text 988 to reach the 988 Suicide and Crisis Lifeline.
No Guarantee of Treatment Outcomes
Recovery from a substance use disorder depends on many factors that are individual to each person. Neartown Inc. does not guarantee any particular treatment result, outcome, or success rate, and nothing on the Site should be understood as a promise or guarantee of any specific result. Any testimonials or statements of experience reflect the views of the individuals who provided them, are not compensated unless otherwise stated, and may not be representative of every person’s experience.
Electronic Communications
Visiting www.neartownmurray.org or sending emails to Neartown Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. This Section does not apply to any authorization, consent, or notice that HIPAA or 42 C.F.R. Part 2 requires to be made in a specific form. Those documents must satisfy the requirements of the applicable law, and an electronic communication does not by itself satisfy them. You may withdraw your consent to receive electronic communications at any time by contacting us using the information below, although doing so may limit your ability to use certain features of the Site.
SMS/Text Messaging Terms
Program. Neartown Recovery (Neartown Inc.). By opting in, you agree to receive recurring text messages from Neartown Recovery relating to pre-admission inquiries, appointment reminders, alumni program outreach, and patient satisfaction and outcome surveys.
Frequency. Message frequency varies.
Cost. Message and data rates may apply.
Opt-out and help. Text STOP to cancel at any time. After you text STOP, we will send a one-time confirmation and you will receive no further messages unless you opt in again. Text HELP for help, or contact us at (270) 632-9379.
Support. For support, contact (270) 632-9379 or info@neartownmurray.org.
Carrier liability. Carriers are not liable for delayed or undelivered messages.
Privacy. See our Privacy Policy for how we handle your information.
Children Under Thirteen
Neartown Inc. does not knowingly collect, either online or offline, personal information from children under the age of thirteen (13). The Site is intended for use by adults. If you are under 18, you may use the Site only with the permission and involvement of a parent or guardian. This Section concerns information collected through the Site. Where Neartown Inc. provides treatment to a minor, it handles the minor’s health information in accordance with HIPAA, 42 C.F.R. Part 2, and Kentucky law governing consent for the care of minors and the confidentiality of their records.
Links to Third Party Sites/Third Party Services
www.neartownmurray.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Neartown Inc. and Neartown Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Neartown Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Neartown Inc. of the site or any association with its operators.
Certain services made available via www.neartownmurray.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.neartownmurray.org domain, you hereby acknowledge and consent that Neartown Inc. may share such information and data with any third party with whom Neartown Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of www.neartownmurray.org users and customers. This consent is limited to information reasonably necessary to provide the product, service, or functionality you request, and the third party may use that information only for that purpose. This consent does not apply to protected health information or substance use disorder treatment records, which Neartown Inc. uses and discloses only as permitted by HIPAA, 42 C.F.R. Part 2, and its Privacy Policy.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.neartownmurray.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Neartown Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Neartown Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Neartown Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Neartown Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Neartown Inc. or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Neartown Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Neartown Inc. Content accessed through www.neartownmurray.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Neartown Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Neartown Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Neartown Inc. in asserting any available defenses. This indemnification concerns your use of the Site. It does not require you to indemnify Neartown Inc. against claims arising from Neartown Inc.’s own gross negligence or willful misconduct, or from the clinical care or treatment it provides, which are governed by the parties’ separate treatment agreements and by applicable law.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Calloway County, Kentucky, or another location the parties agree on in writing. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Notwithstanding the foregoing, this arbitration provision does not apply to, and the parties do not waive the right to bring in a court of competent jurisdiction, any claim for personal injury, wrongful death, medical malpractice, or any other claim arising out of the clinical care or treatment provided by Neartown Inc., or any claim that applicable law does not permit to be resolved by arbitration. This provision is limited to disputes arising out of your use of the Site, and to the extent any applicable law would render this provision unenforceable as applied to a particular claim, that claim is excluded from arbitration.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Neartown Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. This waiver does not apply to any claim that is excluded from arbitration under the Arbitration Section above or that cannot be waived as a matter of law. If this class and representative action waiver is found unenforceable as to a particular claim, that claim, and only that claim, shall proceed in court.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEARTOWN INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NEARTOWN INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEARTOWN INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEARTOWN INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEARTOWN INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. The disclaimers and limitations in this Section apply to your use of the Site and its content. Nothing in this Section limits or excludes any liability that cannot be limited or excluded under applicable law, and nothing in these Terms limits Neartown Inc.’s responsibility for the clinical care and treatment it provides, which is governed by applicable law and the parties’ separate treatment agreements.
Termination/Access Restriction
Neartown Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Kentucky and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Calloway County, Kentucky in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Neartown Inc. as a result of this agreement or use of the Site. Neartown Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Neartown Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Neartown Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Neartown Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Neartown Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. These Terms govern your use of the Site only. They do not amend, replace, or supersede any admission agreement, consent to treatment, financial or payment agreement, HIPAA authorization, or 42 C.F.R. Part 2 consent between you and Neartown Inc., each of which is governed by its own terms and by applicable law.
Changes to Terms
Neartown Inc. reserves the right, in its sole discretion, to change the Terms under which www.neartownmurray.org is offered. The most current version of the Terms will supersede all previous versions. Neartown Inc. encourages you to periodically review the Terms to stay informed of our updates. When we make material changes, we will post the updated Terms on the Site with a new effective date.
Contact Us
Neartown Inc. welcomes your questions or comments regarding the Terms:
Neartown Inc.
1250 Old Soldier Creek Rd. Kirksey, KY 42054
Email Address: info@neartownmurray.org
Telephone number: 270-632-9379
Effective as of June 23, 2026