Terms Of Use

Last updated: 9/13/2016
We have updated our Terms of Use as it relates to arbitration and class actions. Please read carefully before using this website.

The following Terms of Use* explain Hazelden’s intellectual property rights and govern your use of this “Website,” with a homepage located at www.mystudentbody.com.  Please read these Terms of Use carefully before using My Student Body Website.  Your use of this Website constitutes your agreement to be bound by all terms.   “You” and similar terms means both you in your individual capacity, as well as any other person or entity on whose behalf, or for whose benefit, you are accessing this Website.  If you disagree with one or more of these terms or find them unacceptable in any way, do not enter or use our Website.  Any rights not expressly granted herein are reserved to Hazelden.

This Website is intended and only suitable for individuals aged 17 and above.  Some of the content on this Website may not be appropriate for children.  Children under the age of 13 are not permitted to use this Website.  We strongly recommend that children between the ages of 13 and 17 ask for their parent’s or guardian’s permission before viewing our Website.  Hazelden hereby disclaims all liability for use by individuals under the age of 17. 

This Website is an interactive website offered by Hazelden, in connection with limited licenses (“Licenses”) made to academic institutions.  Under the terms of such Licenses, certain individuals associated with such academic institutions (including but not necessarily limited to currently-enrolled students, parents or guardians of currently-enrolled students or faculty,  staff or administrators) are authorized to become registered users of the Website through an online registration process.  Only registered users are authorized to participate in interactive portions of the Website, including but not limited to surveys, questionnaires and forms.  Non-registered users are limited to the publicly available content of the Website.

Hazelden reserves the right, in its sole and absolute discretion, to change, modify, and update this Agreement at any time and you agree to be bound by those changes, modifications and updates.  You should therefore review these Terms of Use periodically to familiarize yourself with any changes, modifications and updates.  If you violate any of the Terms of this Agreement, your authorization to use our Website and all licenses granted herein terminate automatically.  In addition, Hazelden may suspend your access at any time, for any reason.

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.  This Agreement constitutes the entire Agreement between you and Hazelden applicable to its subject matter.  It may not be modified except as described elsewhere in this Agreement.  Anything on the Website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

In these Terms

1. Information on this Website does not Constitute Professional Advice
2. Disclaimer
3. Limitation of Liability
4. Indemnity
5. Copyright Notice
6. Copyright Infringement – DMCA Notice
7. Trademark Notice
8. Limitations on Your Use of the Website
9. Monitoring
10. Jurisdiction and Venue
11. Arbitration; Prohibition on Class Actions
12. Login Information
13. Security
14. Cookies
15. Privacy
16. Links to Websites
17. General
18. Contact Information

1. Information on this Website does not Constitute Professional Advice

All data, information, text, graphics, links and other material on My Student Body Website is not intended to provide medical advice, but for general information and educational purposes only.  Information provided here is not intended to serve as medical advice and is not to be used for diagnosis or treatment of any condition or symptom.  Information provided on the Website does not constitute the provision or practice of medical, nursing or professional health care advice or service.

You should consult your physician or other qualified health care provider regarding any specific questions you may have.  You should never disregard professional advice or delay in seeking treatment based on the information contained on this Website or other websites linked to or from it.
 


2. Disclaimer

All access to this Website is voluntary and at the sole risk of the user.  Hazelden does not warrant the accuracy of any materials or content on the Website or on any other websites linked to or from it. Whereas Hazelden strives to present timely and accurate information, it makes no representations or warranties that this information is free of errors or omissions that may be considered material.  Hazelden does not warrant the completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other materials provided through the Website. Hazelden will not be liable for any decision made or action taken or omission made in reliance upon the information provided on the Website.  Except for information, products or services clearly and specifically identified as being supplied or endorsed by Hazelden, Hazelden does not endorse any products or services this Website or other Websites link to or from it.  Mere inclusion of a product or service on this Website does not constitute an endorsement by Hazelden.  In addition, portions of this Website may include “chat” or similar functionalities that permit other individuals to post comments or information on this Website; users are encouraged to use particular caution when reading such items as they may contain information that is false, misleading or harmful.

The information contained on or provided by this Website is for general educational and informational purposes only.  All material on the Website is provided on an “as is” and as-available basis without warranty of any kind, express or implied, including, without limitation, warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose.  Hazelden is not responsible for any loss or damage resulting from reliance on the information or other content posted on this Website or from websites linked to or from this Website.  Hazelden does not warrant that the use of this Website will be uninterrupted and cannot guarantee that this Website is free from viruses or other contaminants that may damage your computer or its data.  Hazelden may discontinue all or a portion of this Website at any time without notice. 
 


3. Limitation of Liability

BY VISITING THIS WEBSITE, YOU AGREE TO HOLD HARMLESS HAZELDEN, AND ANY AFFILIATED HAZELDEN ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “HAZELDEN PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS AND SETTLEMENT, INCLUDING, WITHOUT LIMITATION, FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED HAZELDEN OF THE POSSIBILITY OF SUCH CLAIM.  THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.  YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF THE HAZELDEN PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

Users shall not view, use, download, export or copy any content of this Website except in full compliance with all U.S. and other applicable laws and regulations and the Terms of Use stated here. 


4. Indemnity

You agree to indemnify and hold harmless Hazelden, and its officers, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or related to your breach of any provision of these Terms of Use or your use or misuse of the Website or the content.


5. Copyright Notice

This Website is owned and operated by Hazelden.  The entire contents and design of the Website are protected by U.S. and international copyright law.  All rights regarding the Website and materials contained on the Website are either owned by Hazelden, are licensed to it, or are used with permission.  Hazelden and its licensors retain and reserve all proprietary rights to the contents of this Website.

Hazelden hereby grants  you a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other publicly available content of the Website (collectively, the “content”) solely in accordance with these Terms of Use. Subject to these Terms of Use, you may view, download and print the Content solely for your personal, noncommercial and informational use.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Hazelden.  You may link to, view, download, use, display and print a single copy of the materials found on this Website only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Hazelden or an affiliated entity.  All such copies must include, at a minimum, the following copyright notice: “Copyright ©[current year] Hazelden Foundation.  All rights reserved.” Any other use of the Website or the information contained here is strictly prohibited.   Hazelden may terminate the above license at any time for any reason. If you breach any of these Terms your license terminates immediately and automatically and without notice.   Upon the termination of this license you must stop using this Website, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.


6. Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Website infringes a valid copyright owned by you, you (or your agent) may send Hazelden a notice requesting that the material be removed, or access to it blocked. This request should be sent to: socialmedia@hazelden.org; or to: Hazelden Foundation, Attn: Social Media Manager, PO Box 176, 15251 Pleasant Valley Road, Center City, MN 55012.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.   If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  Notices and counter-notices with respect to the Website should be sent to the address above.


7. Trademark Notice

Hazelden names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Hazelden.  All rights are reserved.  You are not authorized to use any such trademark in any advertisement, publicity or in any other commercial manner without prior written consent of Hazelden.  All other trademarks appearing on the Website are the property of their respective owners.


8. Limitations on Your Use of the Website

Hazelden may host discussion boards, chats and other forums on the Website that permit you to post and/or link to information. If you participate, you agree: (a) You will not post, transmit, or link to any material, websites or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech. (b) You may only post, upload or transmit materials (including photos) for which you have the copyright or other permission to distribute electronically citing the original source.  You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you post or upload will be owned by you or be in the public domain. (c) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device. (d) You may not solicit other users, or distribute advertising, for products or services through the Website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Website. (e) If you choose to post items in public or “chat” portions of the Website, such material, information, photographs and other information you post in these public or group areas is available to the other individuals using the Website and Hazelden does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever. Always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information. (f) You will not post any material that violates any law or regulation. (g) You will not impersonate any other person or use a false identity (the name of some other living person). (i) Your postings will truthfully reflect your own experience.


9. Monitoring

We may change these Terms and Conditions, the Web Site or the Content at any time, and we may terminate your access to and use of the Web Site at any time, with or without cause, in our sole discretion.


10. Jurisdiction and Venue

This Website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.  This Website is a service provided by Hazelden and does not constitute any contract with any jurisdiction outside the State of Minnesota.  Use of this Website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Website illegal. Users in such jurisdictions visit and use this Website entirely at their own risk.  Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions, warranty disclaimers, and limitation of liability.

This Agreement is entered into and performed in the State of Minnesota, United States of America. It is governed by and shall be construed under the laws of Minnesota, exclusive of any choice of law or conflict of laws provisions. Except as set forth in the Arbitration; Prohibition of Class Actions section below, in any claim or action directly or indirectly arising under this Agreement or related to the Website, each party irrevocably submits to the personal jurisdiction of the Minnesota State District Court sitting in Anoka County, Minnesota or of the United States Court for the District of Minnesota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.


11. Arbitration; Prohibition on Class Actions

Any dispute, claim or controversy arising out of or relating to the Website or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Minneapolis, Minnesota before three arbitrator(s). The arbitration shall be confidential, final, binding, and administered by American Arbitration Association pursuant to its then-current rules and procedures. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Judgment on the award may be entered and enforced in any court having jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the award, or fails to comply with the award, the other party is entitled of costs of suit including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.  The parties agree to arbitrate solely on an individual basis, and not part of any collective arbitration.
 
The parties agree that any claims arising under or related to this Agreement, the Website, or the relationship between the parties shall be brought on an individual basis as described above, and neither party shall participate in any class or collective action.   In the event any portion of this Agreement is deemed invalid or unenforceable, then such section is deemed severed and then the remaining portions will remain in full force and effect.


12. Login Information

As part of the registration process for this Website you will select a user name and password.  You are responsible for keeping this information confidential, and you agree that you are responsible for any actions taken by any person to whom you have provided your user name and password.


13. Security

We understand that you may provide to Hazelden, through this Website, some information about yourself that you consider confidential.  You may also provide certain financial information, such as credit card information, in the course of purchasing an item.  Please read our Privacy Policy for more information about information security.   

While we take reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that unauthorized persons may be able to intrude on the server and view your information or access restricted information through other illegal methods. By submitting information to Hazelden, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of this Website. You agree that Hazelden is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.


14. Cookies

Some features of this Website use cookies or similar tracking technology in order to offer more personalized service. Cookies are a part of your browser that store small amounts of data on your computer about your visit to a website.  Although you are welcome to disable or block cookies if your computer permits you to do so, you may experience difficulties using certain portions of this Website, and Hazelden is not responsible for such difficulties.


15. Privacy

You agree that Hazelden may use information as described in our Privacy Policy.  Without limiting the foregoing, you agree that Hazelden may contact you though any contact information you provide though this Website.


16. Links to Websites

Hazelden may provide Internet links through this Website to other websites that provide information or services which may be of interest to you. Hazelden provides these links for your convenience only. We are not responsible for the content of these websites or the programs, agencies, or businesses they describe, or for your dealings with such third parties. Hazelden is not responsible for the content or privacy practices of non-Hazelden Websites to which our Website may link. Please review the terms of use and privacy policy of such websites before using them.


17. General

You may not assign any rights or obligations under this Agreement without Hazelden’s prior written consent.  Hazelden may assign all or part of this Agreement.

You agree that any use of this Website that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of Hazelden’s intellectual property rights including copyright rights, in addition to any and all other claims Hazelden may have against you.  If you are not a registered user, you agree that you shall not access or attempt to access any portion of this Website that is restricted to registered users.  No user shall login or attempt to login as a person they are not, or using another’s login information.

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.   No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


18. Contact Information

You may contact Hazelden at socialmedia@hazelden.org .  You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method. These Terms of Use were last updated on May 20th, 2015

*Unless otherwise prohibited by the State of Georgia or the State of Oklahoma.