Last Updated September 12, 2016.
We have updated our Terms of Service with an agreement to arbitrate all disputes and claims. Please review the new Terms of Service below.
The following Terms of Service (the “Agreement”) explains the intellectual property rights of Hazelden Betty Ford Foundation (“Hazelden Betty Ford”) and governs your use of The Daily Pledge website (the “Website”). Please read the terms of this Agreement carefully before using this Website. Your use of this Website constitutes an agreement to be bound by all terms contained herein on behalf of yourself, any other person or entity on whose behalf you are accessing this Website, and any others who may have rights through you. If you disagree with one or more of the terms of this Agreement or find them unacceptable in any way, do not enter or use this Website. Any rights not expressly granted herein are reserved to Hazelden Betty Ford.
Hazelden Betty Ford 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 this Agreement periodically to familiarize yourself with any changes, modifications, and updates. If you violate any of the terms of this Agreement, your authorization to use this Website and all licenses granted herein terminate automatically.
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 Betty Ford applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. The terms of this Agreement supersede anything on the Website which is inconsistent or in conflict with the terms of this Agreement.
Dial 911 for Emergencies
THIS WEBSITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE, AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. HAZELDEN BETTY FORD IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS OR POSTINGS MADE TO THIS WEBSITE.
Information on this Website does not Constitute Professional Advice
All data, information, text, graphics, links and other materials on this Website are provided as a convenience to Hazelden Betty Ford’s Website visitors and are not intended to provide medical advice, but for general information and educational purposes only. Additionally, information provided here is not intended to serve as medical or other professional 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.
All access to this Website is voluntary and at the sole risk of the user. Hazelden Betty Ford does not warrant the accuracy of any materials on this Website or on any other websites linked to or from it. Whereas, Hazelden Betty Ford strives to present timely and accurate information, it makes no representations that this information is free of errors or omissions that may be considered material. Hazelden Betty Ford does not warrant the completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other materials provided through the Website. Hazelden Betty Ford 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 Betty Ford, Hazelden Betty Ford does not endorse any products or services appearing on this Website or other websites linked to or from it. Mere inclusion of a product or service on this Website does not constitute an endorsement by Hazelden Betty Ford.
The information contained on or provided by this Website is for general educational and informational purposes only. All materials on this Website are provided on an “as is” and as-available basis without warranty of any kind, express or implied, including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose. Hazelden Betty Ford is not responsible for any loss or damage resulting from reliance on the information or other content posted on this Website or from sites linked to or from it. Hazelden Betty Ford does not warrant that the use of this Website will be uninterrupted and does not guarantee that this Website is free from viruses or other contaminants that may damage your computer or its data. Hazelden Betty Ford also reserves the right, at any time, for any reason, at its sole discretion, without notice to: (1) change, add or remove portions of the terms and conditions of this Agreement; (2) change or discontinue the Website in whole or in part, including eliminating or discontinuing any content on or feature of the Website; (3) change any prices or fees appearing on or associated with the Website or for any products or services offered for sale or otherwise available on the Website including catalogs provided through the Website; (4) terminate or restrict any user or your access to any Hazelden Betty Ford online community or account, including any access to links through this Website. In addition, if Hazelden Betty Ford permits the creation of any specific “group” or “room” or similar specified area within the Website that permits participants to chat or otherwise communicate (a “Specific Chat Room”), you agree that (1) participation by you in such Specific Chat Room or any other activity on this Website does not render you an employee of Hazelden Betty Ford for any purpose and does not entitle you to receive any wage, royalty, or any other benefit or compensation for your participation, and (2) Hazelden Betty Ford may discontinue the Specific Chat Room, in whole or in part, for any reason at any time, without notice.
This Website may permit “chat” or other communications with other individuals and Hazelden Betty Ford is not responsible or liable for any statements by or any acts or omissions of such individuals, and any reliance on such postings or other interactions with such persons is at your own risk. Hazelden Betty Ford is not under any obligation to review, moderate, or fact-check chat or similar communications, and such communications may contain information or advice that is false or harmful.
Indemnification and Limitation of Liability
BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HAZELDEN BETTY FORD, AND ANY AFFILIATED HAZELDEN BETTY FORD ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “THE HAZELDEN BETTY FORD FOUNDATION 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 CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, 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 BETTY FORD OF THE POSSIBILITY OF SUCH CLAIM. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICE IS TO STOP USING THE WEBSITE OR ITS SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF HAZELDEN BETTY FORD FOUNDATION 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.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform Hazelden Betty Ford in writing and to give Hazelden Betty Ford thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
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 this Agreement as stated herein.
This Website is owned and operated by Hazelden Betty Ford. 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 Betty Ford, are licensed to it, or are used with permission. Hazelden Betty Ford and its licensors retain and reserve all proprietary rights to the contents of this Website.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Hazelden Betty Ford. 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 Betty Ford or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright [current year] Hazelden Betty Ford. All rights reserved.” Any other use of the Website or the information contained here is strictly prohibited. Hazelden Betty Ford 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.
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 Betty Ford a notice requesting that the material be removed, or access to it blocked. This request should be sent to: email@example.com; or to: Hazelden Betty Ford Foundation, Attn: The Daily Pledge Manager, PO Box 11, 15251 Pleasant Valley Road, Center City, MN 55012.
The notice must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or the subject of infringing activity; (4) the name, address, telephone number, and email address of the complaining party; (5) 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 (6) 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.
Hazelden Betty Ford names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Hazelden Betty Ford. All rights are reserved. You are not authorized to use any Hazelden Betty Ford name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Hazelden Betty Ford. All other trademarks appearing on the Website are the property of their respective owners.
Messages and Postings
Hazelden Betty Ford provides opportunities for you to participate in online communities and may host discussion boards, chats and other forums on the Website. For example, you may participate in our Thought of the Day feature by signing up with your Instagram handle and tagging your photos and postings (“Tagged Content”) with the hashtags #WeAreProof or #IAmProof (or other hashtags as we may provide from time to time) in order to submit your Tagged Content for potential use on our Website. If you participate in this program and post photos, your participation is governed by the terms of this Agreement. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
If you participate in the Instagram program or any other Hazelden Betty Ford online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis and without any compensation due to you and you grant Hazelden Betty Ford a perpetual, worldwide, royalty-free, transferable and sublicenseable, right and license to use, copy, distribute, modify, create joint and derivative works based on, your content, postings and Tagged Content in any form or format.
You further agree that: (1) You will not post, transmit, or link to any material, websites, Tagged Content, 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; (2) You may only post, upload or transmit photos or materials for which you own the copyright or have obtained permission to distribute electronically citing the original source, or that are in the public domain. 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; (3) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device; (4) 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; (5) If you choose to submit Tagged Content or post items in public or “chat” portions of this Website, such material, information, photographs and other information you post in these public or group areas is available to the other users and Hazelden Betty Ford 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; (6) You will not disclose any name or personal information about another user or past or present Hazelden Betty Ford patient, including your past relationship with other users or individuals in treatment, their treatment history or other personal information about them without their express permission; (7) You will not post any materials that violate any law or regulation; (8) You will not impersonate any other person or use a false identity (the name of some other living person) although you may use a first-name-only, nick-name, or pseudonym so long as you clearly identify it as such; (9) Your postings will truthfully reflect your own experience as you understand it; (10) If you choose to post any information or content, you hereby grant Hazelden Betty Ford a perpetual, worldwide, royalty-free, unrestricted, irrevocable, transferrable and sublicenseable license to use, reproduce, display, perform, modify, create derivative or collective works based on, transmit and distribute your posting, in any media or format, digital, electronic, or in print, now known or later invented; (11) You will not take any action intended to interfere with the operation of this Website, nor will you attempt to gain access to any information or portion of this Website, or any Hazelden Betty Ford computer or data, other than those items for which you have been explicitly granted access.
Hazelden Betty Ford may, but is not obligated to, review chat or postings, and we may remove any posting it deems inappropriate or a violation of this Agreement.
Selection and Removal of Tagged Content
Hazelden Betty Ford will review Tagged Comment and select certain Tagged Content for posting on our Website; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with the terms of this Agreement, other applicable Terms of Service and applicable laws. If your Tagged Content is posted to this Website, you may request removal of your Tagged Content by marking it as “private” or by emailing firstname.lastname@example.org.
Hazelden Betty Ford has no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to this Website or related websites, if any. However, you acknowledge and agree that Hazelden Betty Ford shall have the right (but not the obligation) to monitor the Website, discussion boards, the chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate this Website properly, to protect Hazelden Betty Ford, its sponsors, and its other clients and visitors, and to comply with legal obligations or governmental requests.
Restrictions on Use Government Users
If you are employed by or are an agent of a U.S. Government agency or are acting on behalf of a Government agency, you agree and acknowledge on behalf of yourself and the Government agency that Hazelden Betty Ford property, as detailed above, is a commercial item that has been developed at private expense and not under a Government contract. The Government's rights relating to Hazelden Betty Ford property are limited to those rights applicable to its users, and are binding on Government users in accordance with Federal Acquisition Regulation 48 C.F.R. Section 12.212 for non-defense agencies and/or Defense FAR Supplement 48 C.F.R. Section 227.7202-1 for defense agencies.
Jurisdiction and Venue
Information provided on 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 Betty Ford 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 the State of Minnesota, exclusive of any choice of law or conflict of law provisions. Except as set forth in the Arbitration 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 exclusive personal jurisdiction of the Minnesota State District Court situated in Hennepin 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. This Website is intended for a United States audience. If you live outside of the United States, you may see information not approved and/or available in your country.
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 arbitrators. 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.
Limitation on Claims
You agree that in the event you have or may have any alleged claim against Hazelden Betty Ford, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Service and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Hazelden Betty Ford. You agree that any claim you may have against Hazelden Betty Ford must be brought within twelve (12) months of the date on which the claim arises, or else such claim is waived and forfeit.
If any provision of these Terms of Service is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced.
Registering or Creating an Account
As part of the registration process for this Website you will select a user name and password. You acknowledge that others will be able to view your username and that you are selecting it based on your own desired level of anonymity. We may refuse to grant you a username, password, and/or domain name that impersonates someone else, is or may be illegal, or is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at email@example.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR USERNAME AND PASSWORD.
In addition, this Website may permit you to create an account, sign-up to submit Tagged Content, or take similar actions. When and if you take such actions, you agree to (a) provide true, accurate, complete, and current information (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
This Website may offer an online event calendar with a listing of meetings, gatherings and seminars targeted to both professional and lay audiences. These events may be organized and operated by Hazelden Betty Ford, or they may be offered by third party site visitors and be unrelated to Hazelden Betty Ford. Hazelden Betty Ford does not endorse or recommend any event other than those explicitly organized and operated by Hazelden Betty Ford, and you attend all other events at your own risk. Hazelden Betty Ford does not guarantee access to any event and reserves the right to cancel any event at any time for any reason. For Hazelden Betty Ford organized and operated events, Hazelden Betty Ford will attempt to send notices of event cancellations to online registrants by sending email to the address provided upon registration; however, it is each registrant's responsibility to confirm that a specific event is going forward.
Certain events require payment of admission or other fee to attend. If payment for such an event, organized and operated by Hazelden Betty Ford, has been received and the event is subsequently canceled, Hazelden Betty Ford will return payment.
While we take reasonable measures to protect the confidentiality of your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. Hazelden Betty Ford is not responsible for illegal actions of third parties. By submitting information to Hazelden Betty Ford, 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 Betty Ford is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
If you choose to access this Website by using a mobile device, such as a smart phone or tablet, you should be aware that the mobile version of this Website is organized and presented differently, which may affect usability. By accessing this Website using a mobile device, you acknowledge that you are aware of the limitations and accept the risks associated with using the mobile version.
Links to Websites
Downloadable Files and Email
Hazelden Betty Ford cannot and does not guarantee or warrant that email or files available for downloading from this Website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Hazelden Betty Ford does not assume any responsibility or risk for damage to your computer or its files related to your use of this Website.
You may not assign any rights or obligations under this Agreement without Hazelden Betty Ford’s prior written consent. Hazelden Betty Ford 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 Betty Ford’s intellectual property rights including copyright rights, in addition to any and all other claims Hazelden Betty Ford may have against you.
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.
You may contact Hazelden Betty Ford at firstname.lastname@example.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.
Terms of Service Addendum: Terms Related to All Communities on the Ning Platform
The terms below are in addition to the terms above and relate to all communities on the Ning platform. You agree that Ning is an intended third party beneficiary of these additional terms of service, which serve as an addendum to the above terms.