PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Terms") apply exclusively to your access to, and use of, the We Are One website located at http://weareonediabetes.org (the “Website”), an initiative of Taking Control Of Your Diabetes ("Company"), and the information and other services provided through the Website (the "Services"). If you are using the Website on behalf of any person (and for the purposes of these Terms, “person” includes natural persons and any type of incorporated or unincorporated entity), you represent and warrant that you are authorized to accept these Terms on such person’s behalf, and that such person agrees to indemnify you and Company for violations of these Terms.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by these Terms as they then read.
The Website may be accessed and used only be individuals who can form legally binding contracts on their own behalf and on behalf of the persons they represent, and who have accepted these Terms.
These Terms are in addition to and supplement any other written agreements you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. These Terms will govern regarding access to and use of the Website, and the Services, and the other agreements will govern regarding all other matters.
Company reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Website or Services at any time and in its sole discretion. Any changes or modifications to the Website will be effective immediately upon the release of any updates of the Website. Your continued use of the Website following any updates, changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these Terms, you should frequently review these Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website and the Services. If you do not agree to the amended terms, you must stop using the Website and the Services.
Unless otherwise indicated, the Website, the Services and all content and other materials on the Website, or associated with the Services, including, without limitation, all logos, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Website Materials") are the proprietary property of Company or its licensors or users and are protected by Canada, U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Website and the Services for your informational, non-commercial and personal use only. The license is subject to these Terms and does not include or authorize: (a) any resale or commercial use of the Website, the Services or the Website Materials therein; (b) the distribution, public performance or public display of any Website Materials, (d) modifying or otherwise making any derivative uses of the Website, the Services and the Website Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; or (f) any use of the Website, the Services or the Website Materials other than for its intended purpose. Any use of the Website, the Services or the Website Materials other than as specifically authorized in these Terms, without the prior written permission of Company, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
If you believe that any material on the Website or included in the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Full Address of Designated Agent to Which Notification of Claimed Infringement Should be Sent:
1110 Camino Del Mar
Del Mar, CA 92014
E-Mail Address of Designated Agent: email@example.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
The Website and Company logos and any other product or service name or slogan contained in the Website or the Services are trademarks and/or registered trademarks of Company and its suppliers or licensors or their affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look and feel of the Website and the Services, including all page headers, custom graphics, button icons and scripts, is the service mark and/or trademark of Company or its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website or the Services are the property of their respective owners.
The Website is not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. If you are accessing the Service from the United States, you hereby represent, warrant and covenant that you are at least 13 years old.
WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
Information posted or made available on or through the Website or as part of the Services is provided to Company by Company’s non-profit and clinical partners and the Website’s users.
THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH THE WEBSITE OR THROUGH THE SERVICES, AND ANY USE OR RELIANCE ON INFORMATION IS SOLELY AT YOUR OWN RISK.
The Company may offer optional premium services from time to time, such as online courses, one-on-one sessions and tutorials (“Premium Services”). By selecting a Premium Service you agree to pay Company the fees indicated for that service. Payments will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Monthly payments will be charged to your credit card on a recurring basis until you cancel your service. Premium Services must be cancelled prior to your monthly renewal in order to avoid billing of the next month's Premium Service fee.
If your payment method fails or your account is past due, Company reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination may result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to Company within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
The Company reserves the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.
The information included in the Website and in the Services is reliant upon third party data and contributions, including, without limitation, contributions from Company’s non-profit clinical partners, and there are certain inherent limitations to the accuracy or currency of such information. That information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Website Materials, and that information on the Website or included in the Services may be outdated or contain errors, omissions or misinterpretations of information. You should independently verify the accuracy of any information you obtain on the Website or through the Services before using it. You agree to be solely responsible for your use of the Website, the Website Materials and the Services.
Other information posted or made available through the Website or the Services, including without limitation any user reviews, comments, responses to questions posted in forum section of the Website (the “Forums”) and any other comments, opinions, recommendations, answers, analysis, references, referrals or related content or information (collectively "Information") is not intended to create a relationship between you and any other user, Company, any non-profit clinical partner of Company, or any service provider or service partner featured on the Site. Such Information is intended for general informational purposes only and should be used only as a starting point for addressing your personal needs. You should not rely upon such Information. You understand that questions and answers or other postings within the Website are not confidential.
Company does not screen, approve, endorse or limit who may post Information.
Parents should regularly review and screen their children’s activities using the Website or the Services. Although Company reserves the right to review, remove or edit any content from the Website, Company does not routinely screen, monitor, or review the content of any such Information. As a result, Company has no control over and Company does not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Information or the qualifications of those posting Information, or any automated recommendations of suitable activities, therapies or programs provided by the Website based on preferences and restrictions indicated by you.
COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES, NOR IS COMPANY RESPONSIBLE FOR THE TIMELINESS OR ACCURACY OF ANY NOTICES OR REMINDERS PROVIDED TO YOU BY THE WEBSITE OR SERVICES.
Company reserves the right to change any and all content contained in the Website, and any Services offered through the Website at any time without notice. Reference to any service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Company does not accept any liability for your use of the Website. For that reason, the following provisions apply to all matters arising from, connected with or related to the Website:
THE WEBSITE, THE WEBSITE MATERIALS (INCLUDING ANY INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SEQUENCE, OR TIMELINESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT (A) THE WEBSITE WILL BE COMPATIBLE WITH YOUR HARDWARE AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITE WILL BE AVAILABLE OR FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES; (F) ACCESS TO AND USE OF THE WEBSITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND COMPANY DISCLAIMS ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATION OF THE WEBSITE, AND THE SERVICES OFFERED THEREIN, MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND COMPANY’S CONTROL. WEBSITE OPERATIONS MAY NOT BE CONTINUOUS OR UNINTERRUPTED AND MAY BE SUBJECT TO SECURITY OR PRIVACY BREACHES.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, NON-PROFIT CLINICAL PARTNERS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE WEBSITE, THE SERVICES, THESE TERMS, THE TERMINATION OF THESE TERMS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICES, OR YOUR ENGAGEMENT IN ANY ACTIVITY OR PURCHASE OF ANY PRODUCT AS A RESULT OF YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE (INCLUDING WITHOUT LIMITATION BY REASON OF ANY EXPENDITURES, INVESTMENTS, OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THESE TERMS), ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL COMPANY EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY SERVICE, INFORMATION OR OPINION OBTAINED FROM THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES.
IF, NOTWITHSTANDING THE ABOVE, COMPANY IS LIABLE TO YOU OR ANY OTHER PERSON, THEN THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE WEBSITE OR ANY COMPANY SERVICES.
Company may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content to the Website including without limitation Information (such content is collectively referred to as "Third Party Content"). Company does not monitor or have any control over and is not liable for any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content or third party website and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility or liability to update or review any Third Party Content or third party websites. Users use these links, Third Party Content and third party websites at their own risk. THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY THIRD PARTY CONTENT YOU ENCOUNTER ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK.
The Website contains and provides information regarding or links to certain applications, websites and services provided or offered by third parties (collectively the "Third-Party Services"). Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Company assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Company is not responsible or liable for any Third-Party Services.
Company may run advertisements and promotions from third parties, including without limitation its non-profit clinical partners, on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Website.
You agree to defend, indemnify and hold harmless Company, its corporate affiliates, non-profit clinical partners, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any and all claims, demands, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees and expenses) arising out of or related to your access to or use of the Website and the Services, your inability to access or use the Website or the Services, or any wrongful conduct by you or any person for whom you are responsible under these Terms or at law, including without limitation any actual or threatened suit, demand or claim arising out of or relating to your conduct, your violation of these Terms or your violation of the rights of any third party. You will assist and co-operate as fully as reasonably required by Company in the defense of any such claim or demand. This Section 13 applies regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Company or any person for whom Company is responsible, and even if Company has been advised of the possibility of loss or damage being incurred.
These Terms and your use of the Website and the Services shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Website, the Services or these Terms shall be filed only in the courts of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Terms, Company reserves the right, without notice or liability to you and in its sole discretion, to terminate your license to use the Website or the Services, and to block or prevent your access to and use of the Website or the Services.
If your permission to access or use the Website or Services is terminated by you or Company for any reason, then these Terms will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom. Without limiting the generality of the foregoing, and notwithstanding any other provision of these Terms, Sections 1, 5, 6, 7, 8, 13, 14, 15, 16, 17, 18 and 19 of these Terms, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of your permission to access or use the Website or the Services, and remain in full force and effect.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to Company.