Website
Terms Of Use
1.AGREEMENT
Welcome to
Diabetes Insurance Group. Please read the following terms and conditions
carefully before using the site. By submitting information and clicking
through, You agree to be bound to these Terms of Use (the “Agreement”),
constituting a legally binding agreement by and between
DiabetesInsuranceGroup.com (hereinafter, “Diabetes Insurance Group”) and you
(in either case, “You” or “Your”) concerning Your use of Diabetes Insurance
Group’s website (the “Website”) and the services available through the Website
(the “Services”). We encourage you to print the Agreement or copy it to your
computer’s hard drive for your reference. By using the Website and Services,
You represent and warrant that You have read and understood, and agree to be
bound by, this Agreement and Diabetes Insurance Group’s Privacy Policy (the
“Privacy Policy”), which is incorporated herein by reference and made part of
this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE
BOUND BY IT OR THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR
SERVICES AND YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE
SERVICES.
2.PRIVACY POLICY
By using the
Website, You consent to the collection and use of certain information about
You, as specified in the Privacy Policy. Diabetes Insurance Group encourages
users of the Website to frequently check Diabetes Insurance Group’s Privacy
Policy for changes.
3.CHANGES TO AGREEMENT
AND PRIVACY POLICY
Internet
technology and the applicable laws, rules, and regulations change frequently.
ACCORDINGLY, Diabetes Insurance Group RESERVES THE RIGHT TO CHANGE THIS
AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY
THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR
RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF
AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE
WEBSITE AND CEASE USING THE SERVICES. Unless Diabetes Insurance Group obtains
Your express consent, any revised Privacy Policy will apply only to information
collected by Diabetes Insurance Group after such time as the revised Privacy
Policy takes effect, and not to information collected under any earlier Privacy
Policies.
4.ELIGIBILITY
BY USING THE
WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS
OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER
APPLICABLE LAW. Any individual using the Website or Services on behalf of a
company further represents and warrants that they are authorized to act and
enter into contracts on behalf of that company. This Agreement is void where
prohibited.
5.LICENSE
Subject to
Your compliance with the terms and conditions of this Agreement, Diabetes
Insurance Group grants You a non-exclusive, non-sublicensable, revocable as
stated in this Agreement, non-transferable license to use the Website and
Services. The Website, or any portion of the Website, may not be reproduced,
duplicated, copied, modified, sold, resold, distributed, transmitted, or
otherwise exploited for any commercial purpose without the express written
consent of Diabetes Insurance Group. All rights not expressly granted herein are
reserved by Diabetes Insurance Group. Without limitation, this Agreement grants
You no rights in or to the intellectual property of Diabetes Insurance Group or
any other party, except as expressly set forth herein. The license granted in
this section is conditioned on Your compliance with the terms and conditions of
this Agreement. Your rights under this section will immediately terminate in
the event that You breach, actually or potentially in the sole judgment of
Diabetes Insurance Group, any provision of this Agreement.
6.NO RELIANCE ON
THIRD-PARTY CONTENT
The
information on the Website is provided for matching purposes only. Diabetes
Insurance Group does not review or warrant the contents of any links to the
Website or on the Website. Diabetes Insurance Group is not responsible for any
material or information contained in linked sites or provided by sponsors.
Opinions, advice, statements, or other information made available by means of
the Website and Services by third-parties, are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely
responsible for such content. Diabetes Insurance Group does not: (i) guarantee
the accuracy, completeness, or usefulness of any third-party information
accessible on or through the Website; or (ii) adopt, endorse, or accept
responsibility for the accuracy or reliability of any opinion, advice or
statement made by a third-party by means of the Website and Services. Under no
circumstances will Diabetes Insurance Group be responsible for any loss or
damage resulting from your reliance on information or other content posted on
the Website or transmitted to or by any third-party.
7.ASSUMPTION OF RISK;
RELEASE
YOU KNOWINGLY
AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF
OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY
AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY
Diabetes Insurance Group AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND
ASSIGNS (COLLECTIVELY, THE “Diabetes Insurance Group PARTIES”) FROM ANY AND ALL
CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH,
EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU
OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
8.NO ATTORNEY-CLIENT
RELATIONSHIP
By using the
Website and Services, You hereby warrant and represent that You understand that
there is no attorney-client relationship between You and Diabetes Insurance
Group whatsoever. Diabetes Insurance Group should not be used as a substitute
for legal counsel.
Information
obtained through Diabetes Insurance Group is not to be construed or interpreted
as legal advice. Any information you submit to or through this website will not
be protected by attorney-client privilege, because Diabetes Insurance Group is
not Your attorney, nor is Diabetes Insurance Group holding itself out as Your
attorney. Diabetes Insurance Group does not offer legal advice,
recommendations, mediation or counseling under any circumstance. The
determination of whether a user needs legal services and a user's choice of a
lawyer should not be based on websites or advertisements.
As stated
throughout the Website, and without limitation, Diabetes Insurance Group
provides paid attorney/advocate advertisements, and a fee is paid by
participating attorneys and advocates. The Website is not an attorney referral
service or prepaid legal services plan. An automated matching system will match
each request with a member attorney/advocate representing the specific
geography.
The Website
and Services are privately owned and operated. The Website and Services are not
affiliated with or endorsed by Social Security Administration or any other
government agency.
Special State
Disclaimers Regarding Specialty Areas of Practice:
Alabama: No representation is
made that the quality of the legal services to be performed is greater than the
quality of legal services performed by other lawyers. Alabama Rules of
Professional Conduct Rule 7.2(e) (1997)
Alaska: The Alaska Bar
Association does not accredit or endorse certifying organizations. Alaska Rules
of Professional Conduct Rule 7.4(a)(2) (1998).
Colorado: Colorado does not
certify attorneys as specialists in any field.
Florida: The hiring of a lawyer
is an important decision that should not be based solely upon advertisements.
Before you decide, ask request free written information about a firm's
qualifications and experience. Florida Rules of Professional Conduct Rule
4-7.2(d) (1997).
Hawaii: There is no procedure
for review or approval of specialist certification organizations in Hawaii.
Hawaii Rules of Professional Conduct Rule 7.4(c) (1997).
Illinois: The Supreme Court of
Illinois does not recognize certifications of specialties in the practice of
law and that the certificate, award or recognition is not a requirement to
practice law in Illinois. Illinois Rules of Professional Conduct Rule 7.4(c)(2)
(1997).
Iowa: The determination of
the need for legal services and the choice of a lawyer are extremely important
decisions and should not be based solely upon advertisements or self-proclaimed
expertise. This disclosure is required by rule of the Supreme Court of Iowa.
Memberships and offices in legal fraternities and legal societies, technical
and professional licenses, and memberships in scientific, technical and
professional associations and societies of law or field of practice do not mean
that a lawyer is a specialist or expert in a field of law, nor do they mean
that such a lawyer is necessarily any more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any
agency or board has certified such lawyer as a specialist or expert in an
indicated field of law practice, nor does it mean that such lawyer is
necessarily any more expert or competent than any other lawyer. All potential
clients are urged to make their own independent investigation and evaluation of
any lawyer being considered. This notice is required by rule of the Supreme
Court of Iowa. See Iowa Code of Professional Responsibility DR 2-101(A), DR
2-101(C), DR 2-105(A)(3)(c) (1997).
Kentucky and Oregon: THIS
IS AN ADVERTISEMENT.
Massachusetts:
If a Massachusetts lawyer holds himself or herself out as "certified"
in a particular service, field or area of law by a non-governmental body, the
certifying organization is a private organization, whose standards for
certification are not regulated by the Commonwealth of Massachusetts. See
Massachusetts Code of Professional Responsibility DR 2-105(B) (1997).
Mississippi: The Mississippi
Supreme Court advises that a decision on legal services is important and should
not be based solely on advertisements. Free Background information is available
upon request to a Mississippi attorney. The listing of any area of practice by
a Mississippi attorney does not indicate any certification of expertise
therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule
7.4(a), Rule 7.6(a) (1997).
Missouri: Neither the Supreme
Court of Missouri nor the Missouri Bar reviews or approves certifying
organizations or specialist designations. Missouri Rules of Professional
Conduct Rule 7.4 (1997).
Nevada: The State Bar of
Nevada does not certify any lawyer as a specialist or expert. Nevada Rules of
Professional Conduct Rule 198 (1997).
New Jersey: Any certification as a
specialist, or any certification in a field of practice, that does not state
that such certification has been granted by the Supreme Court of New Jersey or
by an organization that has been approved by the American Bar Association,
indicates that the certifying organization has not been approved, or has been
denied approval, by the Supreme Court of New Jersey and the American Bar
Association. See New Jersey Rules of Professional Conduct Rule 7.4(b) (1997).
New Mexico: Any certification by
an organization other than the New Mexico Board of Legal Specialization does
not constitute recognition by the New Mexico Board of Legal Specialization,
unless the lawyer is also recognized by the board as a specialist in that area
of law. See New Mexico Rules of Professional Conduct Rule 16-704(D) (1997).
Rhode
Island:
The Rhode Island Supreme Court licenses all lawyers in the general practice of
law. The court does not license or certify any lawyer as an expert or
specialist in any field of practice. Rhode Island Rules of Professional Conduct
Rule 7.4 (1998).
Tennessee: Unless otherwise
indicated, Tennessee attorneys are not certified as specialists by the
Tennessee Commission on Continuing Legal Education and Specialization in the
areas of practice listed on their profiles. See Tennessee Code of Professional
Responsibility DR 2-101(C)(3) (1998).
Texas: Unless otherwise
indicated, Texas attorneys are Not Certified by the Texas Board of Legal Specialization
in the areas of practice listed on their profiles. See Texas Disciplinary Rules
of Professional Conduct Rule 7.04(b)(3) (1999).
Washington: The Supreme Court of
Washington does not recognize certification of specialties in the practice of
law. Any certificate, award, or recognition by a group, organization or
association used by a Washington attorney to describe his or her qualifications
as a lawyer or qualifications in any subspecialty of law is not a requirement
to practice law in the State of Washington. See Washington Rules of
Professional Responsibility Rule 7.4(b) (1997).
Wyoming: The Wyoming State Bar
does not certify any lawyer as a specialist or expert. Anyone considering a
lawyer should independently investigate the lawyer's credentials and ability,
and not rely upon advertisements or self-proclaimed expertise. Wyoming Rules of
Professional Conduct for Attorneys at Law Rule 7.4 (1997).
9.CONSENT TO RECEIVE
ELECTRONIC COMMUNICATIONS FROM DIABETES INSURANCE GROUP
Without
limitation, by providing your name, email, postal or residential address,
and/or phone number through the Website, you hereby expressly consent to
receive electronic communications, over the short term and periodically,
including email and short-message service (“SMS” or “text message”)
communications from Diabetes Insurance Group regarding the Services, new
product offers, promotions, and other matters. You may opt-out of receiving
electronic communications at any time by (a) following the unsubscribe
instructions contained in each electronic communication; or (b) sending an
email to info@DiabetesInsuranceGroup.com.
10.CONSENT TO RECEIVE
ELECTRONIC COMMUNICATIONS FROM DIABETES INSURANCE GROUP PARTNER ADVOCATES AND
ATTORNEYS
Without
limitation, by providing your name, email, postal or residential address,
and/or phone number through the Website, you hereby consent to receive and
openly and knowingly solicit electronic communications, including email and SMS
communications, from Diabetes Insurance Group's partner advocacies and
attorneys regarding their services, including offers, promotions, and other
related matters. You may opt-out of receiving electronic communications at any
time by (a) following the unsubscribe instructions contained in each
communication; or (b) sending an email to info@DiabetesInsuranceGroup.com.
11.THIRD-PARTY WEBSITES
The Website
is linked with the websites of third parties (“Third-Party Websites”), some of
whom may have established relationships with Diabetes Insurance Group and some
of whom may not. Diabetes Insurance Group does not have control over the
content and performance of Third-Party Websites. Diabetes Insurance Group has
not reviewed, and cannot review or control, all of the material, including
computer software or other goods or services, made available on or through
third-party websites. Accordingly, Diabetes Insurance Group does not represent,
warrant, or endorse any third-party website, or the accuracy, currency,
content, fitness, lawfulness, or quality of the information, material, goods,
or services available through third-party websites. Diabetes Insurance Group
disclaims, and you agree to assume, all responsibility and liability for any
damages or other harm, whether to you or to third parties, resulting from your
use of third-party websites.
12.PROHIBITED USES
Diabetes
Insurance Group imposes certain restrictions on Your use of the Website and the
Services. You represent and warrant that you will not: (a) “stalk” or otherwise
harass any person, or contact any person who has requested not to be contacted;
(b) provide false, misleading or inaccurate information to Diabetes Insurance
Group or any Diabetes Insurance Group partner; (c) impersonate, or otherwise
misrepresent affiliation, connection or association with, any person or entity;
(d) while, using the Website and Services, use “ad blocking” software or
similar built-in web browser options designed to hide, block or prevent the
proper display of online advertising; (e) modify or change the placement and
location of any advertisement appearing on the Website; (f) harvest or
otherwise collect information about Diabetes Insurance Group users, including
email addresses and phone numbers; (g) use or attempt to use any engine,
software, tool, agent, or other device or mechanism (including without
limitation browsers, spiders, robots, avatars, or intelligent agents) to
harvest or otherwise collect information from the Website for any use,
including without limitation use on third-party websites; (h) access content or
data not intended for You, or log onto a server or account that You are not
authorized to access; (i) attempt to probe, scan, or test the vulnerability of
the Services, the Website, or any associated system or network, or breach
security or authentication measures without proper authorization; (j) interfere
or attempt to interfere with the use of the Website or Services by any other
user, host, or network, including, without limitation by means of submitting a
virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (k)
use the Website or Services to send unsolicited e-mail, including without
limitation promotions or advertisements for products or services; (l) forge any
TCP/IP packet header or any part of the header information in any e-mail or in
any uploading or posting to, or transmission, display, performance or
distribution by means of, the Website or Services; or (m) attempt to modify,
reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to
reduce to a human-perceivable form any of the source code used by the Diabetes
Insurance Group Parties in providing the Website or Services, including without
limitation any fraudulent effort to modify software or any other technological
mechanism the use to measure the number of impressions generated by Diabetes
Insurance Group's Website. Any violation of this section may subject You to
civil and/or criminal liability.
13.INTELLECTUAL PROPERTY
(a)Compliance with Law
You represent
and warrant that, when using the Website and Services, You will obey the law
and respect the intellectual property rights of others. Your use of the Website
and Services is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property generally. You agree not
to upload, post, transmit, display, perform, or distribute any content,
information or other materials in violation of any third-party's copyrights,
trademarks, or other intellectual property or proprietary rights. YOU HEREBY
REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER
CONTENT THAT YOU SUBMIT TO THE WEBSITE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY
VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED
BY YOUR USE OF THE WEBSITE AND SERVICES. COMPANY BEARS THE SOLE BURDEN OF
PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR
THIRD-PARTY RIGHTS.
(b)Trademarks
Diabetes
Insurance Group and the “Diabetes Insurance Group logo” (collectively, the
“Diabetes Insurance Group Marks”) are trademarks or registered trademarks of
Diabetes Insurance Group. Other trademarks, service marks, graphics, logos, and
domain names appearing on the Website may be the trademarks of third-parties.
Neither Your use of the Website and Services nor this Agreement grant You any
right, title or interest in or to, or any license to reproduce or otherwise
use, the Diabetes Insurance Group Marks or any third-party trademarks, service
marks, graphics, logos, or domain names. You agree that any goodwill in the
Diabetes Insurance Group Marks generated as a result of Your use of the Website
and Services will inure to the benefit of Consumer Intel Solutions, LLC, and
You agree to assign, and hereby do assign, all such goodwill to Consumer Intel
Solutions, LLC. You shall not at any time, nor shall You assist others to,
challenge Consumer Intel Solutions, LLC’s right, title, or interest in or to,
or the validity of, the Diabetes Insurance Group Marks.
(c)Copyrighted
Materials; Copyright Notice
All content
and other materials available through the Website and Services, including
without limitation the Diabetes Insurance Group logo, design, text, graphics, and
other files, and the selection, arrangement, and organization thereof, are
either owned by Consumer Intel Solutions, LLC’s or are the property of Consumer
Intel Solutions, LLC’s licensors and suppliers. Except as explicitly provided,
neither Your use of the Website and Services nor this Agreement grant You any
right, title, or interest in or to any such materials.
(d) DMCA Policy
As Diabetes
Insurance Group asks others to respect Diabetes Insurance Group’s intellectual
property rights, Diabetes Insurance Group respects the intellectual property
rights of others. If you believe content located on or linked-to by the Website
violates Your copyright, you are encouraged to please immediately notify
Diabetes Insurance Group by means of emailed notice (“Infringement Notice”),
providing the information described herein. If Diabetes Insurance Group takes
action in response to an Infringement Notice, it will make a good faith attempt
to contact the party that made such content available by means of the most recent
email address, if any, provided by such party to Diabetes Insurance Group.
Please be advised that you may be held liable for damages based on certain
material misrepresentations contained in an Infringement Notice. Thus, if you
are not sure content located on or linked-to by the Website infringes your
copyright, you should consider first contacting an attorney.
All
Infringement Notices should include the following:
A signature,
electronic or physical, of the copyright owner or a person authorized to act on
their behalf;
An
identification of the copyright claimed to have been infringed;
A description
of the nature and location of the material that you claim to infringe your
copyright, in sufficient detail to permit Diabetes Insurance Group to find and
positively identify that material;
Your name,
address, telephone number and email address; and
A statement
by you: (i) that you believe in good faith that the use of the material that
you claim to infringe your copyright is not authorized by law, or by the copyright
owner or such owner's agent; and, (ii) under penalty of perjury, that all of
the information contained in your Infringement Notice is accurate, and that you
are either the copyright owner or a person authorized to act on their behalf.
Infringement
Notices should be sent to info@DiabetesInsuranceGroup.com with the subject line
“DMCA Notice – [INSERT YOUR NAME OR YOUR COMPANY’S NAME]”.
Diabetes
Insurance Group will respond to all such notices, including as required or
appropriate by removing the offending material or disabling all links to the
offending material.
14.DISCLAIMERS;
LIMITATION OF LIABILITY
(a)NO WARRANTIES.
WITHOUT
LIMITATION, ANY INFORMATION REGARDING OUR ATTORNEY AND ADVOCATE SPONSORS HAS
BEEN PROVIDED BY THE SPONSORS AND HAS NOT BEEN VERIFIED BY
DIABETESINSURANCEGROUP.COM. DIABETESINSURANCEGROUP.COM DOES NOT WARRANT THE
VALIDITY OF THE INFORMATION, NOR DOES IT GUARANTEE THE QUALITY OF THE WORK
PRODUCT. THE DETERMINATION OF THE NEED FOR LEGAL SERVICES AND THE CHOICE OF A
LAWYER ARE EXTREMELY IMPORTANT DECISIONS AND SHOULD NOT BE BASED SOLELY UPON
ADVERTISEMENTS OR SELF-PROCLAIMED EXPERTISE. A DESCRIPTION OR INDICATION OF
LIMITATION OF PRACTICE BY A LAWYER DOES NOT MEAN THAT ANY AGENCY OR BOARD HAS
CERTIFIED SUCH LAWYER AS A SPECIALIST OR EXPERT IN ANY INDICATED FIELD OF LAW
PRACTICE, NOR DOES IT MEAN THAT SUCH LAWYER IS NECESSARILY ANY MORE EXPERT OR
COMPETENT THAN ANY OTHER LAWYER. ALL POTENTIAL CLIENTS ARE URGED TO MAKE THEIR
OWN INDEPENDENT INVESTIGATION AND EVALUATION OF ANY LAWYER BEING CONSIDERED.
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, DIABETES INSURANCE GROUP, ON BEHALF OF ITSELF
AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF
LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO
ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE. NEITHER DIABETES INSURANCE GROUP NOR ITS
LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE. THE LIABILITY OF DIABETES INSURANCE GROUP FOR DAMAGES ARISING
OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT,
ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE
FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY
OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW. DIABETES INSURANCE GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR
OMISSIONS OF DIABETES INSURANCE GROUP, DIABETES INSURANCE GROUP PARTIES, OR
DIABETES INSURANCE GROUP USERS, OR THEIR AGENTS OR REPRESENTATIVES.
(b)YOUR RESPONSIBILITY
FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE
THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT
HOLD Diabetes Insurance Group OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE,
RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF
THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR
COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS, OR OTHER LIMITATIONS.
IMPORTANTLY,
YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD
RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND
UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL
COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
(c)LIMITATION OF
LIABILITY
THE LIABILITY
OF DIABETES INSURANCE GROUP AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DIABETES INSURANCE GROUP OR
ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF
PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET
ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE,
NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR
OF ANY ADVICE OR NOTICE GIVEN TO DIABETES INSURANCE GROUP OR ITS LICENSORS AND
SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR
SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE
OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
ADDITIONALLY, THE MAXIMUM LIABILITY OF DIABETES INSURANCE GROUP AND ITS
LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE
THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK
AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DIABETES
INSURANCE GROUP AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS.
(d)APPLICATION
THE ABOVE
DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER
DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER
AGREEMENT BETWEEN YOU AND DIABETES INSURANCE GROUP OR BETWEEN YOU AND ANY OF
DIABETES INSURANCE GROUP’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN
DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW,
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. DIABETES
INSURANCE GROUP’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY
BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR
OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS
SECTION.
15.YOUR REPRESENTATIONS
AND WARRANTIES
Without
limitation, You represent and warrant that Your use of the Website and Services
will be in accordance with this Agreement and any other Diabetes Insurance
Group policies, and with any applicable laws or regulations.
16.INDEMNITY BY YOU
Without
limiting any indemnification provision of this Agreement, You (the
“Indemnitor”) agree to defend, indemnify and hold harmless Diabetes Insurance
Group and the Diabetes Insurance Group Parties (collectively, the
“Indemnitees”) from and against any and all claims, actions, demands, causes of
action, and other proceedings (collectively, “Claims”), including but not
limited to legal costs and fees, and providing sole and exclusive control of
the defense of any action to Diabetes Insurance Group, including the choice of
legal counsel and all related settlement negotiations, arising out of or
relating to: (i) the relationship between You and Diabetes Insurance Group,
whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory; (ii) Your breach of this Agreement, including without
limitation any representation or warranty contained in this Agreement; (iii)
Your access to or use of the Website or Services; (iv) Your provision to
Diabetes Insurance Group or any of the Indemnitees of information or other
data; or (v) Your violation or alleged violation of any foreign or domestic,
international, federal, state, or local law or regulation; or (vi) Your
violation or alleged violation of any third party’s copyrights, trademarks, or
other intellectual property or proprietary rights.
The
Indemnitees each have the individual right, but not the obligation, to
participate through counsel of their choice in any defense by You of any Claim
as to which You are required to defend, indemnify, or hold harmless any, each,
and/or all Indemnitees. You may not settle any Claim without the prior written
consent of the concerned Indemnified Parties.
Without
limitation, the Indemnitor also hereby agrees to compensate Diabetes Insurance
Group for any and all lost revenues, future lost profits, and reasonable search
costs and any other reasonable expenses resulting from any Indemnitor violation
of Section 18 of this Agreement (Prohibited Uses), including without
limitation, any suspension of affiliate accounts or affiliate payment
attributable to fraudulent efforts to manipulate or otherwise modify reported
impressions generated by the Diabetes Insurance Group Parties under any
affiliate advertising agreement.
17.GOVERNING LAW;
JURISDICTION AND VENUE
(a)1-Year Limitations
Period
ANY CAUSE OF
ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS
AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE
LIMITATIONS SET FORTH IN ABOVE.
(b)Binding Arbitration
If You and
Diabetes Insurance Group cannot resolve a Claim through negotiations, either
party may elect to have the Claim finally and exclusively resolved by binding
arbitration. Any election to arbitrate by one party shall be final and binding
on the other(s). YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS
ACTION. The language in this Agreement shall be interpreted in accordance with
its fair meaning and not strictly for or against either party.
The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association (“AAA”), as modified by this
Agreement, available at the AAA website www.adr.org
or by calling the AAA at 1-800-778-7879. Except as otherwise provided for
herein, Diabetes Insurance Group will pay the AAA filing, administration, and
arbitrator fees. If, however, the arbitrator finds that either the substance of
your claim or the relief sought is frivolous or brought for an improper purpose
(as measured by the standards set forth in Federal Rule of Civil Procedures
11(b)), then the payment of all such fees will be governed by the AAA Rules. In
that case, You hereby agree to reimburse Diabetes Insurance Group for all
payments disbursed that are your obligation to reimbursed under the AAA Rules.
If you are unable to pay the arbitration fee, Diabetes Insurance Group will pay
it directly upon receiving a written request and a sworn statement that you are
unable to pay. The arbitrator is bound by the terms of this Agreement. All
issues are for the arbitrator to resolve, except that issues relating to the
enforceability of the arbitration provision for a Court of Competent
Jurisdiction to resolve. The arbitration may be conducted in person, through
document submission, through telephone, or online. The arbitrator will issue a
decision in writing, but need only provide a statement of reasons if requested
by a party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Diabetes Insurance Group may
litigate to compel arbitration in court, to stay proceedings pending
arbitration, or to modify, confirm, vacate, or enter judgment on the award
entered by the arbitrator.
(c)Restrictions Against
Joinder of Claims
You and
Diabetes Insurance Group agree that any arbitration shall be limited to each
Claim individually. YOU AND Diabetes Insurance Group HEREBY AGREE THAT EACH MAY
ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR Diabetes Insurance Group’S
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be
unenforceable, then, to the full extent allowable under applicable law, (1) no
arbitration shall be joined with any other arbitration, and (2) there is no
right for any Claim to be arbitrated on a class-action basis or to employ class
action procedures, and (3) there is no right of authority for any dispute to be
brought in a purported representative capacity on behalf either of the general
public or any other individuals.
(d)Remedies in Aid of
Arbitration; Equitable Relief
This
agreement to arbitrate will not preclude You or Diabetes Insurance Group from
seeking provisional remedies in aid of arbitration, including without
limitation orders to stay a court action, compel arbitration or confirm an
arbitral award, from a Court of Competent Jurisdiction. Furthermore, this
agreement to arbitrate will not preclude You or Diabetes Insurance Group from
applying to a court of competent jurisdiction for a temporary restraining
order, preliminary injunction, or other interim or conservatory relief, as
necessary. As used herein, “Court of Competent Jurisdiction” means any federal
or state court: (1) that has jurisdiction over the subject matter; and (2) that
is located in the State of Colorado.
(e)Laws of the State of
Colorado
This
Agreement, including without limitation this Agreement’s interpretation, shall
be treated as though this Agreement were executed and performed in the State of
Colorado and shall be governed by and construed in accordance with the laws of
the State of Colorado without regard to its conflict of law principles. The
language in this Agreement shall be interpreted in accordance with its fair
meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY
JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS
AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO DENVER,
COLORADO. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO,
THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY
SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
18.TERMINATION
(a)BY DIABETES INSURANCE
GROUP
WITHOUT
LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, DIABETES INSURANCE GROUP
RESERVES THE RIGHT TO, IN DIABETES INSURANCE GROUP’S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY
PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR
ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b)AUTOMATIC TERMINATION
UPON BREACH BY YOU
This
Agreement shall automatically terminate in the event that You breach any of
this Agreement’s representations, warranties, or covenants. Such termination
shall be automatic, and shall not require any action by Diabetes Insurance
Group.
(c)BY YOU
You may
terminate this Agreement and Your rights hereunder at any time, for any or no
reason at all, by providing to Diabetes Insurance Group notice of Your
intention to do so, in the manner required by this Agreement.
(d)EFFECT OF TERMINATION
Any
termination of this Agreement automatically terminates all rights and licenses
granted to You under this Agreement, including all rights to use the Website
and Services. Upon termination, Diabetes Insurance Group may, but has no
obligation to, in Diabetes Insurance Group’s sole discretion, rescind any
services and/or delete from Diabetes Insurance Group’s systems all Your
Personal Information and any other files or information that You made available
to Diabetes Insurance Group or that otherwise relate to Your use of the Website
or Services. Upon termination, You shall cease any use of the Website and
Services. Subsequent to termination, Diabetes Insurance Group reserves the
right to exercise whatever means it deems necessary to prevent Your
unauthorized use of the Website and Services, including without limitation
technological barriers such as IP blocking and direct contact with Your
Internet Service Provider.
(e)LEGAL ACTION
If Diabetes
Insurance Group, in Diabetes Insurance Group’s discretion, takes legal action
against You in connection with any actual or suspected breach of this
Agreement, Diabetes Insurance Group will be entitled to recover from You as
part of such legal action, and You agree to pay, Diabetes Insurance Group’s
reasonable costs and attorneys’ fees incurred as a result of such legal action.
The Diabetes Insurance Group Parties will have no legal obligation or other
liability to You or to any third party arising out of or relating to any
termination of this Agreement.
(f)SURVIVAL
Upon
termination, all rights and obligations created by this Agreement will
terminate, except that Sections 1, 2, 4-8, and 11-21 will survive any
termination of this Agreement.
19.NOTICES
All notices
required or permitted to be given under this Agreement must be in writing.
Diabetes Insurance Group shall give any notice by email sent to the most recent
email address, if any, provided by the intended recipient to Diabetes Insurance
Group. You agree that any notice received from Diabetes Insurance Group
electronically satisfies any legal requirement that such notice be in writing.
YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE
WITH DIABETES INSURANCE GROUP IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL
BE DEEMED EFFECTIVE UPON THE SENDING BY DIABETES INSURANCE GROUP OF AN EMAIL TO
THAT ADDRESS. YOU SHALL GIVE ANY NOTICE TO DIABETES INSURANCE GROUP BY MEANS OF
EMAIL TO info@DiabetesInsuranceGroup.com.
20.PARTIAL INVALIDITY
Should any
part of this Agreement be declared invalid, void, or unenforceable by a Court
of Competent Jurisdiction, such decision shall not affect the validity of any
remaining portion hereof, which shall remain in full force and effect, and the
parties hereby acknowledge and agree that they would have executed the
remaining portion hereof without including the part so declared by a Court of
Competent Jurisdiction, to be invalid, void, or unenforceable.
21.GENERAL
This Agreement constitutes
the entire agreement between Diabetes Insurance Group and You concerning Your
use of the Website and Services. This Agreement may only be modified by a
written amendment signed by an authorized executive of Diabetes Insurance Group
or by the unilateral amendment of this Agreement by Diabetes Insurance Group
and by the posting by Diabetes Insurance Group of such amended version. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. This Agreement and all of Your rights and
obligations hereunder will not be assignable or transferable by You without the
prior written consent of Diabetes Insurance Group. This Agreement will be
binding upon and will inure to the benefit of the parties, their successors,
and permitted assigns. You and Diabetes Insurance Group are independent
contractors, and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by this Agreement. Except for the Diabetes Insurance
Group Parties and the Indemnified Parties as and to the extent set forth in
Sections 12, 14, 16, 18(e), and in this paragraph, and Diabetes Insurance
Group’s licensors and suppliers as to the extent expressly stated in this
Agreement, there are no third-party beneficiaries to this Agreement. You
acknowledge and agree that any actual or threatened breach of this Agreement or
infringement of proprietary or other third-party rights by You would cause
irreparable injury to Diabetes Insurance Group and Diabetes Insurance Group’s
licensors and suppliers, and would therefore entitle Diabetes Insurance Group
or Diabetes Insurance Group’s licensors or suppliers, as the case may be, to
injunctive relief. The headings in this Agreement are for the purpose of convenience
only and shall not limit, enlarge, or affect any of the covenants, terms,
conditions or provisions of this Agreement.