Date Last Revised: November 24, 2019
- Accepting the Terms
- Description of the Service
- Medical Disclaimer
- Mobile Message Service Terms and Conditions
- Privacy and Your Personal Information
- Offers and Third-Party Links
- Your Use of the Service
- Use With Your Mobile Device
- Online and Mobile Alerts
- Rights You Grant To Us
- DWTK’s Intellectual Property Rights
- Rules for Posting
- Access and Interference
- Social Media Sites
- Disclaimer of Representations and Warranties
- Alert Disclaimer
- Limitations on DWTK’s Liability
- Your Indemnification of DWTK
- Governing Law and Forum for Disputes
1. Accepting the Terms
By using the information, tools, software, features and functionality including content, updates and new releases located on DiabetesWhatToKnow.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the DiabetesWhatToKnow.com website)
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with DWTK.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Description of the Service
The Service is an educational program that helps Visitors learn about
diabetes and what they can do to manage their diabetes. DWTK allows an open community of Visitors to share information about and inspiration on diabetes management. DWTK provides tools to help Visitors track their health. The Service may also present information relating to third party products or services (“DWTK Offers”).
The Service is provided to you by DWTK without charge (it is free) and is meant as an aid to assist you staying healthy. It is not intended to provide medical advice.
3. Medical Disclaimer
The medical information on this site is provided as an information resource only. The Content (text, graphics, images and other materials contained on the Site) is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is not to be used or relied on for any diagnostic or treatment purposes. This information does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Similarly, please consult your physician or health care provider before making any healthcare decisions or for guidance about a specific medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Diabetes—What To Know site! If you think you may have a medical emergency, call your doctor or 911 immediately.
DWTK expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. DWTK does not endorse specifically any test, treatment, or procedure mentioned on the site.
By visiting this site you agree to the foregoing terms and conditions, which may from time to time be changed or supplemented by DWTK. If you do not agree to the foregoing terms and conditions, you should not enter this site.
4. Diabetes – What To Know Mobile Message Service Terms and Conditions
Last updated: 3/9/23
The Diabetes On The Go mobile message service (the “Service”) is operated by Diabetes – What To Know (“DWTK”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Diabetes – What To Know’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Diabetes – What To Know through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information. Promotional messages may include promotions and other marketing offers.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Diabetes – What To Know. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (833) 690-3100 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Diabetes – What To Know mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 690-3100 or email us at email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice here.
5. Privacy and your Personal Information
6. Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and display Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Offer is sponsored.
In connection with Offers, the Service will provide links to other web sites belonging to DWTK advertisers and other third parties. DWTK does not endorse, warrant or guarantee the products or services available through the Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and DWTK is not an agent or broker or otherwise responsible for the activities or policies of those web sites. If you enter into correspondence or engage in commercial transactions with third parties in connection with the Offers, such activity is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such activity. You hereby release us from all claims arising from such activity.
7. Your Use of the Service
Your right to access and use DiabetesWhatToKnow.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use DiabetesWhatToKnow.com for lawful purposes.
Your access and use of DiabetesWhatToKnow.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of DiabetesWhatToKnow.com or other actions that WTK, in its sole discretion, may elect to take.
From time to time, DWTK may include new and/or updated pre-release features and trial use in the Service for your use and which permit you to provide feedback. You understand and agree that your use of any of these features is voluntary and DWTK is not obligated to provide you with any features. You acknowledge and agree that all use of the features of the website is at your sole risk.
You agree that DWTK may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant DWTK a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to DWTK in any way. DWTK will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
8. Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. DWTK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
9. Online and Mobile Alerts
DWTK may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your DWTK account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. DWTK may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Electronic alerts will be sent to the email address you have provided as your primary email address for DiabetesWhatToKnow.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
10. DWTK’s Intellectual Property Rights
The contents of DiabetesWhatToKnow.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of DiabetesWhatToKnow.com belong or are licensed to DWTK or its software or content suppliers. DWTK grants you the right to view and use DiabetesWhatToKnow.com subject to these terms. You may download or print a copy of information provided on DiabetesWhatToKnow.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from DiabetesWhatToKnow.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
11. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor DiabetesWhatToKnow.com or any portion of DiabetesWhatToKnow.com , without DWTK’s express written consent, which may be withheld in DWTK’s sole discretion;
- 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 navigate or search DiabetesWhatToKnow.com , other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of DiabetesWhatToKnow.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of DiabetesWhatToKnow.com or the Service.
12. Rules for Posting
As part of the Service, DWTK allows Visitors to post content on bulletin boards, blogs and at various other publicly available locations on DiabetesWhatToKnow.com . These forums may be hosted by DWTK or by one of our third party service providers on DWTK’s behalf. You agree in posting content to follow certain rules.
- You are responsible for all content you submit to DiabetesWhatToKnow.com .
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with DiabetesWhatToKnow.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Visitor a non-exclusive license to access your posted content through DiabetesWhatToKnow.com , and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of DiabetesWhatToKnow.com and under this Agreement.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of DiabetesWhatToKnow.com , deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements);chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback or any material you provide to us in any way.
13. Social Media Sites
14. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH DiabetesWhatToKnow.com OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DWTK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF DiabetesWhatToKnow.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
DWTK MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON DiabetesWhatToKnow.com OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DWTK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
15. Not a Medical Professional.
NEITHER DWTK NOR THE SERVICE IS INTENDED TO PROVIDE MEDICAL ADVICE OR RECOMMENDATION. DWTK IS NOT A MEDICAL PROFESSIONAL. The Service is intended only to provide information about diabetes that may help you work with your healthcare professional team to determine the right treatment plan for you. Your medical situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should always talk to your doctor who is fully aware of your individual circumstances.
16. Limitations on DWTK’s Liability
DWTK SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO DiabetesWhatToKnow.com , YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF DWTK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DWTK’s LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
17. Your Indemnification of DWTK
You shall defend, indemnify and hold harmless Diabetes – What To Know and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
DWTK may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the DiabetesWhatToKnow.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
19. Governing Law and Forum for Disputes
This Agreement, and your relationship with DWTK under this Agreement, shall be governed by the laws of the State of Georgia without regard to its conflict or choice of laws provisions. Any dispute with DWTK or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Georgia within the county of Dekalb, Georgia except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case DWTK may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, DWTK is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with DWTK, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if DWTK does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which DWTK has the benefit of under any applicable law), this will not be taken to be a formal waiver of DWTK’s rights and that those rights or remedies will still be available to DWTK.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and DWTK regarding the subject matter of the same, and supersedes all other previous agreements.