BEATDiabetes (“BEATDiabetes”, “we”, “us”, or “our”) owns all right, title, and interest in and to the website located at [www.beatT2diabetes.com] (the “Website”) and the mobile-web and SMS interface and text messages (the “Services”), which are provided to you to enable submission of information that we may use to provide mobile health services and to deliver content to you to help aid in the management of Type 2 diabetes. We welcome you to use our Services and wish to inform you about some important points to consider while using the Services. We have established the following terms and conditions (the “Agreement”) as a legal contract between you and us.  All references to “you” or “your” refer to you and any entity on behalf of which you use the Services.  By using the Services, you agree that this Agreement governs your use of the Services.

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BY ACCESSING THE WEBSITE OR ENROLLING IN SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, ACCESS, OR ENROLL IN THE SERVICES.

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We may modify this Agreement at any time.  All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement.  Your use of the Services after a modification to this Agreement constitutes your acceptance of the terms of this Agreement, as modified. 

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You should also review our Privacy Policies (Website Privacy Policy and Notice of Privacy Practices), the terms of which are incorporated herein by reference and made a part of this Agreement.

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1. OWNERSHIP

 

BEATDiabetes owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content contained in the Services, as well as the collection, design, selection and arrangement thereof (collectively, the ”BEATDiabetes Materials”). The names, marks, and logos appearing on the Services (collectively, the “Trademarks”) are owned by or licensed to BEATDiabetes and are used by BEATDiabetes with permission of the owner.  The Trademarks and BEATDiabetes Material are protected by trademark, copyright, and other intellectual property laws. BEATDiabetes requires you to respect all intellectual property rights that we have or may have in and to the BEATDiabetes Material and in the Trademarks.

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  2. MOBILE SERVICES

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We transmit text messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) as a feature of the Services.  When you enroll on our Website or contact us to enroll in the Services and provide us a phone number, you are subscribing (opting in) to receiving messages from us.  You may be asked to verify your mobile phone number before service will start.  This requires responding to a text alert sent to your mobile phone to confirm your enrollment in the Services.  You acknowledge that whoever has access to the mobile phone or carrier account will be able to see these text messages.  To unsubscribe (or opt out) of receiving text messages, text “STOP” to and you will be removed from our SMS text messaging service.  We will send you an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you re-activate your enrollment on our Website or by contacting BEATDiabetes.   BEATDiabetes does not charge consumers to send or receive text or email messages. However, your mobile wireless carrier’s message and data rates may apply.  You are solely responsible for all message and data charges.  Please contact your service provider about such charges. 

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Messages sent via SMS may not be delivered to you if your phone is not in range of a transmission site, if your carrier makes a change to your service or coverage, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including your equipment, nearby terrain, proximity to buildings, foliage, and weather.  The text messaging service is offered on an “as is” basis.  You acknowledge BEATDiabetes is not responsible for any technical failures, delays or the final delivery of the message as this is out of our control and is the responsibility of the cellular telephone operator, Internet service provider, other network, or end user.  BEATDiabetes reserves the right to cease delivery of text alerts to any person at any time in its sole discretion. 

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  3. LICENSE

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BEATDiabetes hereby grants you a limited, non-exclusive, revocable, non-transferable license to view and use the Services in accordance with the terms of this Agreement.  You may view, print, or save copies of BEATDiabetes Material as required to use the Services. This license is contingent upon your full compliance with the terms and conditions of this Agreement and any other terms and conditions applicable to you as a subscriber. You agree to retain all proprietary notices on any copy you make of BEATDiabetes Material. This license does not give you any ownership or other intellectual property right, title or interest in any BEATDiabetes Material or the Trademarks.

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Other than as required to facilitate your permissible use of any Services, you may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any BEATDiabetes Material. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the BEATDiabetes Material for any purpose not expressly permitted by this Agreement without written permission from BEATDiabetes is strictly prohibited.

 

All rights not expressly granted to you under this Agreement are reserved by BEATDiabetes.

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  4. PERSONAL INFORMATION

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You may be required to submit information such as your name, physical address, e-mail address, home and mobile telephone numbers, or birth date (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Policies (Website Privacy Policy and Notice of Privacy Practices).

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  5. COMMUNICATIONS WITH YOU

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BEATDiabetes may communicate with you via email, text, or phone regarding your use of the Services.  You agree to receive email and text communications from BEATDiabetes or its designees that are necessary for the normal functioning of the Website or in connection with the Services.

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  6. PERMITTED USES OF THE SERVICES

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The Website provides both general information concerning our business and services and provides a web-based portal for you to submit information to us. As a condition of your use of the Website and Services, you agree that:

• You are an individual person or an authorized person at least 18 years of age;

• You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Website or in any text message or on any of the BEATDiabetes Materials;

• You will not post, upload or share any content or information that is false, inaccurate or misleading;

• You will not post, upload or share any content or information that contains any virus, worm, malware or other potentially damaging programs or data; and

• You will not use the Services in a manner inconsistent with any applicable laws and regulations.

 

You agree that disputes arising from an alleged violation of intellectual property rights may result in BEATDiabetes suffering irreparable harm and that, in the event of such a dispute, BEATDiabetes and/or its affiliates may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies and you hereby consent to BEATDiabetes obtaining any such relief without the requirement to post a bond or other security.

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BEATDiabetes reserves the right to investigate and take appropriate legal action against anyone who, in BEATDiabetes’ sole discretion, violates this Agreement, including without limitation, reporting such violations to law enforcement authorities. 

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  7. TERMINATION

 

BEATDiabetes may at any time, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. BEATDiabetes reserves the right to terminate you as a user and prevent you from accessing the Website and Services at any time and for any reason, including but not limited to your violation of this Agreement or the law.  The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the BEATDiabetes Material and obligates you to immediately destroy any copies of the BEATDiabetes Material in your possession.

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  8. PROFESSIONAL ADVICE DISCLAIMER

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BEATDiabetes provides health information for informational purposes only, which should not be construed as personalized medical advice.  The information provided in the Website, through links to other third party sites, or through the Services, is not a substitute for obtaining proper medical or other professional care or services.  We are not engaged in providing personalized medical advice via the Website, the Services, or otherwise.  You should not view the information provided on the BEATDiabetes Website or Services as a substitute for medical advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical professional.  You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained within the Website or Services.  BEATDiabetes does not warrant the accuracy, completeness or currency of the information provided on and made available through the Website or the Services.  BEATDiabetes does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Website or through the Services.

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Publication of the content appearing on the Website or the Services does not necessarily constitute an endorsement of the views expressed therein, and does not constitute a warranty or guarantee of any strategy, advice, recommendation, treatment, action, or medication.  The Website and Services should not be construed as providing specific instructions for individual patients, nor as a substitute for the diagnosis, treatment and advice of a medical or other professional.  Any content contained on the Website or through the Services should not be used to determine treatment for a specific medical condition.  Health content does not cover all possible uses, precautions, side effects and interactions, and should not be construed as a representation or assurance that any drug or procedure is safe, appropriate or beneficial.  Talk to a licensed doctor or pharmacist before using any prescription or over the counter drugs, including any herbal medicines or supplements.  Only a licensed doctor or pharmacist can provide you with advice on what is safe and effective for you.  You should also check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mentioned on the Website or through the Services. 

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  9. DRAWING DISCLAIMER - FAILURE TO CLAIM PRIZE

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After a BEATDiabetes drawing is held, BEATDiabetes will notify the drawing winner by text message using the same mobile phone number the participant uses to receive program messages. A request will be made for the winner to respond by text or phone to claim their prize. If there is no response to the initial message, BEATDiabetes will send follow-up text messages on each of the next 2 consecutive days. If a winner fails to claim their prize within 5 calendar days of the initial message, the drawing will be repeated and a new winner chosen.

 

  10. DISCLAIMER OF WARRANTIES

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THE SERVICES, the website and THE BEATDiabetes MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  BEATDiabetes, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTies OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

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You expressly agree that use of the Services is at your sole risk.  Neither BEATDiabetes, nor any of its employees or agents or any of their officers, directors, employees or agents, warrant that use of the Services will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Services or relying on the BEATDiabetes Materials, (ii) the accuracy, completeness, timeliness, legality, reliability or content of any information offered through the Services, (iii) any opinion, information, advice or statement expressed by BEATDiabetes on the Services, (iv) the quality of any products, services, information, or other material that you obtain from the Services will meet your expectations,  or (v) the files available for downloading from the Website, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.   

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  11. LIMITATION OF LIABILITY

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YOUR USE OF THE WEBSITE, SERVICES, AND BEATDIABETES MATERIAL IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEATDIABETES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, LOST PROFITS OR ANY OTHER SIMILAR DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE OR, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEATDIABETES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BEATDIABETES OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY NATURE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE SERVICES, THE WEBSITE OR BEATDIABETES MATERIALS. BEATDIABETES SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE WEBSITE OR THE SERVICES.

BEATDIABETES ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. BEATDIABETES IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR THE SERVICES. 

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  12. INDEMNIFICATION

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You agree to defend, indemnify, and hold harmless BEATDiabetes, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, and agents from and against any action, claim, demand, damages, loss, costs or expenses (including but not limited to attorneys’ fees and court costs) arising out of: (i) your use of the, Website, the Services or the BEATDiabetes Material; (ii) any conduct by you that violates the terms of this Agreement.

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  13. THIRD PARTY WEBSITES

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The Website and Services may contain links to third party websites. BEATDiabetes is not responsible for the content, accuracy or opinions expressed on such websites. When you access these third party websites, you do so at your own risk and become subject to the terms of use and privacy policies of those third party websites.  

 

  14. COMPLIANCE WITH LAWS

You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries. 

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  15. ADDITIONAL TERMS

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Occasionally, BEATDiabetes may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.

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  16. GENERAL PROVISIONS

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This Agreement is governed by the laws of Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in Charlottesville, Virginia, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services.

BEATDiabetes’ failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.

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BEATDiabetes may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of BEATDiabetes. 

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.

 

Except as expressly provided elsewhere in respect of the Services, this Agreement constitutes the entire agreement between you and BEATDiabetes with respect to your use of the Services and the Website.

 

Last updated: 3/2/21