User Agreement - MyDiabetesEducator.org

Welcome to MyDiabetesEducator.org, a service of dLife® and LifeMed Media, Inc.!

dLife, a service of LifeMed Media, Inc. (referred to as "dLife", "we", "us" or "our", as applicable) provides you with access to our web site located at www.mydiabeteseducator.org including all text, content, information and data (collectively, the "Content") available therein (together, the "Site") subject to the terms and conditions contained in this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully. By accessing or using this Site, you agree without restriction to be bound by this Agreement. If you do not agree to follow and be bound by this Agreement, you may not access, use or download materials from this Site.

AGREEMENT REVISIONS. dLife reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage you to review this Agreement each time you use this Site. This Agreement was last revised as of the date indicated above.
ACCOUNT REGISTRATION. Some of the functions of this Site may require creation of an account with us. In order to register an account with MyDiabetesEducator.org, you must be at least 18 years of age and a legal resident of the United States. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person's authorization. Failure to comply with the above shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password. You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify dLife of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.
INTELLECTUAL PROPERTY.
1. Permitted Use. Subject to the terms and conditions of this Agreement, dLife grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display the Site and Content on any computers for your personal and/or educational non-commercial use only (the "Permitted Uses"). You may download and print Content from the Site for your own personal, non-commercial use only, provided the Content is not modified in any way you keep intact all copyright and other proprietary notices and you include the phrase, "Used with permission of MyDiabetesEducator.org and dLife, a LifeMed Marketing Inc." when you display or otherwise use the Content. You agree to use the Content only for lawful purposes and for the Permitted Uses. No other use of the Content is authorized. You are prohibited from any use of the Content that would constitute an illegal offense, give rise to liability or otherwise violate any applicable laws or regulations or this Agreement. No right, title, or interest in Content is transferred to you as a result of your use of the Content.
2. Additional Restrictions. The limited license granted to you pursuant to this Agreement does not include any resale or commercial use of the Content; any derivative use of the Content. You may not reproduce, duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose the Site, the Content, or any portion of the foregoing, without express written consent of dLife. None of the Content may be retransmitted without the express written consent of dLife, nor may it be used on any other web site or stored on any networked computer environment. Content reproduction requests may be submitted to dLife at info@dlife.com.You may not use any metatags or any other "hidden text" utilizing dLife's name or trademarks without the express written consent of dLife. Any unauthorized use terminates the permission and/or license granted by dLife without the need for further action by dLife.
3. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others and we ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
  - an electronic or physical signature of the person authorized to act on behalf or the owner of the copyright interest;
  - a description of the copyrighted work that you claim has been infringed;
  - a description of where the material that you claim is infringing is located on the Site;
  - your address, telephone number and email address;
  - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. Our agent may be contacted as follows: Mike Tedesco, CTO, dLife, a Service of LifeMed Media, Inc., 101 Franklin Street, Westport, CT 06880. Please also provide a copy of all notices of claims of copyright infringement to: Jacqueline Klosek, Goodwin Procter LLP, 103 Eisenhower Parkway, Roseland, NJ 07068
4. Trademark Notice. All of the trademarks, service marks and logos displayed on this Site (the "Trademark(s)") are registered and unregistered trademarks of dLife, its affiliates, or third parties. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of dLife or the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks found on the Site is strictly prohibited. Please note that the names of the companies and products mentioned on this site may be trademarks of their respective owners. dLife® is a registered service mark of LifeMed Media, Inc.
LINKING AND FRAMING.
1. Links to Other Websites. This Agreement applies only to this Site. This Site may frame or contain references or links to other web sites that are not operated by dLife (the "Third Party Sites"). These references and/or links to the Third Party Sites are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these Third Party Sites or any association with their operators. dLife does not control these Third Party Sites and is not responsible for their content. The Third Party Sites (and the Web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party Sites (and any Web sites to which they link) is solely at your own risk. Please note that the Third Party Sites are governed by their specific terms and conditions and privacy policies. We recommend that you carefully read those documents upon your entry to those Third Party Sites.
2. No Framing Allowed. Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking or mirrors. None of the Content for our Site may be retransmitted without the express written consent of dLife. If you are interested in linking to our Site, Contact Us for more information.
DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, dLife advertisers found on or through the Site (e.g., through display ads), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that we are not responsible nor shall we be liable for loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.
You further agree not to post material of a commercial nature on individual educator subsites on the Site. Commercial posts refer to those that benefit the poster monetarily in some way, including but not limited to the display of product, brand, and corporate graphics. In some cases, product or service posts of a non-commercial nature may be allowed. You understand that dLife reserves the right to edit or delete any user content that it deems inappropriate.
SITE PRIVACY POLICY.
By accessing the Site, you are agreeing to be legally bound by the dLife Privacy Policy. The Privacy Policy in its entirety is hereby incorporated into this Agreement by reference.
PUBLIC AND UNSOLICITED INFORMATION.
1. Unsolicited Information. This Site may provide opportunities to provide dLife feedback regarding the Site and our various offerings and other unsolicited submissions (collectively, "Unsolicited Information"). You may only provide Unsolicited Information which meets the requirements of this Agreement. dLife welcomes your general comments and feedback regarding the Site but dLife does not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send any such unsolicited ideas to dLife.
2. Public Areas. This Site presents opportunities to post information to public areas of the Site, such as individual educator subsites, bulletin boards, blogs and blog comments, and chat rooms (collectively, "Public Areas"") (all such information posted on the Public Areas is referred to as "Public Information"). Although dLife may, from time to time, monitor or review the information posted to the Public Areas of the Site, dLife is under no obligation to do so, and assumes no responsibility or liability arising from the content of such Public Areas or the Site in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the Site.
  You are prohibited from posting or transmitting any Public Information that is unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. dLife will fully cooperate with any law enforcement authorities or court order requesting or directing dLife to disclose the identity of anyone posting any such material.
  You further agree not to post material of a commercial nature in Public Areas. Commercial posts refer to those that benefit the poster monetarily in some way, including but not limited to the display of product, brand, and corporate graphics. In some cases, product or service posts of a non-commercial nature may be allowed. You understand that dLife reserves the right to edit or delete forum posts or any user content that it deems inappropriate.
  dLife does not monitor sites that are recommended by other users in the postings to the Public Areas, nor is dLife responsible for the content of any such linked web sites. You should be aware that while dLife periodically monitors the Public Areas, it is not under obligation to do so on a continuous basis. While dLife strives to keep inappropriate material out of these Public Areas, the nature of a collaborative, community-based internet environment is such that the respective authors of content must be held liable and responsible for their own content. You should be aware that if you disclose personal information (e.g., user name, email address) on any Public Area, that information can be collected and used by others and may result in unsolicited messages from other parties.
3. License. By submitting Unsolicited Information and/or Public Information, you hereby grant dLife a perpetual, royalty-free, fully paid-up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information and Public Information. By providing Unsolicited Information and Public Information, you warrant and represent that you own or otherwise control all of the rights to your Unsolicited Information and Public Information. Please be aware that no compensation will be paid with respect to the use of any Unsolicited Information and/or Public Information by dLife.
4. Disclaimer Regarding Public Information and Unsolicited Information. If, despite our request that you not send us your ideas and materials, you still send them, and in the event you post Public Information on our Site, all such Public Information and all such Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and dLife is free to use such information for any purpose and in any manner whatsoever.
  Children under the age of eighteen should not submit any Public Information or Unsolicited Information containing personally identifiable data.
DISCLAIMERS.
1. No Medical Advice. The Content is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice. You should not use the Content for diagnosing a health or fitness problem or disease. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Site is intended to be for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Site.
2. Availability of the Site and International Users. The Site is administered by dLife from Herndon, VA in the United States. This Site and the Content are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to the Site and the Content may not be legal by certain persons or in certain countries outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
3. Disclaimer of Warranties. THIS SITE CONTAINS INFORMATION CONCERNING dLIFE THAT MAY BE USEFUL TO OUR CUSTOMERS AND OTHER INDIVIDUALS. HOWEVER, dLIFE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION.
  THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. DLIFE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. dLIFE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
4. INDEMNIFICATION. In the event that any legal action is taken resulting from (i) your use of the Content or Site, including your breach of the terms of this Agreement, or (ii) any Unsolicited Information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by dLife and its directors, officers, employees, agents, investors or licensors (collectively, the “dLife Parties”). dLife shall provide notice to you promptly of any such claim, suit, or proceeding. dLife shall have the right, at its option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on dLife without its prior written consent.
  10. LIMITATION OF LIABILITY. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL ANY OF THE dLIFE PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY OF THE DLIFE PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
  SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN, UNDER SUCH CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE DLIFE PARTIES SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
5. GENERAL. This Site is controlled and operated by dLife from its offices within the United States. Any claim relating to, and the use of, this Site are governed by the laws of the State of Connecticut, United States of America. By using this Site, you consent to personal jurisdiction in the federal and state courts located in the State of Connecticut, for any action arising out of or relating to this Site or your use of this Site. Such courts shall have exclusive jurisdiction over all such actions. The United Nations Convention on Contacts for the International Sale of Goods does not apply to this Agreement.
  You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. dLife reserves the right to alter or delete material from this Site at any time. This Agreement constitutes the entire agreement between you and dLife with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.