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Research shows that optimum blood glucose control is the key to managing diabetes and preventing its complications. For many people with diabetes, the blood glucose meter is a crucial tool for doing just that. In the short term, a meter can help you avoid blood glucose highs and lows, and feel your best. By testing over time, you can better understand how diet, exercise, stress, and illness can affect your blood glucose levels, so that you can be armed with the information you need to achieve the best control possible of your diabetes. Old meters may lose their accuracy so it is important to replace your current meter frequently. We know that this may be difficult for families with a tight budget so we have teamed up with Diabetes Help Now to be able to offer our visitors a testing meter for little or no cost.
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NOTICE: Privacy Policy Effective April 2, 2012
DiabetesHelpNow.com Website Privacy Policy
Diabetes Help Now, LLC, and its affiliated companies ("Diabetes Help Now™," "we" or "us"), operate the DiabetesHelpNow.com website located at www.DiabetesHelpNow.com (the "Site"). This notice outlines the privacy policies associated with the Site. By visiting this Site, you are accepting the practices described in this DiabetesHelpNow.com Privacy Policy ("Privacy Policy"). This Privacy Policy covers our treatment of Personal Information (as defined hereinbelow) that we collect when you: (a) access or use our Site; and/or (b) register, or attempt to register, on the Site to obtain information regarding diabetes treatment related products and/or services (collectively, "Diabetes Services") as provided by our affiliates. ("Affiliates"). It is important that visitors are fully informed about the use of their Personal Information. We believe in 100% permission-based marketing.
Diabetes Help Now™ IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), NOR IS THE INFORMATION PROVIDED BY YOU TO Diabetes Help Now™ IN CONNECTION WITH THE DIABETES SERVICES CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THIS PRIVACY POLICY.
If you are a resident of the State of California and would like to opt-out from the disclosure of your Personal Information to any third party for marketing purposes, please e-mail us at: info@DiabetesHelpNow.com. Please be advised that where California residents opt-out from permitting their Personal Information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.
When you register on our Site, you hereby agree and acknowledge that your Personal Information will be placed into the Diabetes Help Now™ database and that such Personal Information shall be shared with third parties for marketing purposes.
The act of registering on our site and/or depending on your answers to survey questions, you may receive a telephone call from the call centers listed below at the number you provided. You expressly waive all federal and state no-call registrations with respect to such contact. You may opt out of receiving calls at any time by following the instructions provided on all calls.
Diabetic Offers:
Diabetes Help Now may place a live call to you regarding diabetic meters and other related products.
Your IP Address
Each time that you visit the Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in using the products, services and other features contained within the Site.
Cookies and Action Tags
Cookies: The first time that a user provides an e-mail address in connection with their activities at the Site, we assign an identification number to that e-mail address and deploy a cookie to the applicable user's PC. Whenever that user comes back to the Site using the same PC, the cookie allows the Site to identify the user and to recall the user's e-mail address. If, at any time, a user provides other information in connection with their activities on the Site (such as name, address, birth date, gender, etc.), we may store that information, along with the user's e-mail address, in our user database. We may use the information stored in our database: (a) to effectuate the purpose or transaction for which the information was originally provided by a user; (b) to pre-populate information fields in the event that user wishes to purchase products and/or services or sign up for and/or subscribe to services, promotions or other offers in the future; (c) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or promotions while visiting the Site; and/or (d) to, in connection with regular communication with a user, include offers, promotions or advertisements that were historically, or are likely to be, of interest to that user. We also use cookies to anonymously track and target the interests of our users to further enhance the experience on the Site. To find out more about cookies, please visit www.cookiecentral.com.
Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on the Site. Action tags are 1×1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and to provide information about what products/services are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely. At no time will we share cookie-related, action-tag-related and/or generated information and/or data with third parties.
Personal Information We Collect from You
By registering with, or providing personal information to, the Site, as well as providing permission to receive marketing offers, users allow us and our affiliates to make their personally identifiable information available to third parties in accordance with the terms of this Privacy Policy. While on the Site, we may collect "Personal Information" from you. For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual including, but not limited to: a) first and last name; (b) home address; (c) e-mail address; (d) daytime and evening telephone numbers; (e) whether or not you are on Medicare; and/or (f) any other information requested on the applicable registration form. For purposes of this Privacy Policy, item (e) in the preceding sentence shall be considered "Sensitive Information." We may share your Sensitive Information with Affiliates for the sole purpose of effectuating the transactions associated with the Diabetes Services that you applied for at the Site.
How We Use Personal Information
By submitting your Personal Information on the Site, you agree that we may share such Personal Information (including your Sensitive Information) with Affiliates in order to complete your request for Diabetes Services, and that they may use such Personal Information for any lawful purposes, subject to any restrictions contained herein. Any information that you supply to Affiliates shall be governed by Affiliate’s privacy policy. Please be advised that Diabetes Help Now™ does not itself provide Diabetes Services, or any other related products and services. The Diabetes Services, and the ultimate terms and conditions of any Diabetes Services and related treatments provided by any physicians referred to you by Affiliates will be determined by Affiliates. The Diabetes Services shall be governed by Affiliate’s terms and conditions.
We may sell the Personal Information that you supply to us (other than the Sensitive Information), to any third party and we may work with other businesses to bring selected retail opportunities to our users. These businesses and third parties may include, but are not limited to: (a) providers of the products and/or services that you registered for on the Site; (b) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (c) e-mail marketers; (d) telemarketers; (e) SMS text-based marketers (where permitted by applicable law); and (e) direct marketers.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users' Personal Information as needed to perform their functions for us but we do not permit them to use your Personal Information for other purposes.
Additionally, we purchase and manage e-mail lists generated by third parties. Users may remove themselves from a specific mailing list by utilizing the unsubscribe options that are present and available at the end of each piece of e-mail that we send.
We will also use your Personal Information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you on the Site. We may also use your Personal Information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and the Site or to administer activities on our behalf. We also reserve the right to release current or past user information in the event that we believe that the user is using, or has used, our products, services and/or Site: (i) in violation of the terms and conditions of this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (ii) to commit unlawful acts; (iii) if such information is subpoenaed; (iv) if we are sold or acquired; or (v) or when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Personal Information with/to any third party for any and all uses permitted by this Privacy Policy and applicable law.
By registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and the applicable state do-not-call regulations.
In addition, you agree that by submitting your Personal Information at the Site, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third party advertisers and marketers (where, and to the extent that, such marketing is permitted by applicable law). As such, notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.
You may unsubscribe from any of our e-mail marketing programs at any time. In every e-mail communication that we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific marketing program by simply clicking the hyperlink provided and following the instructions that follow. We attempt to process all unsubscribe requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different e-mail marketing program that you have opted into. We can guarantee, however, that if you should ever receive another e-mail communication from us, you will be able to remove your e-mail address via the unsubscribe hyperlink. We are able to offer our free services, in part, based upon the willingness of our users to be contacted by our marketing partners, including affiliated third party advertisers. By allowing us to make the information that you supply available to our marketing partners, you will receive free product and service information that may be of interest to you. You may, at any time, notify us that you do not wish to have your Personal Information disclosed to third parties for offers and promotions by sending an e-mail to info@DiabetesHelpNow.com.
How We Use Demographic Information and Aggregate Data
We use demographic information to tailor the Site to the interests of our users. Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.
We reserve the right to provide aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or characteristics of our participants as a group, without disclosing personally identifiable information. By opening an account with us, you agree to allow us to provide such aggregate data to third parties. By agreeing to the terms of this Privacy Policy, you hereby consent to the disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate.
Other Websites
This Site may contain links to other third-party owned and/or operated websites including, without limitation, the Affiliates website. Diabetes Help Now™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Diabetes Help Now™ has no responsibility or liability relating to them.
Our Security Precautions
All collected information is stored in a technically and physically secure environment. When our registration/application process asks users to enter Sensitive Information, and when we store and transmit such Sensitive Information, it is encrypted and protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we also do everything in our power to protect user information off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this information is strictly limited, and not accessible to the public. All of our users' information, not just Sensitive Information, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all Diabetes Help Now™ user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors
No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age. Persons eighteen (18) years of age and younger are not permitted to access the Site and we do not knowingly collect Personal Information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Removal of Your Information/Opting Out
At your request, we will remove Personal Information that you have provided to us. You may do so by e-mailing us at info@DiabetesHelpNow.com. However, deleting your Personal Information, or otherwise opting-out of receipt of communications from us or third parties, will only change or delete the data in our database for purposes of transacting future business on the Site and for managing future communications from us and third parties. These deletions will not change or delete Personal Information already collected as part of a particular transaction in our database, which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact third parties who may contact you directly to change your preferences or your personal information that they may be using to contact you.
We provide users with the option to opt-out from receiving information sent via electronic mailings on behalf of third party advertisers. Users may unsubscribe from receiving e-mails at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mails from a particular sender, please consult that sender's opt out policies or contact that sender.
Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. If, after that point, a user is still receiving e-mail from us, the user should contact us at info@DiabetesHelpNow.com.
No Liability for Unauthorized Changes
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR FOR THE UNAUTHORIZED MODIFICATION OF TEXT OR ADVERTISEMENTS PROVIDED BY US, OUR MARKETING PARTNERS OR ANY OTHER THIRD PARTIES.
Your Acceptance of these Terms
By using this Site including, without limitation, signing up for offers and/or continuing to receive information from us, you agree to the terms of our Privacy Policy. We reserve the right, at our discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the Site. Please check this page periodically for changes. Your continued use of the Site or acceptance of our e-mails following the posting of changes to these terms will mean that you accept these changes and agree to continue receiving e-mails from us. If you do not agree to the terms of this Privacy Policy, please unsubscribe by Clicking Here.
Contacting Us about Privacy Questions or Concerns
If you have any questions about this Privacy Policy, the practices of the Site or your dealings with the Site, please e-mail us at info@DiabetesHelpNow.com, or send a letter to: DiabetesHelpNow.com, 902 Clint Moore Rd, Suite 100, Boca Raton, FL 33487.
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Diabetes Help Now, LLC and its affiliated companies ("Diabetes Help Now™," "we" or "us") operate the website located at www.DiabetesHelpNow.com (the "Site"). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following DiabetesHelpNow.com Website Terms and Conditions ("Terms and Conditions"). The DiabetesHelpNow.com Privacy Policy ("Privacy Policy") and any and all other applicable Diabetes Help Now™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). The Agreement is inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
Diabetes Help Now™ IS NOT ENGAGED IN RENDERING HEALTH ADVICE. Diabetes Help Now™ IS NOT A MEDICAL OR HEALTH SERVICES ORGANIZATION. Diabetes Help Now™ IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA").
1.Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Diabetes Help Now™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
3. Description of Services. Diabetes Help Now™ provides users with an opportunity to apply for a variety of diabetes treatment related products and/or services (collectively, "Diabetes Services") provided by the Affiliates we represent ("Affiliates"). Please be advised that Diabetes Help Now™ does not itself provide Diabetes Services, or any other related products and services. The Diabetes Services, and the ultimate terms and conditions of any Diabetes Services and related offerings, will be determined and provided by Affiliates, as applicable. To qualify to receive the Diabetes Services, you must first fully complete the application form located at the Site ("Site Application"), as well as the application form set forth on the Affiliates' website or as completed over the telephone with Affiliates ("Affiliates Application" and together with the Site Application, the "Full Application"). The information that you must supply on the Site Application includes, but is not limited to: (a) first and last name; (b) home address; (c) e-mail address; (d) daytime and evening telephone numbers; (e) whether or not you are on Medicare; and/or (f) any other information from or about an individual that is combined with any of (a) through (f) above (collectively, the "Site Registration Data"). Diabetes Help Now's™ use of the Site Registration Data shall be governed by the Privacy Policy. To access the Privacy Policy please Click Here.
Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, you will either be redirected to the website of Affiliates, or Affiliates will contact you by e-mail or telephone. Diabetes Help Now™ will also transfer your Site Registration Data to Affiliates in connection with facilitating the processing of your Diabetes Services inquiry. The information that you must supply on the Affiliates Application shall be determined by Affiliates (collectively, the "Affiliates Registration Data" and, together with the Site Registration Data, the "Registration Data"). Any information that you supply to Affiliates shall be governed by Affiliates's privacy policy. For a copy of Affiliates's privacy policy, Click Here.
Diabetes Services application approval, and the ultimate terms and conditions of any product or service provided by Affiliates, will be determined by Affiliates. All product/service fulfillment and customer service functions relating to the Diabetes Services and other Affiliates products and/or services shall be handled entirely by Affiliates.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Diabetes Help Now™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Diabetes Services, other Affiliates sponsored products and/or services, or for any dispute between you and Affiliates. You understand and agree that Diabetes Help Now™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by Affiliates. If Diabetes Help Now™ terminates the Agreement for any reason, Diabetes Help Now™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Diabetes Help Now™. The Agreement only governs your use of the Site.
4. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Diabetes Help Now™ may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Diabetes Help Now™ reserves any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Diabetes Help Now™ is prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Diabetes Help Now™ infrastructure. Your right to use the Site is not transferable.
5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to the Site or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Diabetes Help Now™ does not constitute a waiver of any right in such information and/or materials.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
7. Indemnification. You agree to indemnify and hold Diabetes Help Now™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Diabetes Services; (b) your breach of the Agreement; (c) any dispute between you and Affiliates; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Diabetes Help Now™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties. THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Diabetes Help Now™ MAKES NO WARRANTY THAT: (A) THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR DIABETES SERVICES FROM AFFILIATES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Diabetes Help Now™, AFFILIATES OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Diabetes Help Now™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Diabetes Help Now™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR DIABETES SERVICES FROM AFFILIATES, OR ANY SUBSEQUENT DENIAL OF DIABETES SERVICES FROM AFFILIATES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Diabetes Help Now™ AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF Diabetes Help Now™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Diabetes Help Now™. THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, the Affiliates website. Because Diabetes Help Now™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Diabetes Help Now™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Diabetes Help Now™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
11. Privacy Policy/User Information. Use of the Site, and all comments, feedback, information, Site Registration Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.
12. Legal Warning. Any attempt by any individual, whether or not a Diabetes Help Now™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Diabetes Help Now™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Boca Raton, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Diabetes Help Now™, Affiliates and their respective employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Diabetes Help Now™ and Affiliates incur in seeking such relief.
14. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or any Diabetes Help Now™ offering is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
15. Contact Us. If you have any questions regarding the Agreement, or would like more information from Diabetes Help Now™, please contact us at info@DiabetesHelpNow.com; or by mail at: 902 Clint Moore Rd, Suite 100, Boca Raton, FL 33487. Diabetic Offers:
Diabetes Help Now may place a live call to you regarding diabetic meters and other related products.
DiabetesHelpNow.com Website Terms and Conditions
Diabetes Help Now, LLC and its affiliated companies ("Diabetes Help Now™," "we" or "us") operate the website located at www.DiabetesHelpNow.com (the "Site"). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following DiabetesHelpNow.com Website Terms and Conditions ("Terms and Conditions"). The DiabetesHelpNow.com Privacy Policy ("Privacy Policy") and any and all other applicable Diabetes Help Now™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). The Agreement is inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
Diabetes Help Now™ IS NOT ENGAGED IN RENDERING HEALTH ADVICE. Diabetes Help Now™ IS NOT A MEDICAL OR HEALTH SERVICES ORGANIZATION. Diabetes Help Now™ IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA").
1.Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Diabetes Help Now™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
3. Description of Services. Diabetes Help Now™ provides users with an opportunity to apply for a variety of diabetes treatment related products and/or services (collectively, "Diabetes Services") provided by the Affiliates we represent ("Affiliates"). Please be advised that Diabetes Help Now™ does not itself provide Diabetes Services, or any other related products and services. The Diabetes Services, and the ultimate terms and conditions of any Diabetes Services and related offerings, will be determined and provided by Affiliates, as applicable. To qualify to receive the Diabetes Services, you must first fully complete the application form located at the Site ("Site Application"), as well as the application form set forth on the Affiliates' website or as completed over the telephone with Affiliates ("Affiliates Application" and together with the Site Application, the "Full Application"). The information that you must supply on the Site Application includes, but is not limited to: (a) first and last name; (b) home address; (c) e-mail address; (d) daytime and evening telephone numbers; (e) whether or not you are on Medicare; and/or (f) any other information from or about an individual that is combined with any of (a) through (f) above (collectively, the "Site Registration Data"). Diabetes Help Now's™ use of the Site Registration Data shall be governed by the Privacy Policy. To access the Privacy Policy please Click Here.
Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, you will either be redirected to the website of Affiliates, or Affiliates will contact you by e-mail or telephone. Diabetes Help Now™ will also transfer your Site Registration Data to Affiliates in connection with facilitating the processing of your Diabetes Services inquiry. The information that you must supply on the Affiliates Application shall be determined by Affiliates (collectively, the "Affiliates Registration Data" and, together with the Site Registration Data, the "Registration Data"). Any information that you supply to Affiliates shall be governed by Affiliates's privacy policy. For a copy of Affiliates's privacy policy, Click Here.
Diabetes Services application approval, and the ultimate terms and conditions of any product or service provided by Affiliates, will be determined by Affiliates. All product/service fulfillment and customer service functions relating to the Diabetes Services and other Affiliates products and/or services shall be handled entirely by Affiliates.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Diabetes Help Now™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Diabetes Services, other Affiliates sponsored products and/or services, or for any dispute between you and Affiliates. You understand and agree that Diabetes Help Now™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by Affiliates. If Diabetes Help Now™ terminates the Agreement for any reason, Diabetes Help Now™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Diabetes Help Now™. The Agreement only governs your use of the Site.
4. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Diabetes Help Now™ may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Diabetes Help Now™ reserves any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Diabetes Help Now™ is prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Diabetes Help Now™ infrastructure. Your right to use the Site is not transferable.
5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to the Site or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Diabetes Help Now™ does not constitute a waiver of any right in such information and/or materials.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
7. Indemnification. You agree to indemnify and hold Diabetes Help Now™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Diabetes Services; (b) your breach of the Agreement; (c) any dispute between you and Affiliates; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Diabetes Help Now™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties. THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Diabetes Help Now™ MAKES NO WARRANTY THAT: (A) THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR DIABETES SERVICES FROM AFFILIATES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Diabetes Help Now™, AFFILIATES OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Diabetes Help Now™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Diabetes Help Now™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR DIABETES SERVICES FROM AFFILIATES, OR ANY SUBSEQUENT DENIAL OF DIABETES SERVICES FROM AFFILIATES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Diabetes Help Now™ AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF Diabetes Help Now™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Diabetes Help Now™. THE SITE, DIABETES SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, the Affiliates website. Because Diabetes Help Now™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Diabetes Help Now™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Diabetes Help Now™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
11. Privacy Policy/User Information. Use of the Site, and all comments, feedback, information, Site Registration Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.
12. Legal Warning. Any attempt by any individual, whether or not a Diabetes Help Now™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Diabetes Help Now™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Boca Raton, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Diabetes Help Now™, Affiliates and their respective employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Diabetes Help Now™ and Affiliates incur in seeking such relief.
14. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or any Diabetes Help Now™ offering is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
15. Contact Us. If you have any questions regarding the Agreement, or would like more information from Diabetes Help Now™, please contact us at info@DiabetesHelpNow.com; or by mail at: 902 Clint Moore Rd, Suite 100, Boca Raton, FL 33487. Diabetic Offers:
Diabetes Help Now may place a live call to you regarding diabetic meters and other related products.
