Use of the Website
The Website is designed to provide products, support, assistance and information about diabetes. The information and services offered on this Website are provided solely for general information, and are not intended to (a) replace any advice or counsel from licensed medical professionals; (b) constitute medical advice or apply specifically for any individual's unique needs and situation; and (c) diagnose, mitigate, treat, cure or prevent any disease or health-related condition.
License to Use Site
Prices, Taxes and Payment
All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction, unless otherwise prohibited by law. All prices presented on the site are subject to change at any time and without notice. Unless otherwise prohibited by law, Member will reimburse the Company for any such tax, fee or charge, at the time of sale or thereafter, that the Company is required to pay. Terms of payment are Net 30 days unless otherwise stated at time of order and on confirmation. In the event that payment is not received within the time period specified in the payment terms, any unpaid balance shall bear interest at the rate of 1.5%per month, or the maximum amount allowed by law, if lower or if prohibited.
Returns, Changes and Cancellations
Cancellations of and changes to orders for products and services, and returns of products by Member, will be subject to the Company’s then-existing return, change and cancellation fees, unless prohibited by law. Upon the request of Member, the Company will use commercially reasonable efforts to inform the Member of the return, change, and cancellation policies existing at the time of Member's request. The Company reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Member. Member agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns, unless prohibited by law.
To return your supplies, please call: 1.800.883.0608. Diabetes Care Club will gladly accept returned merchandise and provide a full refund or credit if the returned merchandise meets the following criteria: Merchandise must be returned within 30 days of the original shipping date; Merchandise must be returned unopened in the original manufacturer packaging in a re-sellable condition (includes condition of packaging) and include all accessories, manuals, brochures and manufacturer documentation; Patient must contact Diabetes Care Club and receive a Return Authorization prior to returning the merchandise; It is the responsibility of the patient to ship the merchandise back to Diabetes Care Club once a Return Authorization is issued, except in the case of shipping errors or defective product; Claims for shortages must be reported to Diabetes Care Club within 14 days of receipt of the shipment. Missing product will be shipped to the patient at no additional charge.
Products sold by Diabetes Care Club and affiliates carry manufacturers’ warranties. The company will honor all warranties under applicable law, including replacing, free of charge, and Medicare-covered equipment. Specific Manufacturer’s warranty information can be found in the product packaging, or on the manufacturers’ websites.
Title, Delivery and Acceptance
All sales of products are made F.O.B. the shipping point. Title and risk of loss of or damage to the products shall pass to Member on the date the products are delivered to a common carrier at the shipping point ("Shipment Date"), except that the Company will accept returns of substandard items from Medicare beneficiaries. In the event of any default by Member, the Company may decline to make further shipments without in any way affecting its rights. The Company will not be liable for delay or non-delivery of the products, resulting or arising from any cause beyond the reasonable control of the Company. The products will be deemed accepted on the Shipment Date, unless otherwise prohibited by law.
Until the Company has received full payment from the Member of the portion of the cost of the products sold that is the Member’s responsibility, if any, the Company reserves a purchase money security interest in the products sold. Member agrees to execute any document appropriate or necessary to perfect the security interest of the Company, or in the alternative, the Company may file these Terms as a financing statement and/or chattel mortgage.
This Website Does Not Provide Medical Advice
All of the material provided on this Website, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Website are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
You acknowledge that you are 13 years of age or older. Children under the age of 13 are not eligible for membership and are not allowed to visit or otherwise use our Site.
DCC CONNECT PORTAL AND SOCIAL MEDIA COMPONENT OF THE WEBSITE
When you register as a Member on the Website, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Your username and password are not transferable.
You understand that the Website is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to:
- Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass or advocate harassment of another;
- Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Website;
- Exploit people in a sexual or violent manner;
- Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
- Solicit personal information from anyone under 18 years of age;
- Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
- Promote an illegal or unauthorized copy of another party’s copyrighted work;
- Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
- Solicit money from others.
This Website contains trademarks of the Company, and third-party trademarks and service marks. All marks are the property of their respective owners. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the third parties' intellectual property of the Company or its suppliers. Statutory notice contained herein represents trademark status in the United States.
All materials contained on this Website are subject to the ownership rights of the Company and its suppliers. The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, content, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website and all modifications and derivative works thereof, and all intellectual property rights related thereto. Users are prohibited from using, transferring, disposing of, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any content on the Website for commercial or public purposes. The Company hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring the Company’s services or products. You agree that any copy made must include the Company’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.
Copyright Infringement Policy
The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of Members who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 6840 Carothers Parkway, Suite 600, Franklin, TN 37067; Attn: Copyright Agent. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
The Company does not claim any ownership rights in your profile, content or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Website or otherwise submit to the Company (collectively the “Member Content”). You are solely responsible for the Member Content that you post on or through the Website or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any Member Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Members, the Company or others.
The Testimonials section of the Website is for the purpose of sharing positive experiences that you had with the Company, and/or with products purchased on the Website Testimonials are published without edits or alteration by Company except to remove personally identifying information, statements that Company reasonably believes may violate laws or infringe the rights of the Company or third parties. You give us permission to reprint or use your testimonial in connection with our business (including but not limited to the marketing and selling of various products, as well as the marketing of the Company). You are agreeing to the following: (1) the reprint or use of the testimonial will be at our discretion and without compensation to you; (2) we may use the testimonial with or without any name credit; (3) our right to use the testimonial is perpetual and may be assigned by us; (4) we may use the testimonial locally, nationally or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed; and (5) the Company may allow any of its parents, subsidiaries or affiliates to use the testimonial in the same manner as set forth herein but in relation to their businesses and websites.
You acknowledge that all content contained on this Website is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a professional medical provider with any questions you may have regarding diabetes, or any other information that is either contained in or referred to on the Website. Never disregard professional medical advice or delay in seeking treatment due to anything you have read on this Website. The Company does not recommend, guarantee, test or endorse any third party products sold on the Website, procedures, opinions, or other information that is posted on the Website by individuals or entities other than the Company. Reliance on any third party information posted on this Website, including without limitation Member Content, is solely at your own risk.
The Company does not make any representations or warranties of any nature whatsoever regarding the accuracy, effectiveness, benefits, side effects, negative impact, completeness, or usefulness of any third party products sold on the Website, nor does it assume any legal liability or responsibility for the accuracy, effectiveness, benefits, side effects, detriment or usefulness of any information, apparatus, product or process disclosed or referred to on the Website.
The Website may feature certified diabetes educators, registered dieticians, or other diabetes professionals. This content is not intended to constitute medical advice and is not intended to diagnose, mitigate, treat, cure or prevent any disease or health-related condition. The Company does not ensure the accuracy or endorse the conduct of these educators or other professionals. Accordingly, the Company assumes no responsibility, and disclaims liability of any kind, arising from the conduct of educators on the Website, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy.
Additional Warranties and Disclaimers
All information appearing on the website is provided “as is, as available” and without warranties of any kind with respect to its correctness, accuracy, and reliability or otherwise. You acknowledge that the company does not control in any respect any advertisements, product descriptions, products, or content offered by third parties on or through this website, including but not limited to information or products provided by license to the company from third parties. Except as otherwise agreed in writing, the company and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, non-infringement, or usefulness of content or products (including product descriptions) distributed or made available by the company or third parties through this website. Nor does the company make any warranty as to the results that may be obtained from the use of the website, its content or the products, content or services offered therein. The company does not warrant that operation of the website will be uninterrupted or free from errors, that defects will be corrected or that the website will be free of viruses or other harmful components
Limitation of Liability
DIABETES CARE CLUB SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF DIABETES CARE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST MEMBER. DIABETES CARE CLUB’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY MEMBER FOR SUCH PRODUCT OR SERVICE.
LINKS TO OTHER WEBSITES AND INFORMATION ABOUT OTHER PRODUCTS AND SERVICES
The links found on this Website will let you leave our Site and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.
Notices under this Agreement shall be sufficient only if in electronic mail format or in writing via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Diabetes Care Club, Attn: Legal Department, 6840 Carothers Parkway, Suite 600, Franklin, TN 37067.
Modifications to this Agreement
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended Terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.