Last Revised: December 20, 2016
Welcome to the website of dLife!
Children under the age of eighteen are not permitted to register with the Site and may not submit any Submissions or otherwise submit any Content to us.
1. 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.
2. MEDICAL DISCLAIMER; Personal Responsibility; Release.
A. NO MEDICAL ADVICE. THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT OFFER MEDICAL OR COUNSELING ADVICE OF ANY KIND, INCLUDING WHETHER FOR MEDICAL OR OTHER PROFESSIONAL DIAGNOSIS, TREATMENT, OR TO ADVOCATE OR RECOMMEND THE TAKING OF ANY COURSE OF ACTION OR THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE. YOU SHOULD NOT RELY UPON ADVICE RECEIVED THROUGH THE SITE FOR MEDICAL OR HEALTH DECISIONS AND WE ENCOURAGE YOU TO CONSULT WITH APPROPRIATE MEDICAL PROFESSIONALS, INCLUDING WITHOUT LIMITATION A PHYSICIAN, FOR SPECIFIC ADVICE TAILORED TO YOUR SPECIFIC HEALTH NEEDS. YOU AGREE THAT INFORMATION RECEIVED THROUGH THE SITE SHOULD NOT BE UNDERSTOOD TO BE MEDICAL ADVICE AND IS NOT MEANT TO TAKE THE PLACE OF SEEING LICENSED HEALTH PROFESSIONALS. THE SITE IS NOT INTENDED TO ENDORSE OR GUARANTEE THE APPROPRIATENESS OR ACCURACY OF CONTENT APPEARING ON THE SITE OR LINKED TO FROM THE SITE. YOU UNDERSTAND THAT DLIFE IS NOT ACTING IN THE CAPACITY OF A DOCTOR, LICENSED DIETICIAN-NUTRITIONIST, PSYCHOLOGIST OR OTHER LICENSED OR REGISTERED PROFESSIONAL. ACCORDINGLY, YOU UNDERSTAND THAT DLIFE IS NOT PROVIDING MEDICAL, HEALTH CARE, NUTRITION, OR OTHER THERAPY SERVICES AND WILL NOT DIAGNOSE, TREAT OR ATTEMPT TO CURE IN ANY MANNER WHATSOEVER, ANY DISEASE OR AILMENT OF THE HUMAN BODY. FURTHER, YOU ACKNOWLEDGE THAT DLIFE IS NOT PRACTICING MEDICINE, OR ACTING IN THE CAPACITY OF A PHYSICIAN WITH RESPECT TO YOU OR ANY OTHER VISITOR TO THIS SITE, AND ANY AND ALL POSTINGS BY DLIFE, INCLUDING RESPONSES TO SPECIFIC COMMENTS OR QUESTIONS FROM VISITORS TO THE SITE, REFER ONLY TO BROAD GENERALIZATIONS WHICH MAY NOT APPLY TO A GIVEN INDIVIDUAL, AND WHICH MAY EVEN BE HARMFUL OR DANGEROUS TO ANY GIVEN INDIVIDUAL DEPENDING ON SUCH INDIVIDUAL’S MEDICAL CONDITION AND BACKGROUND. YOU ARE FULLY AND COMPLETELY RESPONSIBLE FOR CONSULTING WITH A QUALIFIED MEDICAL PROFESSIONAL REGARDING ANY INFORMATION CONTAINED ON OR CONVEYED THROUGH THIS SITE.
3. INTELLECTUAL PROPERTY.
A. 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, download and print all text, images, information, data, Submissions (as hereinafter defined) and other content on the Site (collectively, the Content”) for your own personal, non-commercial use only, provided the Content is not modified in any way and provided that you keep intact all copyright and other proprietary notices and you include the phrase, “Used with permission of dLife, a LifeMed Marketing Inc.” when you display or otherwise use the Content in accordance herewith You agree to use the Content only for lawful purposes and for the uses described above and that such uses will not compete in any manner with dLife. 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. Other than the limited license set forth herein, no right, title, or interest in Content is transferred to you as a result of your use of the Content.
B. 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 copyright 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: General Counsel, 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.
C. 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.
4. LINKING AND FRAMING.
A. Links to Other Websites. This Agreement applies only to this Site. This Site may frame or contain references or links to other websites 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 websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party Sites (and any websites 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.
B. 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.
5. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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.
A. Submissions. This Site provides you with opportunities to publicly post comments, experiences and other Content (or any portion thereof) (collectively, “Submissions”). You may only provide Submissions which comply with the terms and conditions 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.
B. Restrictions. You acknowledge and agree that (i) dLife has no obligation to use or respond to any Submissions posted to the Site; (ii) the provision of Submissions by you in no way imposes any obligation on dLife, whether of confidentiality, attribution, consideration or otherwise, and dLife shall not be liable for any use or disclosure of any Submissions; (iii) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any composite form of your image/likeness, arising out of the posting of your photograph or other image to the Site, (iv) you shall pay for all royalties, fees and any other monies owing any person by reason of any Submissions posted to the Site, (v) any Submissions posted to the Site will not contain any logos, drawings, cartoons, photographs, pictures, phrases or trademarks or other third party materials, (vi) you will not post any Submissions to the Site that are previously published or that are unoriginal to the publishing party, (vii) you may not use any metatags or any other “hidden text” utilizing dLife’s name or trademarks without the express written consent of dLife, and (viii) Submissions posted to the Site may be subject to size and usage limitations, and you are responsible for adhering to such limitations. You acknowledge and agree that any Submissions sent to dLife by you that are otherwise not posted to the Site shall be subject to the same restrictions imposed on Submissions as set forth herein.
C. Quality and Review of Content. You acknowledge and agree that dLife does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Site. However, you acknowledge and agree that we have the absolute right to monitor all Submissions in our sole discretion. In addition, you acknowledge and agree that we reserve the right to alter, edit or remove any Submissions, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our service providers or any visitors to this Site. You agree that you shall immediately notify dLife in writing of any objectionable Content appearing on the Site.
D. Grant of License to Submissions. By posting Submissions to the Site or by otherwise submitting Content to us, you automatically grant, and represent and warrant that you have the right to grant to dLife, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions or other Content, derive revenue or other remuneration from without need for consideration or credit, communicate to the public, distribute (through multiple tiers), perform or display such Submissions or other Content (in whole or in part) and/or to incorporate such Submissions or other Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions or other Content for any purpose, including for purposes of advertising and publicity on the Site and elsewhere. dLife shall not be limited in any way in its use, commercial or otherwise, of any such Submissions or other Content, and you hereby waive any moral rights in, or approval rights to, such Submissions or other Content. Further, we have the explicit right to incorporate any Submissions posted to the Site or other Content otherwise conveyed by any you to dLife into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.
E. Other Restrictions. You agree not to post Submissions or otherwise submit any Content to the Site that:
- is fraudulent;
- is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
- interferes with or disrupts this Site, services connected to this Site, or otherwise interferes with operations or services of this Site in any way;
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
- is patently offensive to this Site community or to us, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or harms, or advocates the harassment or harming of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or solicits personally identifiable information (“PII”) from third parties;
- promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- causes us to lose (in whole or part) the services of our ISPs or other suppliers;
- links to materials or other content, directly or indirectly, to which the individual posting or causing to post such material does not have a right to link or which competes in any manner with the Site or dLife;
- encourages others to violate this Agreement; or
- violates any applicable local, state, national, or international law.
F. Any unauthorized use terminates the permission and/or license granted by dLife without the need for further action by dLife.
G. 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. Commercial posts refer to those that benefit the poster monetarily in some way. In some cases, product or service posts of a non-commercial nature may be allowed.
H. 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 Submissions to this Site or otherwise submit unsolicited Content to us, all such Submissions and/or Content 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 are not permitted to register with the Site and may not submit any Submissions or otherwise submit any Content to us.
A. Availability of the Site and International Users. 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.
B. Disclaimer of Warranties. THIS SITE CONTAINS INFORMATION CONCERNING DLIFE THAT MAY BE USEFUL TO YOU. 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 DESTRUCTIVE CODE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. 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, PUNITIVE 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 THOUSAND ($1,000.00) 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.
11. 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.
When you sign up on the dLife website, you may receive email communications from dLife and dLife’s marketing partners that are specific to diabetes related products or services, and which may use the words “diabetes,” “diabetic” or other indicators that the recipient may be diabetic. If you do not wish to receive such communications, then you may deactivate your account.