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Website Terms of Use Agreement & Disclaimer between user and www.thediabetesnurse.com

Welcome to www.thediabetesnurse.com. The www.thediabetesnurse.com website (the "Site") is comprised of various web pages operated by The Diabetes Nurse www.thediabetesnurse.com aka Transform Your Diabetes Health www.tydh.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.thediabetesnurse.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.thediabetesnurse.com and www.tydh.org are an E-commerce and education Site.

We provide online diabetes education, information and health coaching programs designed for people with diabetes and prediabetes.

Privacy

Your use of www.thediabetesnurse.com is subject to The Diabetes Nurse's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.thediabetesnurse.com or sending emails to The Diabetes Nurse constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Diabetes Nurse is not responsible for third party access to your account that results from theft or misappropriation of your account. The Diabetes Nurse and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

The Diabetes Nurse does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.thediabetesnurse.com only with permission of a parent or guardian.

Cancellation/Refund Policy

There is a 100% satisfaction guarantee. If after 24 hours of the initial consultation or first class of our programs and prior to the next class or interaction, you are not totally satisfied or our services are not a right fit for you, you will receive a refund. Please contact with any questions.

Links to third party sites/Third party services

At www.thediabetesnurse.com it may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Diabetes Nurse and The Diabetes Nurse is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Diabetes Nurse is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Diabetes Nurse of the site or any association with its operators.

Certain services made available via www.thediabetesnurse.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thediabetesnurse.com domain, you hereby acknowledge and consent that The Diabetes Nurse may share such information and data with any third party with whom The Diabetes Nurse has a contractual relationship to provide the requested product, service or functionality on behalf of www.thediabetesnurse.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.thediabetesnurse.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Diabetes Nurse that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Diabetes Nurse or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Diabetes Nurse content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Diabetes Nurse and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Diabetes Nurse or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your The Diabetes Nurse account to third party accounts. By connecting your The Diabetes Nurse account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by The Diabetes Nurse from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Diabetes Nurse Content accessed through www.thediabetesnurse.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless The Diabetes Nurse, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Diabetes Nurse reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Diabetes Nurse in asserting any available defenses.

Liability disclaimer: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The information, including but not limited to, text, graphics, images and other material contained on this website are for informational purposes only. The purpose of this website is to provide information and not meant to serve as medical or clinical advice, or replace what only your Health Care Professional can provide. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.

The contents of this website are for informational purposes only and do not render medical or psychological advice, opinion, diagnosis, or treatment. The information provided through this website should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, you should consult your appropriate health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Links on this website are provided only as an informational resource, and it should not be implied that we recommend, endorse or approve of any of the content at the linked sites, nor are we responsible for their availability, accuracy or content.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE DIABETES NURSE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE DIABETES NURSE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE DIABETES NURSE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DIABETES NURSE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE DIABETES NURSE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

The Diabetes Nurse reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Diabetes Nurse as a result of this agreement or use of the Site. The Diabetes Nurse's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Diabetes Nurse's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Diabetes Nurse with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Diabetes Nurse with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Diabetes Nurse with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Diabetes Nurse reserves the right, in its sole discretion, to change the Terms under which www.thediabetesnurse.com is offered. The most current version of the Terms will supersede all This is a RocketLawyer.com document. previous versions. The Diabetes Nurse encourages you to periodically review the Terms to stay informed of our updates. Contact Us The Diabetes Nurse welcomes your questions or comments regarding the Terms: The Diabetes Nurse & TransformYourDiabetesHealth Pine Grove, California 95665 Email Address: Telephone number: 925 628 0388 Effective as of August 1, 2016