Last Updated: March 18, 2021
Not Medical Advice
The contents of the Site and Services are for informational purposes only and are intended to assist you in understanding your health. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS, CONTENTS, PRODUCTS, SUPPLIES, INFORMATION, IDEAS, OR ADVICE CONTAINED IN MYABETES.COM, THE MYABETES APP, AND/OR SERVICES.
You acknowledge and agree that certain Services provided through the Site and Services, including notifications and alerts and coaching, depend on information that you input into the Site. We do not recommend or endorse any drug or product or course of treatment, and notifications are not guidance regarding dosing information. The notifications and alerts and coaching with respect to any drug or product is not a recommendation or endorsement. The absence of a notification or alert or coaching or reminder does not, and may not, be construed to indicate that any activities, food, drugs, or other health recommendations are appropriate or effective.
We do not recommend or endorse any specific drug or product or health care provider that may be mentioned on the Site. Reliance on any information provided by us, our employees or Third Parties is solely at your own risk. The Site and Services for the diabetic program are intended to help individuals with their blood glucose management and are only for use with the blood glucose meters provided as part of the Services. The information provided by the Site and Services is not a basis for diagnosis of any medical condition, disease, or therapy.
YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. THE MYABETES APP, MYABETES.COM, AND THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOU AND YOUR UNIQUE MEDICAL HISTORY. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ OR LEARNED FROM THE MYABETES APP, MYABETES.COM, AND/OR THE SERVICES.
Services offered through the Site and the Card are NOT health insurance benefits or policies and are not intended as a substitute for health insurance.
The Site and Services are intended for personal, non-commercial use only. Use of the Services is voluntary. The Myabetes diabetic program may NOT be used in conjunction or combination with any state or federal government funded healthcare program such as Medicare or Medicaid or any other non-public insurance program or plan.
Services offered through the Site may include a subscription service to obtain certain diabetic testing supplies and related services; and other services from time to time as provided for as part of the Site. You may only use the Site to view information for which you are authorized. You may not use the Site to access any information for which you are not authorized or to facilitate the dispensing and/or provision of any false or fraudulent health care services or devices or supplies.
We may offer additional services through the Site, for which you will need to create an account ("Account").
You agree that you are responsible for all phone and data charges you incur through the use of the Site.
We reserve the right to disable the Site or specific features or functionality or make them available to anyone for any reason at any time, without notice or liability to you.
You acknowledge and agree that the Services may be provided by Third Parties, including Third Party coaching services for the diabetic program. We do not guarantee the quality of the Services or products offered by any Third Party, including but not limited to any vendor or any service provider. Our Site and Services do not constitute advice on how to manage your diabetic costs, diabetes, or your health.
Diabetic Program – Not Insurance
For information about the diabetic program offering, see Myabetes.com and the App.
A “Normal Glucose” reading as that term is used in the App, is a reading that falls within the glucose level threshold that you choose when you set up the App on your mobile smartphone. You can choose from predefined scales that are publicly available and published by third party sources or set a custom scale—in all cases, we do not set, establish, or validate the glucose level threshold that you choose. The predefined scales are the scales published by (1) the American Diabetes Association: (a) glycemic target for nonpregnant adults with diabetes, (b) the American Diabetes Association, and (c) glycemic target for pregnant adults with gestational diabetes mellitus; and (2) the World Health Organization.
Note that if you subscribe to the Platinum program, regardless of the glucose level thresholds that you set on the App, only a glucose reading of 60-250 mg/dl will alert a health coach to call you.
You may cancel or terminate your participation in the diabetic program at any time or file a complaint by calling the toll-free customer care number at 1-877-391-9296. Upon your cancellation or termination, your subscription fee will be refunded in accordance with applicable state law. Cancellation or termination may cause the loss of certain information and data on the App, including your personal information and your ability to access your Account. We do not accept any liability for such loss.
During your participation in the diabetic program, if we determine in our sole discretion that you are using the test strips or any other products or supplies in a misleading, fraudulent, or deceptive manner, you agree that we may suspend or cancel your membership at any time.
If you create an Account, you are responsible for maintaining the confidentiality of your Account information and password and for restricting access to your computer and/or mobile device. You are responsible for all activities that occur under your Account or password, even if not authorized by you. If you have reason to believe that your Account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Account information or computer or mobile device used to access the Site and Services), you must promptly change your Account information that is affected or you may notify us of any breach of security or unauthorized use of your Account.
By creating your Account, you give us, or a third party on our behalf, permission to charge your payment card for any payment you owe us. You further give us permission to contact you using the contact information you have provided (i.e., via phone calls, text messages, emails, and mailings), in connection with the Services, payment for the Services, customer service, marketing, and any other business purpose.
You agree that we may deactivate any Account for any lawful purpose, including to address any security or legal concerns relating to or arising from your use of the Site.
We may allow you to request and receive pricing information and coupons via communications including, but not limited to, text messaging and email. When you use the Site or send text messages or e-mail to us, you are communicating with us electronically. By using the Services and/or requesting pricing and other information and coupons from us, you are consenting to be contacted with diabetic program-related information and to receive communications from us electronically by SMS or text messages, emails or by posting notices on the site. You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To use our App, you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use the App for registered accounts owned solely by you, for your personal and non-commercial use.
You may not: (a) attempt to derive the source code of, modify, disassemble, decompile or reverse engineer the App; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; (c) make any copies of the App; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; (e) upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment to the App; or (f) delete the copyright and other proprietary rights or notices on the App.
Licensing of the App
This license does not allow you to use the App on a device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
Minors and Use of Service as a Legal Guardian
You agree to comply with all laws, rules, and regulations applicable to your use of the Site. In addition, when using the Site, you agree to:
- Not take any action that interferes with the proper working of the Site, compromises the security of the Site, or otherwise damages the Site or any materials and information available through the Site.
- Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.
- Not attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks connected to the Site, to any of our servers, or to any of the Services offered on or through the Site, including but not limited to by hacking, password “mining,” or any other unauthorized means.
- Not probe, scan, or test the vulnerability of the Site or any network connected to the Site.
- Not attempt to breach the security or bypass the authentication measures on the Site or any network connected to the Site.
- Not upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment to the Site.
- Not use the Site, or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, other than your own information, or the information of a person in which you are legally authorized under applicable law to manage his or her care (such as a child or parent), or information that we make available to you through the Site.
- Not use any automated means to collect information or content from or otherwise access the Site, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
- Provide accurate and current information, and not to provide information that attempts to impersonate another individual.
- Maintain and promptly update such information to keep it accurate and current.
- Be financially responsible for all use of the Site.
Regardless of whether you have chosen to opt out of certain marketing offers from us, by using the Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links”, and other similar marketing devices. Products offered will be at our sole discretion and may be provided by companies not affiliated with us. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. We do not legally endorse or guarantee products or services provided by non-affiliated companies.
Accuracy of Information
We attempt to be as accurate as possible in the provision of the Services made available through the Site. Despite our efforts, the information on the Site and/or provided through the Services may occasionally be inaccurate, incomplete, or out of date. If a price referenced through the Site is not as described, your sole remedy is to accept the correct pricing or forgo the transaction.
WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE SITE OR PROVIDED AS PART OF THE SERVICES. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY OR OBLIGATION TO MAINTAIN THE ACCURACY OF, OR UPDATE ANY SUCH INFORMATION, AND AGREE THAT YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
Links to Other Sites
Security and Safety
You understand that the uploading of information to your mobile device in connection with the App and submitting information to the Site is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the App may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.
Disclaimer of Warranties
WE PROVIDE ACCESS TO MYABETES.COM, THE MYABETES APP, AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD-PARTY SERVICES. WE DO NOT WARRANT MYABETES.COM, THE MYABETES APP, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT AVAILABLE THROUGH MYABETES.COM, THE MYABETES APP, AND SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHER MATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH MYABETES.COM, THE MYABETES APP, AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN MYABETES.COM, THE MYABETES APP, AND SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT MYABETES.COM, THE MYABETES APP, AND/OR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES, WORKS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS; WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON MYABETES.COM, THE MYABETES APP, AND/OR THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THE THIRD-PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF MYABETES.COM, THE MYABETES APP, AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Other Limitations of Liability
WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF MYABETES.COM, THE MYABETES APP, AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES - EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES - OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE SITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE SITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE COMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
We will notify you of any claim made by a third party for liability or expense arising from your use of the Site and/or Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless Company and its affiliates, respective officers, directors, employees, contractors, agents, and other related parties for any such claim, including reasonable attorneys' fees.
Governing Law; Attorneys' Fees
Operation of the Site
MedImpact Healthcare Systems, Inc.
10181 Scripps Gateway Ct.
San Diego, CA 92131
Digital Millennium Copyright Act ("DMCA") Notice
Notice To California Residents
Under California Civil Code Section 1789.3, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Site or to receive further information regarding use of the Site, please contact us through the form available at the “Help” link on Myabetes.com, email at firstname.lastname@example.org or our administrator, MedImpact Healthcare Systems, Inc., Attn: Privacy Team/Regulatory Compliance, 10181 Scripps Gateway Ct., San Diego, CA 92131, toll-free at 1-877-391-9296. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.