Terms of Use

Last Updated: March 18, 2021

These Terms of Use (“Terms of Use”) are applicable to your access to and use of the Myabetes website located at Myabetes.com, and the Myabetes™ mobile application (“Myabetes” or the “App”) (throughout these Terms of Use, the App and the websites may collectively be referred to as the “Site” or may be referred to individually) and any materials, information, products, or services (“Services”) provided through the Site operated by or on behalf of Myabetes.com, and/or our owners and/or affiliates (collectively “Company,” “our,” “us,” or “we”) or contracted by us and provided by a third party (collectively “Third Party”).

Your access to and use of the Site, and the information and Services available through the Site, are subject to the terms, conditions and notices contained in or referenced in these Terms of Use, regardless of whether you possess an account through the Site linked to your name and/or contact information, as well as any other written agreement between us and you. In addition, when using particular Services on the Site, you will be subject to any posted rules applicable to those Services that may contain terms and conditions in addition to those in these Terms of Use.

By accessing or using the Site, you agree to these Terms of Use, as updated from time to time. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Site or Services. We may revise these Terms of Use at any time and any revisions will take effect immediately upon posting on this Site, unless we state otherwise.  Please check this Site periodically for updates. 

Privacy Policy

The Myabetes.com and Myabetes App Privacy Policy is part of these Terms of Use and is incorporated into the Terms of Use by this reference. By accepting these Terms of Use, you agree to our collection, use, and disclosure of information as described in the Privacy Policy as modified from time to time. We encourage you to review the Privacy Policy at https://myabetes.com/privacy-policy.

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. 

Our 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.

Upon termination or cancellation, your rights of participation in the Services automatically terminate and you must immediately stop use of the Site and the Services under these Terms of Use.  Any sections of these Terms of Use which by their nature are intended to survive, shall survive termination or cancellation.

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.

Your Account

You must be at least 18 to create an Account. In order to create an Account you will be required to provide us with certain personal information such as your name, email address, and telephone number and, if you wish to subscribe to the diabetic program, payment information. Information we collect during registration and through your use of the Services will be used as set forth in our Privacy Policy and will enable us and third party providers and vendors to provide the Services.  By creating an Account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any Account you establish, decline to provide you with Services on the Site, and/or refuse any or all current or future use of the Site or any portion thereof.

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.

Electronic Communications

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.

Intellectual Property

All content included in, or made available through, the Site, such as text, graphics, logos, designs, data, button icons, images, audio clips, digital downloads, data compilations, specialized content, technical data, documentation, know-how, and software, along with the compilation of such content, is the property of Company or its content suppliers, is protected by United States and international copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under United States, other national laws, or international law. All elements of the Site, including without limitation the general design of the Site and the content included therein, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Site may be used only for the intended purpose for which it is being made available. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site. The Site, their content, and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed.

All custom graphics, icons, logos, design marks and service names are registered trademarks, trademarks or service marks of Myabetes.com and/or its owners. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Myabetes.com and/or Myabetes.

Mobile Application

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.

You acknowledge that we may from time to time issue upgraded versions of the App and may upgrade automatically to your mobile device the version of the App that you are using. You consent to such automatic upgrading and agree that these Terms of Use will apply to all such upgrades.

You acknowledge and agree that the availability of the App is dependent on the Third Party websites and/or services from which you download the App (for example, the App Store from Apple or the Android app market from Google, each an “App Store”). You acknowledge that these Terms of Use are between you and Company and not with an App Store or provider of the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, such App Store terms and conditions.

Licensing of the App

You understand and agree that the App is licensed, not sold, to you for use only as outlined in these Terms of Use. We reserve all rights not expressly granted to you. We have the right to license the App and all underlying content, information, applications, and intellectual property. This license is limited to a non-transferable license to use the App on the applicable mobile device that you own or control, in accordance with these Terms of Use.

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 must be 18 years of age or older to access or use the Site. By using the Site, you represent that you are 18 years of age or older. If you use the Site as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Your Conduct

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.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. You agree that we may at any time, and at our sole discretion, terminate your Account and access to the Site without prior notice to you for violating any of the above provisions.

Marketing

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

Our Site may include links to external third-party websites and online services that are not under our control. We are not responsible for the collection, use, and disclosure of your information on those websites and other online services provided by those third parties. We encourage you to review the privacy policies and terms of use of each website and other online service you visit. The inclusion of links to external third-party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.

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.

Indemnification

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.

Dispute Resolution

You agree to use the dispute resolution procedures set forth herein with respect to any controversy or claim arising out of or relating to these Terms of Use or their breach. Any dispute between you and Company arising out of or in connection with these Terms of Use will be settled by a binding arbitration in San Diego, California, in accordance with the then-current rules and procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator will apply the law in accordance with the laws of the State of California. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that, any provision of law notwithstanding, the arbitrator will have the authority to award the prevailing party its costs and reasonable attorneys' fees. Any disputes between you and other users of this Site are not the responsibility of the Company.

Changes to These Terms of Use

We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use to the Site, or, if you possess an Account, we may communicate the modifications to you either when you visit Myabetes.com, log in to the App, or by sending you notice using the contact information that you have provided to us (including via text or email). Please check the “last updated” date at the top of this page to determine if these Terms of Use have been modified since you last reviewed them. Your continued use of the Site after that date means you agree to these updated Terms of Use.

Governing Law; Attorneys' Fees

Although the Site may be accessed by any user worldwide, the Site and Services are intended only for use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America ("U.S.") and its territories, and therefore may not comply with legal requirements of foreign countries. Myabetes.com and the Myabetes App are intended for use only by residents of the United States and its territories. Users residing outside of the U.S. and its territories are not permitted to register or to use the Services.  These Terms of Use are to be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. In any action to enforce these Terms of Use, the expenses of the arbitration, including reasonable attorney's fees, will be paid for by the party against whom the award of the arbitrator is rendered.

Severability

If an arbitrator or legal authority determines that any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated, and the remaining Terms of Use will remain in force and effect and continue to apply to your use of the Site and our Services.

Entire Agreement

These Terms of Use and any documents expressly incorporated by reference constitute the entire agreement between Company and you pertaining to your use of the Site and supersede all prior agreements, representations and warranties, both written and oral with respect to the Site.

Operation of the Site

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice, and without any liability to you: (a) modify, suspend, or terminate operation of or your access to the Site, or any portion of the Site, including but not limited to for your violation of these Terms of Use; (b) modify or change the Site, or any portion of the Site; and (c) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Site.

Contact Us

If you have any questions or concerns about the Site or these Terms of Use, please contact us at 1-877-391-9296. Alternatively, you may write to us in care of our administrator at:

Myabetes.com

MedImpact Healthcare Systems, Inc.
10181 Scripps Gateway Ct.
San Diego, CA 92131

Digital Millennium Copyright Act ("DMCA") Notice

In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Site. Myabetes.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Myabetes.com or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via the Site or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is info@Myabetes.com.

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 privacysecurity@myabetes.com 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.