Terms & Conditions
Terms & Conditions
Mar 21, 2020
Welcome to Diabetics United.com. Diabetics United Services LLC and/or its affiliates (“Diabetics United”) provide website features and other products and services to you when you visit or shop at Diabetics United.com, use Diabetics United products or services, use Diabetics United applications for mobile, or use website provided by Diabetics United in connection with any of the foregoing (collectively, “Diabetics United Services”). Diabetics United provides the Diabetics United Services subject to the following conditions.
By using Diabetics United Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Diabetics United Services, and sometimes additional terms may apply. When you use any Diabetics United Services (for example, Your Profile, Gift Cards, Diabetics United Video, Your Media Library, Diabetics United devices, or Diabetics United applications) you also will be subject to the guidelines, terms and agreements applicable to that Diabetics United Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Diabetics United Services, to understand our practices.
When you use Diabetics United Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Diabetics United Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Diabetics United Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and website is the property of Diabetics United or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Diabetics United Service is the exclusive property of Diabetics United and protected by U.S. and international copyright laws.
Diabetics United’s trademarks and trade dress may not be used in connection with any product or service that is not Diabetics United’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Diabetics United. All other trademarks not owned by Diabetics United that appear in any Diabetics United Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Diabetics United.
One or more patents owned by Diabetics United apply to the Diabetics United Services and to the features and services accessible via the Diabetics United Services. Portions of the Diabetics United Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Diabetics United or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Diabetics United Services. This license does not include any resale or commercial use of any Diabetics United Service, or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of any Diabetics United Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Diabetics United or its licensors, suppliers, publishers, rightsholders, or other content providers. No Diabetics United Service, nor any part of any Diabetics United Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Diabetics United. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Diabetics United without express written consent. You may not use any meta tags or any other “hidden text” utilizing Diabetics United’s name or trademarks without the express written consent of Diabetics United. You may not misuse the Diabetics United Services. You may use the Diabetics United Services only as permitted by law. The licenses granted by Diabetics United terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Diabetics United account to use certain Diabetics United Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Diabetics United does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Diabetics United Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Diabetics United Household. Alcohol listings on Diabetics United are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Diabetics United reserves the right to refuse service, terminate accounts, terminate your rights to use Diabetics United Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain website viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Diabetics United reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Diabetics United a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Diabetics United and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Diabetics United for all claims resulting from content you supply. Diabetics United has the right but not the obligation to monitor and edit or remove any activity or content. Diabetics United takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Diabetics United respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify Diabetics United at: [email protected].
RISK OF LOSS
All purchases of physical items from Diabetics United are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
At Diabetics United’s discretion, a refund may be issued based on a case-by-case basis. If a refund is warranted, please contact Diabetics United at: [email protected] and give a full description of why a refund is expected along with contact information of the buyer/seller.
Diabetics United attempts to be as accurate as possible. However, Diabetics United does not warrant that relayed product descriptions or other content of any Diabetics United Service is accurate, complete, reliable, current, or error-free. If a product promoted by Diabetics United is not as described, your options are to contact the seller for a full refund or notify Diabetics United ([email protected]) of the inaccuracy without guarantee of receiving a refund.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Diabetics United regularly checks List Prices against prices recently found on Diabetics United and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Diabetics United.
With respect to items sold on DiabeticsUnited.com, we cannot confirm the price of an item until you place your order through the seller’s site. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Diabetics United is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
Generally, the buyer is not charged via credit card until after the order has officially processed or, for digital products, until the digital product is available to you.
When you use apps created by Diabetics United you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Diabetics United Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Diabetics United Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, website (including Diabetics United Website), technology, and services.
Parties other than Diabetics United operate stores, provide services or website, or sell product lines through the Diabetics United Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Diabetics United. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Diabetics United does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the seller’s privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DIABETICS UNITED SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING WEBSITE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIABETICS UNITED SERVICES ARE PROVIDED BY DIABETICS UNITED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIABETICS UNITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIABETICS UNITED SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING WEBSITE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIABETICS UNITED SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIABETICS UNITED SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, DIABETICS UNITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIABETICS UNITED DOES NOT WARRANT THAT THE DIABETICS UNITED SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING WEBSITE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIABETICS UNITED SERVICES, DIABETICS UNITED’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DIABETICS UNITED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DIABETICS UNITED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DIABETICS UNITED SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING WEBSITE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER/BUYER THROUGH ANY DIABETICS UNITED SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Diabetics United Service, or to any products or services sold or distributed by Diabetics United or through DiabeticsUnited.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Diabetics United Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Diabetics United.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Diabetics United Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1302 Waugh Drive #489
Houston, TX 77019
ADDITIONAL DIABETICS UNITED WEBSITE TERMS
The following terms (“Website Terms”) apply to any website (including any updates or upgrades to the website) and any related documentation we make available to you in connection with Diabetics United Services (the “Diabetics United Website”).
- Use of the Diabetics United Website. You may use Diabetics United Website solely for purposes of enabling you to use the Diabetics United Services as provided by Diabetics United, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Diabetics United Website into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Diabetics United Website in whole or in part. All website used in any Diabetics United Service is the property of Diabetics United or its website suppliers and is protected by United States and international copyright
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Diabetics United Website, whether in whole or in
- We may offer automatic or manual updates to the Diabetics United Website at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the Diabetics United Website to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Diabetics United Website are the same as the rights we grant to all others under these Conditions of
- In the event of any conflict between these Conditions of Use and any other Diabetics United or third-party terms applicable to any portion of Diabetics United Website, such as open-source license terms, such other terms will control as to that portion of the Diabetics United Website and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint to: [email protected] This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
Please give Diabetics United 5 business days to respond to concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrightinterest;
- A description of the copyrighted work that you claim has been infringedupon;
- A description of where the material that you claim is infringing is located on thesite;
- Your address, telephone number, and e-mailaddress;
- 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;and
- 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 authorized to act on the copyright owner’s behalf.