Please read these terms and conditions carefully.
Ingredient, nutritional and other information on our Application is based on information provided by the third-party providers using their current list of ingredients, etc. Additionally, the third-party providers will provide the actual ingredient, nutritional, and other information for products on their product labels. The accuracy of such information is not guaranteed by Company. As a result, we will not be, and are not, liable for any loss or damage that may occur based on your reliance on the ingredient, nutritional, or other information or that may result because of the products you purchase. You are solely responsible for ensuring that the products meet your dietary needs and restrictions. Our system is not designed to identify or prevent you from purchasing products that may have ingredients that may cause you allergic reactions or otherwise harm you. We are not responsible for any supplement, dietary, or product recommendations that may be contained on our Application. Supplement, dietary, and/or product recommendations may contain ingredients that you are allergic to. You are solely responsible for verifying all ingredient, dietary, or product recommendations before you rely on them. You are advised to seek medical advice from your physician or other health care professional before adopting any supplement, nutrition, dietary advice. Further, you are solely responsible for making sure that the products you purchaser does not contain any ingredients that may cause you allergic reactions or otherwise harm you. If you think you may be having an allergic reaction or other medical or health issue, promptly contact your health care provider and/or seek emergency medical attention.
1. Modifications to Terms of Service.
You must be eighteen (18) years old or older to use Company. By using Company, You represent and assume that You have the authority and capacity to enter into this Agreement and to abide by all the terms listed in this Agreement.
3. Mobile Terms and Conditions, Access, Alerts, and Downloads.
Company reserves the right to reject and to terminate your use of the Application at any time, for any reason or for no reason, without notice to You. Company also reserves the right to provide notices and alerts to Users from time to time about use of the Applicaitonand information on feature updates and changes.
ADW Diabetes offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 56409.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions.
By opting into the Service, you:
A. Authorize ADW Diabetes to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at (877) 241-9002. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on short code 56409, your message frequency may vary. You may receive alerts about:
D. Cart reminders
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. ADW Diabetes may add or remove any wireless carrier from the Service at any time without notice. ADW Diabetes and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from ADW Diabetes, text the word STOP to 56409 any time or reply STOP to any of the text messages you have received from ADW Diabetes. After texting STOP to 56409, you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to 56409. You can contact us by phone at (877) 241-9002 or email us at [email protected]
Changes to Terms
These mobile terms and conditions are subject to change at any time without notice.
4. Intellectual Property Protection.
All the content and information displayed or accessible on or through the Application, including without limitation, text, artwork, graphics, logos, button icons, images, audio clips, video clips, digital downloads, prices, products, product and service descriptions, and data compilations, is the property of Company. Such content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in these Terms of Service. Systematic retrieval of data or other information from the Application to prepare any collection, compilation, database, or directory is strictly prohibited.
The names and logos for Company, and any other Company graphics, logos, designs, screen headers, button icons, scripts and service names are trademarks or trade dress of Company. Company’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, screen layout, or form) of Company or any Company affiliates without Company’s express written consent. In addition, You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER COMPANY NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE APPLICATION. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under this Section would cause Company irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise
5. License Grant and Restrictions.
Company hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the Application to (i) utilize the features, content and tools that Company makes available to You through the Application or otherwise and (ii) receive information relating to the Services. You shall use the Application, and any Company content solely for Your personal use, and for no other purpose whatsoever without the express written consent of Company. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the Company content on the Application, including without limitation any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Service does not include any resale or commercial use of the Application, and such use is prohibited. You are also prohibited from creating any derivative works from the Application, or downloading or copying of any information for the benefit of another person or entity other than contemplated in these Terms of Service. Company reserves the right to suspend or deny, in its sole discretion, Your access to the Application, without notice to You.
ANY RIGHTS IN THE APPLICATION NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS OF SERVICE ARE RESERVED TO COMPANY.
ADW Diabetes makes the Application available to individuals (“Users” or “you”). All activities engaged in through the Application are subject to this Policy. This Policy explains what information ADW Diabetes collects about its Users, how ADW Diabetes uses and/or shares this information, and how such information is maintained. By using the Application, you accept the terms of this Policy.
This Policy applies only with respect to the information collected by ADW Diabetes through the Application, and not any information collected or obtained through other methods or sources. Please note that ADW Diabetes may change this Policy at any time (See “Changes to this Policy,” below), and that ADW Diabetes may in the future use your information for additional purposes not currently included in this Policy.
• Collection of Personally Identifiable Information
ADW Diabetes collects Users’ personally-identifiable information (“PII”) that is volunteered by Users. Examples of PII that may be requested and/or collected include but are not limited to: first and last name, address, zip code, email address, telephone number, facsimile number, and company or business identity. From time to time, ADW Diabetes may also present opportunities for Users to voluntarily provide additional information about themselves.
• Other information
We also use information that is automatically collected, to understand more about our App visitors, to determine how users navigate our App, to improve App performance, to protect the security and integrity of our App and business, to identify and protect our systems from fraudulent activity and access, to provide advertising that may be of interest to our visitors, and to monitor legal compliance.
• Use and Sharing of PII and other information we collect
ADW Diabetes uses PII and other information we collect to provide the User with information about ADW Diabetes’s Services, and to provide ADW Diabetes’s third-party vendors with information about User’s needs. YOUR USE OF THE APPLICATION SERVES AS YOUR ACKNOWLEDGEMENT AND APPROVAL OF THIS PRACTICE. IF YOU WANT TO ENSURE THAT YOUR PII IS NOT AVAILABLE TO THIRD PARTIES, YOU MUST DISCONTINUE YOUR USE OF THE APPLICATION.
Users’ PII and other information we collect may also be used to: deliver and improve our services; manage our business; manage your access and provide you with customer support; perform research and analysis about your use of, or interest in, our or others products, services, or content; communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties; develop, display, and track content and advertising tailored to your interests on our Service and other Applications including providing our advertisements to you when you visit other applications; analyze data about our Application (i.e., analytics); verify your eligibility to utilize our Service; enforce or exercise any rights in our Terms of Service; and perform functions or services as otherwise described to you at the time of collection.
PII and other information collected by us may be added to our databases and used for future marketing purposes, including but not limited to email and direct marketing. We may also share your PII with third-party vendors that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our Application functionality, and supporting other features offered as part of our services. These vendors may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
In addition, we may also disclose Users’ PII and other information we collect in order to: (1) comply with applicable laws (including, without limitation, the CAN-SPAM Act); (2) respond to governmental inquiries; (3) comply with valid legal process; (4) protect the rights or property of ADW Diabetes, including without limitation, filing copyright applications with the Library of Congress, Copyright Office, or (5) protect the health and personal safety of any individual.
By submitting your PII through the Application, you agree that your PII may be used in any manner contemplated in this section.
• How PII is Protected
We appreciate our Users and take your privacy seriously. Any PII that is stored on our computers is protected from unauthorized access and use via passwords as well as other standard industry-acknowledged means. Our servers which store this information are protected by a firewall. We take additional precautions for PII which is especially sensitive, such as financial information. We will only request or transmit this information over secure Internet connections using precautions such as Secure Sockets Layer (SSL) encryption, security keys and password authentication from any third parties receiving this information.
Though we take the utmost precautions to protect your PII, please be informed that no data transmission over a cellular phone or the Internet, nor any storage of information on servers or other media, is ever 100% completely secure. While we aim to protect your PII to the greatest extent possible, this policy is not intended to be, and should not be construed as, a warranty or guarantee of absolute security of your PII.
• Non-Personally Identifiable Information
ADW Diabetes may also collect certain non-personally identifiable information, including but not limited to the information more fully described below.
Authentication Tokens. ADW Diabetes may use authentication tokens on the Application. Authentication tokens are small pieces of information that enable the Application to more easily communicate and interact with the User. For example, ADW Diabetes may place an authentication token on a User`s mobile device if a User uses that device to register for ADW Diabetes’s Application. The next time that User uses the Application, ADW Diabetes`s server will recognize the authentication token (and the User) and allow the User to perform certain actions immediately without having to log in.
Mobile Device Identifiers. ADW Diabetes may collect information about the mobile devices from which you access the Application. We may collect and store the unique identifier assigned to your mobile device(s) by the manufacturer, or other identifying information about your device.
• First-party cookies and third-party cookies
Cookies can be first-party or third-party. A first-party cookie is one that you receive directly from Company when using our App. A third-party cookie is one that you have received from another party, such as Google or Facebook. We do not control what third parties do on other Apps. However, we may work with certain third-party providers such as Google or Facebook to permit their cookies to function through our App so we can learn more about your web experience on our App and better personalize our services for you.
• Persistent and session cookies
A persistent cookie is a cookie that is stored by the web browser on your device until it expires or you delete it. The expiration of a persistent cookie is determined by the creator of the cookie and can be upon a certain date or after a length of session time has passed. This means that, for the cookie’s entire lifespan, its information will be transmitted to the creator’s server every time the user visits the Application that it belongs to or another Application configured to check for that cookie (such as an advertisement placed on that Application). For this reason, persistent cookies are also called “tracking cookies.”
A session cookie is created temporarily on your device for use by the Application during your visit. This type of cookie may store information you enter and track your activity within the Application. A session cookie is deleted after you leave the Application or when the web browser is closed. A good example of a session cookie is the shopping cart on an e-commerce App. The session cookie stores the items that you add to your cart so they are not forgotten while you view products on other screens of the Application. Using a session cookie, the items will all be in the cart when you go to the checkout screen.
• Other Data.
All photographs, opinions, ideas, suggestions, other feedback, and all other information submitted by You through the Application may be used by us without any restriction and free of charge.
In certain areas of our Application, such as when you request more information, should you abandon a form on our Application, your information may still be collected and utilized for notices or communications pertaining to the App, products or services. If you choose not to provide personal information, you can still browse most of our Application (the areas that do not require registration) anonymously. If you place a call to us, whether by landline or mobile device, we may also capture your phone number and any other information you provide during the call. This information may also be used to communicate with you about the App, products or services via phone, mail, email, social media or third-party applications.
When you visit our App, we may directly and through third-party service providers automatically log certain information about your visit including: the screens you visit while on our App; the IP address of a referring Application, if any; the type of browser, device or hardware you are using; your IP address and general geographic information; and the date and time you accessed our App. Through the use of third-party tools, such as Google Analytics (Remarketing, Display Network Impression Reporting, Demographics and Interest Reporting, and other integrated services), we may also collect certain demographic information and information about interests from a portion of the visitors to our App. This information may link to personal data that you voluntarily provide to us which will allow us to serve interest-based ads and content.
Although the information collected through the foregoing methods does not itself contain any PII, ADW Diabetes may analyze and match such information with other information that you provide (including PII) as well as information that ADW Diabetes may obtain elsewhere, and ADW Diabetes may share all or some of such information with actual or prospective movers, van lines, or other third parties. ADW Diabetes may also disclose non-PII in order to comply with applicable laws; respond to governmental inquiries; comply with valid legal process; or protect the rights or property of ADW Diabetes or Users of the App.
• Access to Your Information
If you want to review, correct or change your User information, please submit your request in writing to [email protected].
• Third Party Services
In addition to the information about your visits to our Application, our service providers may also use the information about your visits to other Applications to target advertisements for programs and services available from us.
When you click the link to one of these other entities, you will leave the Application and be connected to the Application or Application of such entity. In such an event, this Policy will not apply to your use of, and activities on, those third-party Applications. ADW Diabetes does not have any control over the information handling practices of these other entities, and you should familiarize yourself with the privacy policies of such other entities before you share any PII with them. We encourage you to read all other legal notices posted by these other entities as well. ADW Diabetes shall have no responsibility or liability for your visitation to, and the data collection and use policies and practices of, these other entities.
• Note Concerning Individuals 18 Years of Age and Younger
The Application and the content available in connection therewith are neither intended for, nor directed to, children under the age of 18. You must be eighteen (18) years old or older to use this Application. By using this Application, You represent and assume that You have the authority and capacity to enter into this Agreement and to abide by all the terms listed in this Agreement. If ADW Diabetes learns that a User is under the age of 18, ADW Diabetes will promptly terminate the User’s access and delete the User’s PII from ADW Diabetes’s records. ADW Diabetes will not knowingly disclose or distribute such information to third parties.
While ADW Diabetes takes reasonable precautions to safeguard information transmitted between ADW Diabetes and Users of the Application ADW Diabetes may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information. Users acknowledge this risk when communicating with ADW Diabetes.
• Consent to Processing
By providing PII and other information to ADW Diabetes, Users of the Application fully understand and unambiguously consent to the collection and processing of such information in, and the transfer of such information to, the United States and other countries or territories, in accordance with the terms of this Policy.
• Transfer in Certain Circumstances
In its sole discretion, ADW Diabetes may transfer, sell or assign information collected on or about Users of the Application, including without limitation, PII and other User-provided information, to one or more third parties as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of ADW Diabetes.
• Opt Out
We honor all requests to be removed from our marketing lists. If you do not want to receive e-mail, telephone messages or direct mail from us, contact us at [email protected] and we will remove your name from our in-house list and add you to our marketing suppression list. You will also have an opportunity to add your phone number to our internal “Do Not Call” list during each phone call you receive from us. You will further have the ability to opt-out or manage certain advertising preferences through links provided in marketing and promotional e-mails you may receive. We honor all requests to be removed from our e-mailing lists within ten days, and update our suppression list every ten days. If you prefer to learn about new offers from us through a specific medium — for example, through the mail — simply let us know your preference by sending us an email at [email protected] .
We are fully committed to complying with your wishes regarding receiving commercial e-mail messages from us and with the laws regarding unsolicited e-mail. If for any reason you receive a commercial message directly from us or on our behalf more than ten days after making a request to be taken off our mailing list, we would request that you forward a copy of the e-mail to [email protected] with a brief explanation of your efforts to unsubscribe and the approximate timeframe you made the request. We will immediately investigate the matter, confirm that you have been removed, and provide a written response to you detailing our efforts. Please note that requests to be removed from our direct mail list will be processed as soon as possible, but given the nature of direct mail, it may be impossible to prevent a mailing that is being processed or underway from reaching you. If you receive multiple mailings from us after your request, please contact us at [email protected].
• EU GDPR - Notice to EU Residents
GDPR aims to bring privacy/data protection laws across Europe in accordance with the rapid pace of technological changes. GDPR introduce new obligations and liabilities on organizations that handle personal data by establishing a number of rights for Data Subjects. If you are a resident of the European Union, under the General Data Protection Regulation (GDPR), you now have the following rights:
1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure;
5. The right to restrict processing;
6. The right to data portability;
7. The right to object/withdrawal prior consent; and
8. Rights in relation to automated decision making and profiling.
Legal Basis for Processing Your Information
We rely on the following legal grounds to process your personal information:
• Performance of a contract. We may need to collect and use your personal information in order to perform our contractual obligations to deliver the programs or services to you.
Transferring personal data from the EU to the US
If you wish to exercise any of these rights or have questions as to other components of the GDPR, please make send such request to [email protected]. This action will trigger our formal Data Subject Action Request (DSAR) process in accordance with the GDPR. Once we verify your identity, we will work to respond to your request within 20 days. Additionally, we have retained the service of a Data Protection Officer (DPO) in accordance with the GDPR to assure the rights of Data Subjects are being met and that our processing remains consistent with the GDPR requirements. Our DPO can be contacted directly at [email protected].
• Notice to California Residents
Sale of Data
We do NOT “sell” personal information as defined by the CCPA. We will continue to monitor and review our processing activities and will notify you if this changes and take the appropriate steps to stay in compliance with the CCPA.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a Application, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. YES
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES
Personal information does not include:
• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope
• We obtain the categories of personal information listed above from the following categories of sources:
• Directly from you. For example, from documents that you provide to us related to the services for which you engage us.
• Indirectly from our customers or their agents. For example, through information we collect from you in the course of providing services to you.
• Directly and indirectly from activity on our Application. For example, from submissions through our Application portal or Application usage details collected automatically.
• From third-parties that interact with us in connection with the services we perform.
• From customers for whom we provide services.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order to enroll in a course, we will use that information to assist you in enrolling in such course.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our Application and present its contents to you.
• For testing, market research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We disclose your personal information for a business purposes to the following categories of third parties:
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you or to those third parties whose products or offerings we deem, in our sole discretion, to be of interest to you.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at [email protected].
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• Changes to This Policy
ADW Diabetes may, from time to time, amend this Policy, in whole or part, at its sole discretion. Any changes to this Policy will be effective immediately upon the posting of the revised policy to the Application.
• Questions About This Policy
7. Terms and Termination of Access.
This Agreement is effective starting on the date you use the Application for the first time and continues until terminated in accordance with this Agreement.
You understand and agree that Company, in its sole discretion, may terminate your right to use the Application, direct You to cease using the Application, and discontinue or restrict your access to the Application, all without notice to You and for any reason. You agree that Company shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Application, or any parts thereof.
While Company may restrict your use of the Application for any reason or for no reason at all, we will suspend, disable, delete, or otherwise limit or restrict your access if Company determines that You have violated any provision of this Agreement or that your conduct or content would tend to damage Company’s reputation or goodwill. If Company deactivates or otherwise restricts your access due to your misconduct, you shall not use the Application under a different name or different email address.
Upon termination of this Agreement, all licenses granted by Company to You will terminate. In the event of access restriction for any reason, whether on your behalf or ours, content that You submitted may no longer be available. Company is not responsible for the loss of such content.
8. Limitation of Liability.
You specifically agree that Company is not liable for any of your conduct while using the Application. Company is also not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the Application, including any injury or damage to your or any other person’s computer related to or resulting from use of the Application.
In no event shall Company be liable for any damages, including but not limited to any direct, indirect, incidental, special, or consequential damages resulting from your use or the inability to use the Application, any Company content, any information accessible on the Application, from any messages received through the Application, or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if Company has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.
You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to your use of the Application, or to interpret or enforce the Terms of Service within one (1) year of receiving the Terms of Service or be forever barred.
Company is not responsible for the conduct of any user. In no event shall Company, its affiliates or its partners be directly or indirectly liable for any losses or damages whatsoever, including but not limited to direct, indirect, general, special, compensatory, consequential, and/or incidental damages, arising out of or relating to the conduct of You or anyone else in connection with Your use of the Application and Company’s Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE APPLICATION, AND ANY COMPANY CONTENT, IS AT YOUR SOLE RISK. THE COMPANY CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON COMPANY COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COMPANY DOES NOT MAKE ANY WARRANTY THAT THE COMPANY CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY COMPANY CONTENT PROVIDED TO YOU, COMPANY DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY CONTENT PROVIDED ON OR THROUGH THE APPLICATION, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. COMPANY DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY APPLICATION OR APPLICATION, INCLUDING ANY ADVERTISER’S APPLICATION OR APPLICATION. COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE APPLICATION AND OTHER USERS OF THE APPLICATION. INFORMATION OBTAINED BY YOU FROM THE APPLICATION SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used Company, and no warranties shall apply after such period.
10. Your Conduct and Prohibited Activities.
Users are required to be civil and respectful at all times and in all interactions with Company and with any other User. In addition, You shall not:
• Attempt to submit information to the Application with more than one email address;
• Harass or stalk any other person;
• Harm or exploit minors;
• Act in a deceptive manner by, among other things, impersonating any person or entity;
• Solicit money from Company or other Users;
• Post any content that is prohibited by Section 13 herein;
• Express or imply that any statements you make are endorsed by Us without our specific prior written consent;
• Use the Application or our Services in an illegal manner or to commit an illegal act;
• Access the Application in a jurisdiction in which it is illegal or unauthorized;
• Ask or use other Users to conceal the identity, source, or destination of any illegally gained money or products;
• Use any robot, spider, App search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
• Collect others’ personal information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Application;
• Interfere with or disrupt the Application or the servers or networks connected to the Application;
• Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, computer hardware, or telecommunications equipment;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Application (either directly or indirectly through use of third party software);
• “Frame” or “mirror” any part of the Application, without Company’s prior written authorization;
• Use meta tags or code or other devices containing any reference to Us or the Application (or any trademark, trade name, service mark, logo or slogan of Company) to direct any person to any other Application for any purpose;
• Post, distribute, or reproduce in any way any copyrighted material, trademarks, service marks, trade names, logos, slogans, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
• Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
11. (a) Content Posted by You on Company.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available for use on the Application (collectively, “post”) to Company, including but not limited to text messages, chats, videos (including streaming videos), and photographs, whether publicly posted or privately transmitted (collectively, “Content”). You agree that any Content you place or provide access to for use on the Application may be viewed by Company as applicable for Company’s provision of its Services to You.
You are solely responsible for all activities that you perform. You agree to immediately notify Company of any disclosure or unauthorized use, or any other breach of security, at [email protected].
You may not post or transmit to Company or any other User any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity), via the Application. You represent and warrant that (i) all information that You submit is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on Company and grant the licenses set forth below.
You understand and agree that Company may, but is not obligated to, monitor or review any Content you post as part of the Application. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of Company or the Company Application.
11. (b) Advertising
Company’s business may be partly funded through advertising. You understand and agree that the Company Application and your use thereof may include advertisements, and that these are, in the sole discretion of Company, necessary to support the Application and the services provided by Company. To help make the advertisements relevant and useful to you, Company may allow advertisements based on the information we collect from you or in relation to your interaction on our App.
11. (c) Automated Queries
Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Company Application) are strictly prohibited, unless you have received express written permission from Company. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Company Application and provide an index with links to the Company Application, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
11. (d) Links to Third Party Apps
Company’s Application and services may include links to third-party products, services, Applications, hyperlinks to other Applications, and materials provided by third parties. Company does not endorse, and takes no responsibility for such products, services, Applications, and/or materials. Company makes no representations or warranties regarding the legality or appropriateness of any third party products, services, Applications, hyperlinks or materials. You understand that Company has no obligation to, and does not, review, evaluate, approve or monitor materials provided by third parties. Your dealings with any third party arising in connection with your use of Company’s Application are solely between you and such third party, and Company takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
12. Licenses Granted by You to Us.
By posting Content as part of the Service, you automatically grant to Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, you waive any so-called “moral rights” in your Content. If you suggest to Company any improvements or new features for Company or for its Application, Company shall have the right to implement such suggestions without any compensation to you.
13. Prohibited Content.
Your use of Company, including all Content You post, must comply with all applicable laws and regulations. In addition to the types of Content described in Section 10 above, the following is a partial list of Content which You are prohibited from posting to Company. You shall not post, upload, display or otherwise make available Content that:
• Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Advocates harassment or intimidation of another person;
• Requests money from, or is intended to otherwise defraud, Company or other Users;
• Involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
• Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
• Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
• Contains restricted or password only access screens, or hidden screens or images (those not linked to or from another accessible screen);
• Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
• Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
• Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
• Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
• Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users' ability to use the Application;
• Solicits passwords or personal identifying information of other Users for commercial or unlawful purposes;
• Disseminates another person's personal information without his or her permission; or
• Publicizes or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent.
Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Application and terminating or suspending access by such violators.
14. Your Representations and Warranties.
For each item of Content that you submit, you represent and warrant that: (i) you have the right to submit the Content to Company and grant the licenses set forth above; (ii) Company will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the Content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold Company, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you provide to Company, and the violation of any law or regulation by You. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.
16. Copyright Policy, Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Application in a way that constitutes copyright infringement, please notify our Copyright Agent at the following address:
The Concept Law Group, P.A.
6400 North Andrews Avenue,
Fort Lauderdale, FL 33309
To facilitate the processing of your claim, you will need to provide the Copyright Agent with the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Application are covered by a single notification, a representative list of such works at that App.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, an email address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company reserves the right to terminate or restrict access by repeat infringers.
17. Our Use of Your Information.
You agree that Company may access, preserve and disclose your information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
(i) Comply with legal process;
(ii) Enforce these Terms of Service;
(iii) Respond to claims that any Content violates the rights of third parties;
(iv) Respond to your requests for customer service;
(v) Allow you to use the Service in the future; or
(vi) Protect the rights, property or personal safety of Company or any other person or entity.
18. Reliance on Information Posted
The information presented on or through the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user to the Application, or by anyone who may be informed of any of its contents.
This Application may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
19. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER. Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Company will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Company hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Company ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Company AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Company are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Company, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party’s patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Services (collectively, “IP Claims”) shall not be subject to arbitration.
20. Miscellaneous Provisions.
A. Applicable Law
You acknowledge that the Content contained in the Company Application is controlled in and originates from the United States. Company does not make any representation that any of the Content is appropriate or available for use in other locations. Any claim relating to the use of the Application and any Content displayed thereon, shall be governed by the internal substantive laws of the State of Florida, without regard to its conflicts of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You expressly consent to the personal and exclusive jurisdiction of the state and federal courts located in, or having jurisdiction over, Broward County, Florida, United States for any such claim. You further agree that in the event Company prevails in any litigation or arbitration proceeding to interpret or enforce a party’s rights under these Terms of Service, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award Company its reasonable attorneys’ fees, costs, and litigation expenses incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement.
This Agreement shall bind and inure to the benefit of Company’s successors, assigns and licensees. Company shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of Company’s assets, or operation of law without your consent, or notice to You. Any attempted assignment by You shall be null and void, and not have any legal force or effect.
The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
E. Entire Agreement
These Terms of Service, and your consent thereto as demonstrated by your use of the Application, constitute the entire agreement between You and Company relating to the subject matter of this Agreement.
F. Descriptive Headings
The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.
G. Hosting of the Service; Export Restrictions. The Application is controlled and operated from facilities in the United States. Company makes no representations that the Application is appropriate or available for use in other locations. Anyone who accesses or uses the Application from other jurisdictions (or who allow their Authorized Users to do so) do so of their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. If you are located outside of the United States, you agree that we may transfer, store and process your data in locations other than your country. The export and re-export of content via the Application may be controlled by the United States Export Administration Regulations or other applicable export restrictions or embargo. The Application may not be used in any country that is subject to an embargo by the United States and you may not use the Application in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. In addition, you must ensure that the Application is not made available by you for use by persons or entities blocked or denied by the United States government.
H. Information Providing On The Application
The information provided on the Application is mirrored information from publicly available Apps or information that was obtained by the Company and/or the Application. If the respective information on the Application belongs to you and you have any complaints about the use of either your intellectual property or personal contact information, please contact [email protected] immediately.