Terms of Use and Privacy Policy for the Behavioral Diabetes Institute website

PLEASE READ THESE “TERMS AND CONDITIONS OF USE” CAREFULLY BEFORE USING THIS WEBSITE.

WHAT YOU SHOULD KNOW

Welcome to the Behavioral Diabetes Institute (“BDI”) behavioraldiabetesinstitute.org website (the “Website”). By using this website, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! Your continued usage of the BDI website will mean that you accept those changes.

The goal of this Website is to provide you with BDI information relating to meeting the psychological needs of people with diabetes and providing related links. Please read our Terms of Use (the “Terms”) carefully before continuing on with your use of this Website. These Terms shall govern the use of the Website and apply to all Internet traffic visiting the Website. By accessing or using this Website, you agree to the Terms. The Terms are meant to protect all of our Website visitors and your use of this Website signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE. BDI reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

In accordance with our goals, this Website will permit you to link to other Websites, that may or may not be affiliated with this Website and/or BDI, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such Websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.

THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the BDI website, such as text, graphics, images, videos and other information obtained from BDI’s licensors, and other material contained on the BDI website (“Content”) are for informational purposes only. 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 provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the BDI website!

If you think you may have a medical emergency, call your doctor or 911 immediately. The BDI does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by BDI, BDI employees, others appearing on the Site at the invitation of the BDI, or other visitors to the website is solely at your own risk.

Further, note that data and other information in the medical field change frequently and are subject to differing interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although the BDI endeavors to use reasonable care in assembling the information, you should be aware that the BDI has no obligation to update the information and that the information may contain errors, omissions, inaccuracies or outdated information. BDI makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and assumes, and shall have, no liability of any kind relating to the Information.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Website is controlled and operated by the Behavioral Diabetes Institute, P.O. Box 501866, San Diego, CA 92150-1866, telephone 1-858-336-8693. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by BDI or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to BDI.

Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of the BDI or the Providers. You may request consent by emailing a request to the BDI at info@behavioraldiabetes.org. Without the prior written consent of the BDI or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the behavioraldiabetesinstitute.org website and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited.

As a condition to your use of this Website, you warrant to the BDI that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. The BDI retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of the BDI.

Limited Permitted Use of Information

With written consent from the BDI, the use of any and all material obtained from the BDI and/or its website MUST retain all copyright and other proprietary notices, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of BDI and its licensors and suppliers. Further, the viewing, use, downloading and printing of Information is conditioned on your acceptance of any additional terms and conditions (including any license agreements and terms of use) relating to such Information that are presented or provided in connection therewith, including agreements of third parties. By acquiring or using the Information, you agree to such terms and conditions.

LINKS

This Website may contain links to other Websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under BDI’s control, and BDI is not responsible for, and does not endorse, such content, whether or not BDI is affiliated with the owners of such Linked Sites.

PRIVACY POLICY

We at the BDI take your privacy and the security of your important personal data very seriously. Our overall privacy policy is simple. Under no circumstances will the BDI sell or share any personal information about you to or with any person or organization except as authorized by you, to our authorized agents, the lenders in our network, or as may be required by law or court order.

Information we collect 

When you request information from us via the BDI website or by signing up for our email newsletter, you complete a simple information request form that includes certain personal information about you, including your name, address, phone number, e-mail address and related information.

Limited distribution of personal information 

At your direction, as when you click the “Submit” button on any information request form, the information that you provide to us will be sent over the Internet to our network. This information is used by us to provide you with information about our services. As a general rule, the BDI will not disclose any specific personal information that you submit to us about you.

Links to third party sites 

You should be aware that when you are on the BDI’s website you could hyperlink to other sites that are beyond our control and/or outside our service. The BDI does not control such sites, and, therefore, is not responsible for their contents or the hyperlinks or advertising they choose to place on such sites. The BDI’s inclusion of hyperlinks to these sites do not imply any endorsement of the material on such sites or any association with their operators.

Please keep in mind that whenever you give out information online (for example, via forms submission) that information can be collected and used by people you don’t know. While the BDI strives to protect our Customers’ information and privacy, we cannot guarantee the security of any information you disclose online, and you disclose such information at your own risk.

Your acceptance of these terms 

By using this site, you signify your agreement to the BDI’s Privacy Policy. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT USE THIS SITE. Your continued use of the BDI’s website following the posting of changes to these terms will mean you accept those changes.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, BDI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BDI, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. BDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT BDI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER BDI, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BDI AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BDI IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, BDI’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BDI and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or resulting from your use of this Web site.

THIRD PARTY RIGHTS

These Terms are for the benefit of BDI and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between BDI, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE BEHAVIORAL DIABETES INSTITUTE.