Every online relationship has rules of engagement. For the record, here are our, drum roll please,

Site Terms and Conditions

 

General
Your use of the Divabetic (the “Divabetic”) Website (the “Site”) constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms and Conditions”). If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. These Terms and Conditions of use are subject to change from time to time without notice. Your use of the Site following any change constitutes your agreement to be bound by the terms and conditions then in effect.
Use License
Divabetic is a tax-exempt, non-profit organization pursuant to Section 501(c) (3) of the United States Internal Revenue Code and a registered Public Charity under the laws of the state of New York. Our request for donations is addressed to those individuals and entities within the jurisdictions where Divabetic is lawfully permitted to seek your assistance. Unauthorized individuals, institutions and other entities may not act on behalf of Divabetic, use its property or solicit contributions without express authorization from Divabetic. You may not violate or attempt to violate the security of the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. It is Divabetic’s policy to comply with all applicable laws and regulations as they may be modified from time to time. In the event that any provision of this User Agreement may be in conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision. This User Agreement and your use of this Site are and shall be governed and construed in accordance with the internal laws of the state of New York, without regard to its rules concerning conflict of laws. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. Divabetic grants you the non-exclusive permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately cease use of the Site, including any materials that you may have previously printed.
Copyrights
The Site, and all materials on this Site, including photographs, designs, illustrations, images and text are the copyrighted property of the Divabetic and its affiliates, or third party content providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products and services or services from this Site. For purposes of these Terms and Conditions, any use of the materials contained on this site or any other website or for any other purposes except as provided in the Use License is expressly prohibited.
Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of Divabetic and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Divabetic aggressively enforces its intellectual property rights to the fullest extent of the law. The Divabetic brand may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Divabetic. Fair use of Divabetic’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.
Medical Information
Divabetic provides general information for educational purposes only. The information provided by Divabetic should not be construed as an attempt to offer or render medical opinion or engage in the practice of medicine, nor should the information be a substitute for medical or professional care or the advice of your personal medical provider.
Privacy Policy and Cookies Disclaimers
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app? When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

When do we collect information? We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.

How do we use your information? We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services.

How do we protect your information? Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’? Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save user’s preferences for future visits.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies. If you turn cookies off, some features will be disabled. It won’t affect the user’s experience that make your site experience more efficient and may not function properly. However, you will still be able to place orders.

Third-party disclosure

From time to time, we offer products and services available from third-party vendors, which may require the transfer to outside parties your Personally Identifiable Information.

Third-party links

Divabetic.org may contain links to sites owned or operated by parties other than Divabetic. Such links are provided for your reference only.  Divabetic does not control outside sites and is not responsible for their content.  Divabetic’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that Divabetic is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.  If you decide to access any of the third party sites linked to Divabetic.org, you do so entirely at your own risk.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via in-site notification within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can: Follow the instructions at the bottom of each email  and we will promptly remove you from all correspondence.

Feedback

Any comments or feedback you provide to Divabetic regarding the Site or Divabetic’s products or services are deemed to be non-confidential.  This includes suggestions, ideas, comments or other submissions to Divabetic, whether through the Site or otherwise.  Divabetic shall be free to use such comments or feedback on an unrestricted basis, without compensation to you.  You agree that no comments or feedback submitted by you to Divabetic will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.

Disclaimers of Warranties / Limitation of Liability
While Divabetic uses reasonable efforts to confirm the reliability and accuracy of information on the Site, there is no guaranty that such information is accurate, and therefore all information is provided on an “as is” basis.

DIVABETIC MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCTS AND SERVICES OR SERVICES ASSOCIATED WITH THIS SITE, OR THE SUITABILITY OF THE CONTENT, PRODUCTS OR SERVICES ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DIVABETIC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DIVABETIC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE (INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE) OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER DIVABETIC, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DIVABETIC’S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.

Indemnification

You agree to defend, indemnify, and hold Divabetic, its officers, directors, managers, members, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Contacting Us
If you have any questions about this agreement, please send us an e-mail at admin@Divabetic.org. Although Divabetic will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Divabetic does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. If you prefer to contact Divabetic in writing, you may contact the organization using the information below.

Divabetic c/o Malesardi, Quackenbush & Swift

155 N Dean Street

Englewood, NJ 07631

Jurisdiction and Governing Laws
You agree that this agreement and your use of this Site are governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New York County, New York, USA in all disputes arising out of, relating to, or in any manner concerning this Site and/or this agreement. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Divabetic has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Arbitration

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in New York, NY, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

Miscellaneous
You agree that Divabetic may at any time and without notice change the terms, conditions and notices under which this Site is offered. Divabetic reserves the right in its sole discretion to deny access to the Site or any portion thereof to any person or user without notice.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Divabetic as a result of this agreement or your use of this Site.

Divabetic’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Divabetic’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Divabetic with respect to such use. This agreement and Divabetic Privacy Policy constitutes the entire agreement between you and Divabetic with respect to this Site.

This agreement and Divabetic Privacy Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Divabetic with respect to this Site. No modification of this agreement shall be effective unless it is authored by Divabetic or its affiliates, or unless it is physically signed by a Divabetic officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Divabetic in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Divabetic in printed form.

This document was last updated on September 10, 2016.

Copyright © 2016 Divabetic, LLC. All Rights Reserved.