Terms of Use

These Terms of Use (“Terms”) of The College Diabetes Network, Inc., d/b/a The Diabetes Link, a nonprofit corporation organized under the laws of the Commonwealth of Massachusetts (“The Link,” “we,” “our,” or “us”) apply to all contents and information within our websites from which you are accessing these Terms, including https://www.thediabeteslink.org/, https://www.thediabeteslink.org/donate, https://support.thediabeteslink.org/campaign/800806/donate (collectively, the “Site”).

You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION AND ACCEPT THE TERMS SET FORTH HEREIN. IF YOU ARE NOT AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OR DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.

BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THE LINK MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE LINK TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 10 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH THE LINK.

1. Health Disclaimer; Assumption of Risk

THE SITE DOES NOT PROVIDE MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, 911 OR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOU USE THE SITE AND ANY INFORMATION PRODUCED BY THE SITE AT YOUR OWN RISK.

WE DO NOT OFFER MEDICAL ADVICE, DIAGNOSES OR OTHER RECOMMENDATIONS FOR TREATMENT, OR ENGAGE IN THE PRACTICE OF MEDICINE. THE CONTENTS OF THE SITE, INCLUDING TEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS CREATED BY THE LINK OR OTHERWISE CONTAINED IN THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO BE PROVIDED ARE DECISIONS THAT SHOULD BE MADE ONLY BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU HAVE REGARDING ANY ACTUAL OR POTENTIAL MEDICAL CONDITION OR SYMPTOMS YOU ARE EXPERIENCING.

RELIANCE ON ANY INFORMATION PROVIDED BY THE LINK OR IN CONNECTION WITH THE SITE IS SOLELY AT YOUR OWN RISK. THE LINK DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE SITE.

2. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

3. Privacy

Please review our Privacy Policy and Consumer Health Data Privacy Notice (“Privacy Policies”) which also apply to your use of the Site.

4. Intellectual Property

The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

5. License

The Link grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it, including any Content, may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of The Link.

6. Feedback

All material, information or other communication you submit, transmit, upload or post to the Site or provide to us including any reviews, ideas, comments, suggestions, feedback, or the like (“Feedback”) will be considered non-confidential and non-proprietary. Except with respect to personal information, which we will collect, use and disclose in accordance with our Privacy Policies, The Link will have no obligations with respect to the Feedback. You hereby assign to The Link all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to The Link, you agree The Link is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, The Link and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the Feedback for any and all commercial or noncommercial purposes anywhere in the world.

7. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site; or
Otherwise attempt to interfere with the proper working of the Site.

8. Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY THE LINK ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, SITE-RELATED SERVICES OR THE CONTENT. THE LINK MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, SITE-RELATED SERVICES OR ITS CONTENT.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE LINK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES’ AGGREGATE LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY CONTENT EXCEED TWO HUNDRED DOLLARS ($200.00).

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SITE-RELATED SERVICES OR ANY LINKED SITE THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any services used through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

9. Indemnification

You agree to indemnify, defend and hold harmless us and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from your use of the Site, any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

10. Arbitration Agreement

Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, our Site, or services offered through our Site will be resolved by binding arbitration, rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to this arbitration agreement. If the FAA is found not to apply to any issue that arises under this section or the enforcement of this arbitration agreement, then that issue shall be resolved under the laws of the Commonwealth of Massachusetts. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). Arbitration may proceed only on an individual basis and not as a class, collective, representative, consolidated, coordinated, or private-attorney-general action.

At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to The Diabetes Link, 50 Milk Street, 16th Floor, Boston, MA 02109 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. If the parties do not reach a resolution within 60 days from receiving a notice of dispute or after completing a timely requested settlement conference, whichever is later, then either party may initiate binding arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period. The parties may agree in writing to extend the pre-resolution period.

The arbitration will be conducted by JAMS under its then current and applicable Comprehensive Arbitration Rules & Procedures, and where applicable its Mass Arbitration Procedures and Guidelines, unless otherwise stated herein. JAMS’ rules and a form for initiating arbitration proceedings are available on the JAMS website at https://www.jamsadr.com/.

Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ rules. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel.

You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum) shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum), and JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum) shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process.

Enforceability. If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS, then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court.

Jury Trial Waiver and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each acknowledge and agree that we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF FORUM, WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OR LAWSUITS, WHETHER IN ARBITRATION OR IN A COURT OF LAW, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

11. Links to Third Party Sites and Online Services

Some aspects of the Site may allow you to interface with social media, such as Facebook, Instagram, LinkedIn, YouTube, TikTok and Discord. We will attempt to identify these aspects of the Site to you, for example, by identifying them with the applicable third-party logos or trade names. Any access to and use of such third-party websites or online services is governed by the privacy policies and terms of use of those third-party websites or online services, and we are not responsible for the information practices of such third-party websites or online services. If you access and use our Discord server, you agree to follow our community rules for the server, and also any applicable Discord policies, rules, or terms of service.

12. Governing Law

These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to any conflict of law principles.

13. Miscellaneous

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

14. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at privacy@thediabeteslink.org.