Prodigy Diabetes Care, LLC – Website
Welcome to the Prodigy Diabetes Care, LLC (“Prodigy”) website. Please review these Terms and Conditions of Use (“Terms”). Your access and use of this website (“Site”) constitute your consent to the Terms and your agreement to be legally bound by them. There may be additional or different terms and conditions stated elsewhere on the Site that apply to your access and use of the Site. Unless otherwise stated in these Terms, any reference to “Prodigy” refers to Prodigy Diabetes Care, LLC and all of its affiliates.
Prodigy® may modify these Terms at any time, and those modified Terms will become effective immediately after Prodigy® posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to these Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms will constitute breach of contract and may violate Prodigy’s copyright, trademark, and other proprietary and intellectual property rights.
Transmission of Information and Other Materials via the Site
Prodigy® does not want you to send to it via the Site, and you should not send to it via the Site, unsolicited ideas, suggestions, or materials. You agree that any information or materials that you or individuals acting on your behalf send to Prodigy® via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Information”), will not be considered confidential or proprietary, even if the Information is labeled “Confidential” or “Proprietary.” Prodigy® will own all Information you submit to it via the Site, and by submitting the Information to Prodigy, you assign to Prodigy all worldwide rights, title and interest in and to that Information. Prodigy® will not have any obligation to keep Information confidential and will be free to reproduce, use, disclose and distribute Information to others without limitation or liability. Prodigy® may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation or attribution to you. Prodigy® welcomes your comments and suggestions on the Site and its services, but Prodigy® does not solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services.
You are prohibited from posting on or transmitting to the Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.
Prodigy® does not offer medical advice. Please do not send unsolicited medical questions via email, because Prodigy’s staff will not review or answer them.
The Site is not intended for children under the age of 13. Prodigy® will not knowingly collect personally identifiable information via the Site from visitors in this age group.
1. Copyright. Prodigy® owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by copyright. Absent Prodigy’s express written permission as to particular Content on the Site, you may use the Content only for limited personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose without Prodigy’s prior written consent. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
2. Trademarks. Prodigy® or its affiliates own or license all trademarks, service marks, and trade names on the Site, including “PRODIGY”, “PRODIGY VOICE”, “PRODIGY AUTOCODE”, “PRODIGY POCKET”, and “LIVING WELL WITH DIABETES”, unless stated otherwise on the Site. You may not use these marks without Prodigy’s prior express written permission. Prodigy® grants a limited license to print media publishers only to use the trademarks and service marks found on the Site solely for the purpose of illustrating an article.
3. Rights of User. Except as expressly provided above, Prodigy® is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of Prodigy®, its affiliates, or any third party. You obtain no rights in the products, services, processes, or technology described on this Site by accessing or using the Site. Prodigy® and its affiliates, and all third party owners, retain all of those rights.
4. Copyright Infringement Claims. If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (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 or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on Prodigy® actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to: Prodigy Diabetes Care, LLC, 7224 Statesville Road, Suite A, Charlotte, NC 28269.
Disclaimers of Warranties
Prodigy disclaims all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. Prodigy® disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. Prodigy® does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. Prodigy® and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interrupts, or losses, including loss of data.
It is possible that some software you may download from the Site is subject to government export controls or other restrictions. By using the Site, you acknowledge these restrictions, agree that you are subject to them, and agree that you will comply with those regulations before you export any of that software.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. PRODIGY® DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULT FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL PRODIGY®, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM PRODIGY, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.