Diabetes GladiatorTM

Terms of Service

Last Modified: January 5, 2016

King & Cabouli Direct Marketing, Inc. (the “Company”) provides Diabetesgladiator.com, Diabetesgladiador.com, Mydiabetesteam.com, Thetrillionaires.com, and Ilovemecafe.com, and all associated mobile applications (collectively, the “Site”) subject to these Terms of Service (the “Terms”). By using or accessing the Site in any way, you agree to be bound by the Terms and the Site’s Privacy Policy (the “Privacy Policy”), which may be accessed on the Site.

The Company reserves the right to revise the Terms at any time, with or without notice, by updating this document. The most recent version of the Terms will be posted on the Site under the link “Terms of Service.” By continuing to access the Site after the Terms are updated, you agree to accept the most recent version of the Terms in use on the Site.

1.    Use of the Site

(a)    THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. YOU SHOULD ALWAYS CONSULT A MEDICAL PROFESSIONAL IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR DIABETES OR YOUR HEALTH.

(b)    You represent and warrant that: (i) you are at least 13 years of age and can form a legally binding contract, (ii) all information you submit to the Site, including registration information, is complete, accurate and truthful, and (iii) you will maintain the accuracy of such information.

(c)    You will not register for, access, or use the Site in any way if prohibited by law in your jurisdiction.

(d)    Whether or not you register for the Site, and subject to the Terms, we grant you a limited, non-transferable, non-exclusive, personal license to use the Site for personal, non-commercial reasons (the “License”).

(e)    Your License and your Account (as defined below) may be terminated, suspended, or limited at any time, and without notice, by the Company. Without limiting the generality of the foregoing, you agree to:

i.    Not rely on the Site for medical advice and to seek the advice of a licensed medical professional before relying on any content posted on the Site.

ii.    Not transmit through the Site any false, infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material or content.

iii.    Not use the Site for any purpose that is illegal or in breach of a contract to which you are a party.

iv.    Not (a) data-mine the Site or its content, (b) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or its content, (c) modify, distribute, reproduce, or otherwise create derivative works of any part of the Site or its content, or (d) interfere with the Site’s accessibility, up-time, connectivity, or security.

2.    Registration

(a)    Certain portions of the Site may only be accessed by members who create an account by registering for the site (the “Account”). To create an Account, you will need to provide a unique username and password. You agree to keep your username and password confidential at all times. You agree to indemnify, defend, and hold harmless the Company, its owners, shareholders, directors, officers, and employees (collectively, “Affiliates”) for any use of your Account, whether authorized or unauthorized.

(b)    By creating an Account, you agree to receive both administrative and promotional emails from the Site. You may unsubscribe from these e-mails by following the “unsubscribe” link in any email.

3.    Intellectual Property

(a)    The Company reserves all rights and interest in and to the Site and all content posted therein. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Without limiting the generality of this Section 3(a), you agree not to modify, reproduce, sell, sub-license, make derivates of, or otherwise use any of the content of the Site, including (but not limited to) the terms (a) Diabetes Gladiator, (b) Diabetes Gladiador, (c) The Trillionaires, (d) I Love Me Café, (e) I Love Me Cafe, (f) Diabetes OK, (g) MyDiabetes Team, (e) Diabetes Gladiator. Defending your Health, or (f) Diabetes Gladiador. Defendiendo su salud.

(b)    Notwithstanding Section 3(a), you may share links to the Site but may not under any circumstance imply ownership or affiliation with the Site or the Company.

4.    Indemnification

(a)    You agree (to the fullest extent) to indemnify, defend, and hold harmless the Company and its Affiliates, from against any and all claims, expenses, and damages, including attorneys’ fees, arising from or related to (i) your use of, reliance on, and access to the Site or (ii) your violation of these Terms.

5.    Disclaimers

(a)    The Company provides the Site and the content on the Site as a helpful informational resource for people with diabetes and their loved ones. The Company does not provide medical advice and does not endorse or guarantee any opinion expressed in or through any of the Site’s content. The Site’s content is not intended to be a substitute for any medical or professional treatment or advice, and you agree to consult a licensed health professional with any questions or before adopting any of the Site’s content. You expressly acknowledge and agree that you are solely responsible for all risks associated with your use or reliance on the Site’s content. While the Company takes the time to research and provide helpful content, the Site’s content may not be complete or accurate.

(b)    If you are experiencing a medical emergency, you should call 911 immediately.

6.    No Warranty; Limitation of Damages

(a)    THE COMPANY PROVIDES THE SITE, INCLUDING ALL CONTENT PROVIDED THEREIN, ON AN “AS IS,”  “WHERE IS,” “WITH ALL FAULTS” BASIS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS. THE COMPANY MAKES NO GUARANTEES OR WARRANTIES AS TO THE TRUTH, ACCURACY, USEFULNESS, SUITABILITY, OR COMPLETENESS OF THE SITE THE CONTENT THEREIN. YOU AGREE TO USE THE SITE AT YOUR OWN RISK AND TO CONSULT A MEDICAL PROFESSIONAL WITH ANY QUESTIONS.

(b)    THE COMPANY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR DAMAGES, LIABILITIES, INJURIES, OR LOSSES WHATSOEVER RESULTING FROM YOUR USE OR RELIANCE ON THE SITE, WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, SPECIAL, OR PUNITIVE.

7.    Disputes

(a)    The Terms shall be governed and interpreted solely in accordance laws of the State of New York, without regard to conflicts of law. Any dispute arising under, or related to, the Terms shall be brought exclusively in the state and federal courts of Rockland County, New York. You consent to the exercise of personal jurisdiction and venue by such courts.

(b)    YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR COLLECTIVE ACTION, INCLUDING CLASS OR GROUP ARBITRATION.

(c)    Notwithstanding the terms of this Section 7, each party retains the right to bring an individual action to seek injunctive or other relief in a court of competent jurisdiction to (i) prevent the actual or threatened infringement of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights or (ii) prevent the tortious interference with a business practice.

8.    Miscellaneous

(a)    The Terms represents the complete and entire agreement between you and the Company regarding the use of the Site and any services of the Company.

(b)    You may not assign the Terms under any circumstance. The Company may freely assign the Terms in the case of a merger, sale, restructuring, or reorganization of the Company.

(c)    If any provision of the Terms is held invalid, the remainder of the Terms shall continue in full force and effect to the maximum extent allowed by law.

(d)    The Company’s failure or delay in exercising any right, power or privilege under the Terms shall not operate as a waiver of such.

9.    Contact Us

(a)    We welcome your comments, questions, and suggestions. Please contact the Company at: pauline@diabetesgladiator.com

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