Prana Diabetes, Inc. ("Prana Diabetes," the "Company," "we," "us" or "our") owns and operates the HabitNu website (the "HabitNu Site" or the "Site") to provide information to help manage diabetes through interactive monitoring of diet, exercise and blood sugar levels and enabling the sharing of electronic record keeping with physicians (the "services").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Site, 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 the Site.
We may revise and update these Terms and Conditions at any time. Your continued usage of the HabitNu Site will mean you accept those changes.
The Site Does Not Provide Medical Advice
Use of Content
Liability of Prana Diabetes and Its Licensors
User Media Submissions – Image, Video, Audio files
Prana Diabetes Community and Member to Member Areas
Advertisements, Search and Links to Other Sites
Notice and Take Down Procedures, Copyright Agent
The Site Does Not Provide Medical Advice
The contents of the HabitNu Site, such as text, graphics, images, information obtained from Prana Diabetes' licensors, and other material contained on the HabitNu Site ("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 HabitNu Site.
If you think you may have a medical emergency, call your doctor or emergency medical service immediately. Prana Diabetes does not recommend or endorse any specific tests, physicians, products or procedures. Reliance on any information provided by Prana Diabetes, Prana Diabetes employees, consultants, contributors or others appearing on the Site at the invitation of Prana Diabetes, or other visitors to the Site is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
Prana Diabetes authorizes you to view or download a single copy of the material on the HabitNu Site solely for your personal, non-commercial use if you include the following copyright notice: "©2016, Prana Diabetes, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright laws. Title to the Content remains with Prana Diabetes or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Prana Diabetes. All rights not expressly granted herein are reserved to Prana Diabetes and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Prana Diabetes and Its Licensors; Disclaimers
The use of the HabitNu Site and the Content is at your own risk.
When using the HabitNu Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Prana Diabetes and its suppliers. Accordingly, Prana Diabetes assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The HabitNu Site and the content are provided on an "as is" basis. PRANA DIABETES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, Prana Diabetes, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the HabitNu Site.
The quality of any products or services identified on the Site.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the HabitNu Site.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, ALL ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS ON THE COMPONENTS OF THE SITE AND WITH PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
You expressly understand that Prana Diabetes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Prana Diabetes has been advised of the possibility of such damages). In no event shall Prana Diabetes, its licensors, its suppliers, or any third parties mentioned on the HabitNu Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the HabitNu Site or the Content, whether based on warranty, contract, tort, or any other legal theory. Prana Diabetes, its licensors, its suppliers, or any third parties mentioned on the HabitNu Site shall be liable only to the extent of actual damages incurred by you, not to exceed the amount actually paid by you to Prana Diabetes during the preceding 12 months. Prana Diabetes, its licensors, its suppliers, or any third parties mentioned on the HabitNu Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The Site may contain functionality that allows users to upload content to the Site (collectively "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Prana Diabetes by email, (including through the email addresses listed on the "Contact" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Prana Diabetes by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Prana Diabetes by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Prana Diabetes a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Prana Diabetes may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Prana Diabetes by email. We try to answer every email in a timely manner, but are not always able to do so.
Prana Diabetes is under no obligation to monitor the accuracy or reliability of user submissions and has no control over the representations or actions of its users. Although these Terms and Conditions require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user's purported identity or submission. You are responsible for evaluating the information provided on the Site.
User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (such as photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (such as name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the HabitNu Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
By uploading any media like a photo or video, (a) you grant to Prana Diabetes a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Prana Diabetes to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Prana Diabetes and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.
Prana Diabetes reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Prana Diabetes has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Prana Diabetes passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Prana Diabetes account and password; (3) promptly inform Prana Diabetes if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact" links located at the bottom of the home page of the Site. You grant Prana Diabetes and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Prana Diabetes cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Prana Diabetes tools and services.
If you use a message board, blog or other member communities ("Public Areas"), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Prana Diabetes and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency medical service immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Reproducing, duplicating, copying, reverse engineering, selling, reselling or exploiting any portion of the Site without the express written permission of Prana Diabetes;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Prana Diabetes in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses, worms or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments;
Interfering with or disrupting (or attempting to do so) the access of any user, host or network or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site;
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Prana Diabetes, exposes Prana Diabetes or any of its customers or suppliers to any liability or detriment of any type.
Prana Diabetes reserves the right (but is not obligated) to do any or all of the following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the HabitNu Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication posted on the HabitNu Site, regardless of whether such communication violates these standards.
Prana Diabetes and its licensors have no liability or responsibility to users of the HabitNu Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Prana Diabetes may provide links to third-party web sites. Prana Diabetes also may select certain sites as priority responses to search terms you enter and Prana Diabetes may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Prana Diabetes does not recommend and does not endorse the content on any third-party websites. Prana Diabetes is not responsible for the content of linked third-party sites, sites framed within the HabitNu Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Prana Diabetes does not endorse any product, service, or treatment advertised on the HabitNu Site.
You agree to defend, indemnify, and hold Prana Diabetes, its officers, directors, 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, or in any way connected with (i) your access to or use of the Site; (ii) your violation of these Terms and Conditions; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right by you; or (iv) your use of the Site .
Prana Diabetes is based in Chicago, Illinois, in the United States of America with principal offices in Chicago, Illinois and with offices and certain affiliated companies in India. Prana Diabetes makes no claims that Prana Diabetes or the Content are appropriate or may be downloaded outside of the United States or India. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Prana Diabetes, or in any way relating to your use of the Site, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving Prana Diabetes or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Prana Diabetes' copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Prana Diabetes' agent for copyright issues relating to this web site is as follows:
Synergy Law Group, LLC
730 W. Randolph Street
Chicago, IL 60661
In an effort to protect the rights of copyright owners, Prana Diabetes maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Last Updated: September 18, 2016