Terms of Service

1. Acceptance of Terms

By accessing or using the website located at https://www.defeatdiabetes.buzz and any associated services, content, tools, applications, coaching programs, or platforms provided by Defeat Diabetes Foundation Inc., a Florida nonprofit corporation with its principal place of business at 2272 US Highway 1, Mims, Florida 32754-3846, United States, you agree to be legally bound by these Terms of Service. If you do not agree to all of these terms, you must not access or use our services.

These Terms of Service constitute a legally binding agreement between you and Defeat Diabetes Foundation Inc., also referred to herein as Defeat Diabete, the Developer, we, us, or our. Your use of our website and services is expressly conditioned on your compliance with these terms.

2. Medical Disclaimer

3. Eligibility and Account Registration

Our services are intended for individuals who are at least 18 years of age. By creating an account or using our services, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into a binding contract, and that all information you provide to us is accurate, truthful, current, and complete.

If you create an account on our platform, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at assist@defeatdiabetes.buzz of any unauthorized access to or use of your account. We reserve the right to suspend or terminate accounts for any reason, including breach of these terms.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, materials, and features available on or through our website and services, including but not limited to text, graphics, logos, icons, images, audio clips, video content, data compilations, software code, algorithms, nutritional protocols, coaching methodologies, and the overall design, selection, and arrangement thereof, are the exclusive property of Defeat Diabetes Foundation Inc., its licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The trademarks, service marks, and logos used and displayed on our website, including DEFEAT DIABETES, DEFEAT DIABETE, and the Defeat Diabetes Foundation logo, are registered and unregistered trademarks of Defeat Diabetes Foundation Inc. Nothing in these Terms of Service grants you any right to use any trademark without our prior written permission.

4.2 License to Use

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and services for your personal, non-commercial purposes. You may download or print a reasonable number of copies of content from our website solely for your personal, non-commercial use, provided that you maintain all copyright and other proprietary notices intact.

4.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, broadcast, or commercially exploit any portion of our content, materials, or services without our express prior written consent, except as expressly permitted by applicable copyright law or as described in Section 4.2 above. You may not use any data mining, robots, or similar data gathering or extraction methods. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software used in connection with our services.

5. User Conduct and Responsibilities

You agree that you will not use our website or services for any purpose that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of the privacy of others, hateful, or otherwise objectionable. You agree not to upload, post, transmit, or otherwise make available any content that:

• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• Contains software viruses, malware, ransomware, Trojan horses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
• Impersonates any person or entity, including any employee or representative of Defeat Diabetes Foundation Inc., or falsely states or otherwise misrepresents your affiliation with a person or entity;
• Collects or stores personal data about other users without their express consent;
• Interferes with or disrupts the website, services, servers, or networks connected to the website, or disobeys any requirements, procedures, policies, or regulations of networks connected to the website.

6. Payment, Fees, and Refunds

Certain features and services offered through our platform may require payment of fees. All fees are stated in United States dollars and must be paid in advance unless otherwise agreed in writing. You authorize us to charge the payment method you provide for the applicable fees and any applicable taxes. You represent and warrant that you are authorized to use the payment method you provide.

We reserve the right to change our pricing and fee structure at any time upon reasonable notice to you. Price changes will not affect any service period for which you have already prepaid. Refund policies for specific programs are described at the time of purchase. If you believe you are entitled to a refund, please contact us at assist@defeatdiabetes.buzz within 14 days of the transaction.

7. Third-Party Services and Links

Our website and services may contain links to third-party websites, applications, and services that are not owned, operated, or controlled by Defeat Diabetes Foundation Inc. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website or service from our website, you do so at your own risk, and you understand that these Terms of Service and our Privacy Policy do not apply to your use of such third-party destinations. You should review the applicable terms and policies of any third-party site before using it.

8. Digital Millennium Copyright Act (DMCA) Compliance

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, we will respond promptly to claims of copyright infringement reported to our designated copyright agent. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with a written notice containing the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing, with sufficient detail to locate it on our website;
• Your contact information, including address, telephone number, and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA notices should be sent to assist@defeatdiabetes.buzz with the subject line DMCA Notice.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEFEAT DIABETES FOUNDATION INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEFEAT DIABETES FOUNDATION INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, COACHES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Cap on Damages

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF DEFEAT DIABETES FOUNDATION INC. FOR ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OF SERVICE EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS OR THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

10. Indemnification

You agree to defend, indemnify, and hold harmless Defeat Diabetes Foundation Inc., its directors, officers, employees, contractors, agents, coaches, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or in any way connected with your access to or use of our website or services, your violation of these Terms of Service, your violation of any third-party right including any intellectual property right, or your violation of any applicable law, rule, or regulation.

11. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to all or part of our website and services, with or without notice, for any reason or no reason, including but not limited to any violation of these Terms of Service. Upon termination, your right to access and use our services will immediately cease. All provisions of these terms that by their nature should survive termination, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability, shall survive.

12. Modification of Terms

We reserve the right to modify, amend, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will provide reasonable notice through our website or by sending an email to users who have registered accounts. The updated terms will be effective as of the date posted. Your continued use of our website or services after any such modification constitutes your acceptance of the new terms. If you do not agree to the modified terms, you must discontinue use of our services.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms of Service and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction.

13.2 Venue

Any legal action, suit, or proceeding arising out of or related to these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Brevard County, Florida. You and Defeat Diabetes Foundation Inc. irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or forum non conveniens.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14. General Provisions

Entire Agreement: These Terms of Service, together with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Defeat Diabetes Foundation Inc. regarding your use of our website and services, superseding all prior or contemporaneous communications, whether electronic, oral, or written.

Severability: If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to achieve the intended economic effect to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. A waiver of any breach of these terms shall not be deemed a waiver of any subsequent breach.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer our rights and obligations under these terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance of our obligations under these terms resulting from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, government action, internet or utility disruptions, epidemics, or pandemics.

15. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please reach out to us. We are here to help and committed to addressing all inquiries in a timely manner.