Beyond Type 1 (“Beyond Type 1,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our online services (the “Services”), which are made available to you through our websites located at https://beyondtype1.org, http://www.tudiabetes.org/, and http://www.estudiabetes.org/ (collectively, the “Sites” and each, a “Site”).
THE SITES DO NOT PROVIDE MEDICAL ADVICE. The Sites, the Beyond Type 1 Content, and the Third Party Materials are provided for informational purposes only, and are not intended as 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 made available to you on the Sites, the Beyond Type 1 Content, or the Third Party Materials. If you think you may have a medical emergency, call your doctor or 911 immediately. Beyond Type 1 does not recommend or endorse any specific tests, providers, products, procedures, opinions, or other information that may be mentioned on the Sites, the Beyond Type 1 Content, and the Third Party Materials. Reliance on the Sites, the Beyond Type 1 Content, and the Third Party Materials is solely at your own risk.
THE SECTION BELOW TITLED “MISCELLANEOUS” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
Use of Personal Data
Beyond Type 1 App and Online Community on Mightybell
Pen Pal Program
In order to access and/or use certain Services, you will be required to register as a member on the Sites (“Member”). During the registration process, we will ask you to provide your name, birth date, residence city, state, country, and email address. You will also be asked to create an account, which includes your e-mail address as a sign-in name (“Sign-In Name”), and a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Member. You are responsible for the confidentiality and use of your Sign-In Name, and Password. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password, or Sign-In Name at any time and for any reason.
The Sites and the Services (except the Products) are currently provided to you free of charge. However, we reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Third Party Materials
The Sites and the Services contain materials, including but not limited to, certain healthcare information, food related information, health news, data, research, analysis and opinions that are provided by third party information providers (collectively, the “Third Party Materials”). Beyond Type 1 does not endorse, or edit any opinion or analysis expressed in any Third Party Materials and shall not be liable for any Third Party Materials. Beyond Type 1 does not guarantee the availability, accuracy, completeness, quality, reliability, or suitability of any Third Party Materials.
• Products. Through the Sites, we also offer an online inventory of various books and other items for purchase (the “Products”). If you choose to purchase Products through the online store, you will be required to provide your billing address, shipping address and credit card information. We may use third party payment vendors (“Third-Party Payment Vendors”) to process you payment. You warrant and represent that you are the valid owner, or an authorized user, of the debit card, credit card or any other payment card you provide to such Third-Party Payment Vendors, and that all such information is accurate.
• Product Descriptions. All Products are supplied by our third party suppliers. We attempt to be as accurate as possible with Products descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Beyond Type 1 Wall
We reserve the right, in our sole discretion, to post any User Generated Content that you submit to our wall.
Waiver and Release
Please be advised that we make no representations, offer no assurances, and do not investigate any of the Pen Pal’s backgrounds, morality, character, actions, or demeanor, and you hereby acknowledge that you assume the risk of any encounter or interaction with the Pen Pal.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT BEYOND TYPE 1 AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR INTERACTION AND/OR CORRESPONDENCE WITH YOUR PEN PALS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS THE INTENTION OF THE PARTIES THAT THE FOREGOING RELEASE AND DISCHARGE SHALL BE EFFECTIVE AS A BAR TO ALL CLAIMS OF WHATEVER CHARACTER, NATURE, AND KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, HEREINABOVE SPECIFIED TO BE SO BARRED. IN FURTHERANCE OF THIS INTENTION, THE RELEASING PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON THEM BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Beyond Type 1 Intellectual Property
User Generated Content
You may post and/or create content through the Sites and you may also transmit content to us via email (hereinafter, “User Generated Content”). We cannot and do not review it all–we are merely acting as a passive conduit for distribution of the User Generated Content. That said, our administrators or volunteers may monitor the User Generated Content submitted on some or all of our Sites. We reserve the right, in our sole discretion, to remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion.
As between us and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. You warrant and represent that you either own, or have a sufficient license to, all User Generated Content provided through your account. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for us to provide the Sites and the Services.
Remember, once you submit User Generated Content through the Sites and the Services, it may be accessible by Providers and other Users, including any Personal Information included therein. Please carefully consider any User Generated Content that you submit through the Sites and the Services.
By accessing and/or using the Sites and/or the Services, you hereby agree that:
• You will not use the Sites and the Services for any unlawful purpose;
• All information provided through your account must be truthful and accurate, and you have a duty to update any information previously provided in order to keep it truthful and accurate;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
• infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
• is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
• discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will not “stalk” or otherwise harass another user of the Sites and the Services;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
• You will not interfere with or attempt to interrupt the proper operation of the Sites and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites and the Services through hacking, password or data mining, or any other means.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Sites and/or the Services, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Sites and/or the Services. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Sites and/or the Services for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THIS SITES, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, RESOURCES AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE BEYOND TYPE 1, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BEYOND TYPE 1 PARTIES”) WARRANT THAT THE SITES, THE SERVICES, CONTENT, FUNCTIONS, RESOURCES OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE BEYOND TYPE 1 PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITES AND THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR THE SERVICES IS TO STOP USING THE SITES AND/OR THE SERVICES.
NONE OF THE BEYOND TYPE 1 PARTIES ENDORSE ANY PEN PAL OR ANY USER GENERATED CONTENT. YOU ACKNOWLEDGE THAT THE PEN PAL PROGRAM MERELY MATCHES INDIVIDUALS WITH PEN PALS. NONE OF THE BEYOND TYPE 1 PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN THE PEN PALS OR FOR ANY RESULTS CAUSED BY PARTICIPATING IN THE PEN PAL PROGRAM, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. NONE OF THE BEYOND TYPE 1 PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PEN PAL. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
ALL THIRD PARTY MATERIALS AND PRODUCTS ARE SUPPLIED BY THIRD PARTIES AND NOT BY US. NONE OF THE BEYOND TYPE 1 PARTIES ENDORSE OR RECOMMEND ANY THIRD PARTY MATERIALS OR PRODUCTS. NONE OF THE BEYOND TYPE 1 PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY THIRD PARTY MATERIALS, PRODUCTS, OR ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN THIRD PARTIES AND USERS OR FOR ANY RESULTS CAUSED BY USING THE SITES, THE SERVICES, OR ANY CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITES AND THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS), INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY USERS MAY SUFFER. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
Compliance with Applicable Laws
We make no claims concerning whether any Beyond Type 1 Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Sites, the Services or the Beyond Type 1 content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you believe the Sites contain any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Sites;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by regular mail, please write to:
Beyond Type 1
545 Middlefield Road, Suite 220
Menlo Park, California 94025
To contact our Copyright Agent by email, please write to firstname.lastname@example.org, with COPYRIGHT NOTICE in the subject line.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Questions or comments regardin
g the Sites and/or the Services, including any reports of non-functioning links, should be submitted using our email address email@example.com.