Site Terms and Conditions

Last Updated: November 15, 2024

  1. User's Acknowledgment and Acceptance of Terms

Total Diabetes Supply (“we”, “us”, or “our”,) provides the Total Diabetes Supply website (www.TotalDiabetesSupply.com), including any content, functionality, services, features, and products offered on or through such website (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices stated, contained, or referenced herein ("Terms of Use"), as well as any other written agreement between us and you. Additional rules, guidelines, policies, and terms and conditions may also apply to users or certain portions or features of the site (collectively, “Additional Terms”). All such Additional Terms, including our Privacy Policy, are hereby incorporated by this reference into these Terms of Use.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS OF USE, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF THE SITE WILL REFLECT POORLY ON US, OUR SERVICES OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF THE SITE TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.

These Terms of Use are effective as of the date at the top of these Terms of Use. We expressly reserve the right to change these Terms of Use from time to time. If we make changes, we will notify you by revising the date at the top of these Terms of Use. You acknowledge and agree that it is your responsibility to review the site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of the site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the site and/or its contents.

MEDICAL SERVICES DISCLAIMER: WE ARE NOT A LICENSED MEDICAL OR HEALTHCARE PROVIDER AND WE DO NOT PROVIDE MEDICAL SERVICES OR ADVICE AND ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT, OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. NO PATIENT/MEDICAL PROFESSIONAL RELATIONSHIP IS CREATED BETWEEN YOU AND US. Any advice or content that may be posted on the site is for informational purposes only and is not intended to replace or substitute any professional financial, medical, legal, or other advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on or through the site. You should not use the site or any of its content without validating the results through independent research, obtaining up-to-date information, and considering all relevant facts and circumstances, including your situation (medical or otherwise). IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, PLEASE CALL YOUR DOCTOR, EMERGENCY SERVICES, OR 911 IMMEDIATELY.

 

The site is not directed towards residents of the European Union. Under no circumstances are residents of the European Union permitted to visit the site or share their personal information with us.

  1. Description of our Services and Limitations

We make various services available on the site including, but not limited to the sale and purchase of, diabetes and medical supplies, and other similar or related products and services. We may also provide a platform that may connect you with a health professional (“Provider”) for a telehealth consultation. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access). You acknowledge and agree that: (i) you should conduct your own due diligence in respect of each Provider; (ii) we make no guaranty, warranty or endorsement of, regarding, or otherwise in respect of any Provider; (iii) your engagement of a Provider is at your sole and exclusive risk; and (iv) we are not and will not be responsible or liable for any acts or omissions of any Provider. We do not employ any Providers and are not responsible for the conduct, whether online, offline, via the site or otherwise, of any Providers. We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license, certification, or training. Any advice or content that may be posted on the site is for informational purposes only and is not intended to replace or substitute any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. To the extent that you use the site to connect with a Provider, we do not assume any liability for their professional review and guidance, and they are subject to compliance with regulatory obligations of their own.

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you, or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the site shall also be subject to these Terms of Use.

  1. Registration Data and Privacy

In order to access some of the services on the site, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the site, including your Registration Data, is subject to our Privacy Policy, which is hereby specifically incorporated by reference into these Terms of Use.

  1. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service which is available or may one day become available, including chat, message boards, newsgroups, a software library, or other interactive services through the site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. impersonates any person or entity, including any of our employees or representatives.

You are prohibited from:

  1. using or accessing the site or our services:
  2. in violation of any laws or regulations or third-party rights, including intellectual property rights; or
  3. in a manner that threatens the security or functionality of the site;
  4. using the site or our services to create, collect, transmit, store, use or process any consumer data:
  5. that you do not have the lawful right to create, collect, transmit, store, use or process;
  6. that violates any laws or regulations, or infringes, violates or otherwise misappropriates the intellectual property rights or other rights of any third party (including any moral right, privacy right or right of publicity); or

iii. that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;

  1. copying, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, displaying, using or selling any content or services available through the site;
  2. reverse engineering, de-compiling or disassembling the site or our services;
  3. removing or obscuring any proprietary notices or labels on the site or our services, including any brand, trademark, copyright, marks or patents or patent pending notices;
  4. accessing or using the site or services for any commercial purpose other than as permitted under these Terms of Use or for the purpose of building a similar or competitive product or service;
  5. performing any vulnerability, penetration or similar testing of the site or our services;
  6. using, combining, or linking any open source software with the site or our services; or
  7. using the site or our services for any purpose or in any manner not expressly permitted in these Terms of Use.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally will not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available or may become available on or through the site or social media. However, we and our agents have the right at our and their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for the site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use or enjoyment of the site or our services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  1. Third Party Services, Sites, and Information

You acknowledge and agree that: (i) one or more of the functionalities or services available on or via the site may be made available by third parties (“Third-Party Service Providers” and such functionalities or services, “Third-Party Services”); (ii) certain aspects of the site rely on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime of the site caused by API integration failures; (iii) Third-Party Service Providers may impose restrictions on use of the particular Third-Party Service, in addition to other terms and conditions, including those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); (iv) you are solely responsible for compliance with, and will ensure that you and all your authorized users comply with, all Third-Party Requirements; and (v) we may at any time terminate or discontinue any Third-Party Services, including as a result of termination of our relationship with the applicable Third-Party Service Provider, provided that we will endeavor to provide you with advance written notice of any such termination or discontinuation if possible.

Links to Third-Party Sites or Content. Links from the site to external sites or inclusion of advertisements and other third-party content on the site, do not constitute an endorsement by us of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for our users’ reference and convenience. We do not control third-party sites or content, and as a result are not and will not be responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms of Use (including our Privacy Policy). We expressly disclaim any liability derived from the use or viewing of such links or content that may appear on the site, and you hereby agree to hold us harmless from any liability that may result from the use of such links or content.


 

  1. Our Content and Intellectual Property

The site contains a variety of: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, articles, blogs, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the site, and the compilation, assembly, and arrangement of the materials of the site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and trade identities of various parties, including our trademarks; and (iii) other forms of intellectual property (all of the foregoing collectively, “Our Content”).

The site (including past, present, and future versions) and Our Content are owned by us, our licensors or certain other third parties. All right, title, and interest in and to Our Content available via the site is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of Our Content on the site.

All rights not expressly granted to you in these Terms are reserved and retained by us or Our Content providers. The site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the site. You may use the site only as permitted by law.

When using the site, you must respect the intellectual property and other rights of us and others. Your unauthorized use of Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

We or our licensors will own and retain all right, title and interest in and to: (i) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms of Use (collectively, “Feedback”); (ii) any and all performance data, test or evaluation results, or other metrics derived from the site; and (iii) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.

Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), we will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any content on the site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the site containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the content you claim to be infringing and which you request be removed from the site or access to which is to be disabled along with a description of where the infringing content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by you that you have a good faith belief that the use of the content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of the DMCA, your DMCA notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Our designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent for Claimed Infringement:

Contact: Webmaster (Total Diabetes Supply)

Address: 4600 Anson Blvd, Suite 110, Whitestown, IN 46075
Phone: (877) 977-7709

Contact Email: claims@mail.totaldiabetessupply.com

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. Disclaimer of Warranties

ALL PRODUCTS, MATERIALS, AND SERVICES ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED, AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE.

USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 WHILE WE TAKE CERTAIN STEPS TO PROTECT THE SAFETY OF THE SITE, USE OF OUR SITE, SUCH AS TELEHEALTH SERVICES OR CONNECTING WITH PROVIDERS HAS INHERENT RISKS. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY CREDENTIALING, LICENSE VERIFICATION, TRAINING, SUPERVISION, OR MONITORING OF PROVIDERS, AND WE CANNOT AND DO NOT GUARANTEE THAT ALL OF YOUR INTERACTIONS WITH PROVIDERS, OR OTHERS ASSOCIATED WITH THEM, WILL BE SAFE AND RESPECTFUL. YOU AGREE TO ASSUME ALL RISKS WHEN USING THE SITE, INCLUDING INJURY, ILLNESS, DEATH, AND ALL OTHER RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH PROVIDERS AND OTHER USERS OF THE SITE. YOU HEREBY WAIVE ALL CLAIMS, CAUSES OF ACTION, LIABILITY, AND DEMANDS AGAINST US, AND RELEASE US AND OUR REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION OF ANY KIND AND FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY LOSS, BODILY INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER DAMAGE OR INJURY THAT YOU OR A THIRD PARTY MAY SUSTAIN IN ANY MANNER ARISING FROM OR RELATED TO YOUR ONLINE OR OFFLINE INTERACTIONS WITH PROVIDERS, OR OTHER USERS OF THE SITE.

WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY USER OR PROVIDER TO OFFER OR PROVIDE HEALTHCARE SERVICES OR TO ENGAGE THE SERVICES OF A PROVIDER. YOUR USE AND ACCESS TO THE SITE (INCLUDING ANY CONTENT) IS AT YOUR SOLE AND EXCLUSIVE RISK, AND YOU CAN AND SHOULD CONDUCT YOUR OWN DUE DILIGENCE THAT YOU DEEM NECESSARY OR APPROPRIATE BEFORE DOING SO. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE GUIDANCE OF ANY HEALTHCARE PRACTITIONER OR PROVIDER WITH WHOM YOU MAY BE CONNECTED THROUGH THE SITE AS A COURTESY AND DIRECT YOU TO CONDUCT YOUR OWN DUE DILIGENCE OR COMMUNICATE WITH YOUR PERSONAL HEALTHCARE PRACTITIONER. 

ALL THIRD-PARTY SERVICES INCLUDED IN THE SITE ARE PROVIDED "AS IS" AND SUBJECT TO ANY APPLICABLE THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICES IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY SERVICE PROVIDER.

Content available through the site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Total Diabetes Supply spokesperson speaking in his/her official capacity.

You understand and agree that temporary interruptions of the services available through the site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of use of the site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on the site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH  USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO OR FROM THE SITE OR A PROVIDER OR HEALTHCARE PRACTITIONER WITH WHOM YOU MAY BE CONNECTED WITH THROUGH THE SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You hereby represent, understand, and expressly agree to release and hold us (and our officers, managers, owners, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, corporate partners or resellers) harmless from any claim or controversy that may arise out of: (i) the actions or inactions of, or the relationship between, you and any Provider, or other user(s) of the site; and (ii) any information, instruction, advice or services provided or created by any Provider, or other third party that appeared on, or was communicated through, the site. We expressly disclaim any liability whatsoever for any damage, suits, claims, or controversies that have arisen or may arise, whether known or unknown, from the above.

  1. Indemnification

You agree to indemnify, defend and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all actual or alleged claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing  your account) submit through the site, (2) your violation of these Terms of Use or applicable law, (3) your (or anyone using your account/computer/device) use of the site or violation of any rights of any other person or entity, or (4) any disabling device or other similar harmful or deleterious programming routines input by you into the site.

  1. Privacy, Security and Password

We use the information you provide on or via the site as set forth in our Privacy Policy. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

  1. Participation in Third Party Promotions

From time to time, the site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

  1. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of the site, either directly or through a third-party provider. In so doing, we may make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms of Use.

 

  1. International Use

Although the site may be accessible worldwide, we make no representation that materials on the site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the site is void where prohibited. The site is not directed towards residents of the European Union. Under no circumstances are residents of the European Union permitted to visit the site or share their personal information with us.

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, a breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with us and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the site and our services available on the site immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

  1. Governing Law and Class Action Waiver

The site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Florida, by accessing the site, both you and we agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will govern and apply to all matters relating to these Terms of Use, use of the site, and the purchase of products and services available through the site. Each of you and we agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within Broward County in the State of Florida with respect to such matters. Neither we nor you may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to these Terms of Use, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. WE AND YOU ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.

  1. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at customer-service@totaldiabetessupply.com, if by email, or at 4600 Anson Blvd #110, Whitestown, IN 46075 if by conventional mail. Notices to you may be sent to the address or email address supplied by you as part of your order or Registration Data. In addition, we may broadcast or publicly display notices or messages on or through the site to inform you of changes to the site, these Terms of Use, or other matters of importance, and such broadcasts or displays shall constitute notice to you at the time of sending.

  1. Entire Agreement, Online Purchases and Other Terms and Conditions

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend these Terms of Use shall be null and void, unless otherwise agreed to in a written agreement signed by us.

All purchases for the sale of goods through the site are governed by our Terms and Conditions of Purchase and Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

  1. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises; otherwise, such cause of action is deemed forever waived and permanently barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the site, or use of or access to the site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of these Terms of Use shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

  1. Contact Information

Except as explicitly noted on the site, the services available through the site are offered by Total Diabetes Supply, located at 4600 Anson Blvd, Suite 110, Whitestown, IN 46075. Our telephone number is 877-977-7709. If you notice that any user is violating these Terms of Use, please contact us at customer-service@totaldiabetessupply.com.

 

Terms and Conditions of Purchase and Sale

  1. Sale and Purchase of Goods

Total Diabetes Supply/ www.TotalDiabetesSupply.com (“Seller”) hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") subject to these terms and conditions (these “Terms”). These Terms are in addition to, incorporated into, and made a part of our (“Terms of Use”). Except as expressly specified in these Terms, all other terms and conditions of the Terms of Use will remain in full force and effect. In the event of any conflict between the provisions of the Terms of Use and these Terms, these Terms will govern and control. Capitalized terms used but not defined in these Terms will have the meanings assigned to them by the Terms of Use.

  1. Purchase Price

Buyer agrees to pay the purchase price of the Goods as posted on the site.

  1. Payment Terms

You’ll be charged for each order between order placement and order fulfillment.  If Buyer signs up for an autoship program, the terms of the program are available here: https://www.totaldiabetessupply.com/pages/diabetes-autoship-program.   Purchases will appear on your credit card or bank statement as “TOTAL DIABETES SUPPL”.

  1. Delivery

Unless otherwise agreed to in writing by Seller, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed to in writing by Seller, Goods shall be packaged according to Seller's standards and practices.

  1. Limited Warranty

All products are subject to manufacturer's warranty. Please contact the manufacturer directly to resolve quality issues.

  1. Returns Policy

For returns, please see our for more information.

  1. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in these Terms, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER FOR THE ORDER OF GOODS HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

  1. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

  1. General

Buyer may not assign these Terms without Seller's written consent. Seller is the sole intended beneficiary of these Terms. If there is any inconsistency between this these Terms and any other agreement included with or relating to the Goods, these Terms shall govern. These Terms may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of these Terms is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.