PROJECT DIABETES | Glucose Tracker

Membership Agreement

Effective June 1, 2008
Welcome to the projectdiabetes.com Membership Agreement. In addition to the General Terms and Conditions, in order to become a projectdiabetes.com Member you must agree to the following additional terms and conditions (this “Membership Agreement”). Capitalized terms used herein but not defined shall have the meanings assigned to them under the General Terms and Conditions.

I. Eligibility

A. You represent and warrant that you are at least 13 years old and that all registration and profile information that you submit to us is truthful and accurate. You agree to update such account information as necessary to keep it accurate. If you misrepresent your age, we may terminate your account at any time without warning, and without liability. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT, UNTIL YOU ARE 18 YEARS OF AGE, YOU USE THE SERVICE AT THE DISCRETION OF YOUR PARENTS/GUARDIANS. YOU AGREE TO PROVIDE YOUR PARENTS/GUARDIANS WITH YOUR CURRENT PROJECT DIABETES PASSWORD(S) AND REGISTRATION E-MAIL ADDRESS(ES), FOR PARENTAL VERIFICATION PURPOSES. THEY MAY ASK US TO MODIFY OR DENY ACCESS TO YOUR ACCOUNT AND WE MAY DO SO AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.

B. You are solely responsible for maintaining the security and confidentiality of your password and other Member account information. You agree not to permit others to use your password or other Member account information, and you agree to notify us immediately of any unauthorized use of that information. We will not be responsible for any loss or damage arising out of the unauthorized use of your password or other Member account information; and you agree to indemnify and hold harmless us, our officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that information. You, and not us, are solely responsible for all Content (defined below) published, distributed, or displayed through your account, including without limitation any e-mail messages, posts, internal or externally embedded "widget" code, and for your interactions with other Users. You further represent and warrant that your use of the Service will not violate any applicable law or regulation.

II. Term

This Membership Agreement shall remain in full force and effect while you use the Service and/or are a Member. In the event that your membership with respect to the Sites is terminated, all provisions of this Membership Agreement which must survive in order to give effect to their meaning, including without limitation all of your representations, warranties, and indemnification obligations, shall survive.

III. Non-commercial use only

The Services made available to Members are for the personal use of individual Members only and may not be used in connection with any commercial endeavor, except those that are specifically approved or endorsed in writing by us. Passwords, Member or other User names, photographs, links, and any other Content may not be transferred or copied from the Service for use with any other product or service. Any use of the Service that is illegal, unlawful, or that violates the letter or spirit of this Membership Agreement or any other of our posted policies, guidelines, or notices - including without limitation collecting or harvesting Member or other User names and/or e-mail addresses by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Sites - may be investigated and may result in our suspending or terminating your account, refusing any and all current or future use of the Service (or any portion thereof), and taking appropriate legal action, including without limitation criminal, civil, and injunctive redress. Commercial advertisements, affiliate links, and other types of solicitations may be deleted from Member pages without notice, and may result in loss of your Membership privileges. We reserve all right, title, and interest in the Service not expressly granted under this Membership Agreement to the fullest extent possible; and any use of the Service not specifically permitted under this Membership Agreement is prohibited.

IV. Use of Content

A. The Service may enable Members to upload, archive, post, publish, e-mail, or otherwise transmit ("Upload") to our Web pages, text, audio, diaries, code, software, music, sound, photographs, graphics, video, messages, and other information, data, or material ("Content"). You, and not us, are solely responsible for all Content that you Upload to any other part of the Service or the Sites.

B. In connection with Content that you Upload to any Sites, you represent and warrant that: (1) you own, or have the necessary licenses, consents, permissions, and rights to use and to authorize us to use, all copyright, trademark, patent, trade secret, and other proprietary rights in and to all such Content, in order to permit inclusion and use of the Content as contemplated by the Service and this Membership Agreement; and (2) you have the written consent, release, and/or permission of every person identifiable in the Content to use their name and likeness, in order to permit inclusion and use of the Content as contemplated by the Service and this Membership Agreement. You are solely responsible for creating and maintaining your own personal backup of any of your Content Uploaded to the Sites.

C. Only Content that complies with the Acceptable Use Provisions set forth in Section X below may be Uploaded to the Sites.

D. Member Responsibility/Personal Health Information - There are sections of the Sites where you can Upload Content (including without limitation your personal health information or “PHI”) where it is only accessible by you and possibly, if you choose, third parties designated by you. You are in control of your own password and should distribute it to only those persons you wish to view your account and PHI. As a Member, it is your responsibility for deciding whether to Upload your PHI or any other information to any portion of the Sites.

E. You retain all of your ownership rights in Content that you Upload to the Sites. However, we reserve the right to compile all Content submitted to the Sites on an unidentifiable basis. We reserve the right, in our sole discretion, to modify, delete, or otherwise remove any Members from our Sites, with or without notice, at any time, and without liability (for retaining Content Uploaded to our Sites or otherwise).

F. Uploaded Content is the sole responsibility of the person who Uploaded it. You will not hold us responsible for your actions or inactions with respect to your Uploaded Content. We do not make any representation or warranty about the accuracy, integrity, quality, or any other aspect of Content posted on our Sites or in connection with the Service. We expressly disclaim all liability for any loss or damage incurred as a result of the use of such Content. By using the Service, you agree to bear all risks associated with any use of any Content posted on the Sites or in connection with the Service and any reliance on the accuracy, completeness, or usefulness of such Content.

G. You acknowledge and agree that we may access, preserve, and disclose your account information and Content if required by law or in a good faith belief that it is reasonably necessary in order to: (1) comply with a legal process; (2) enforce this Membership Agreement; (3) respond to your requests for customer service; or (4) protect the rights, property, or personal safety of us, our Members, Users, and the public.

H. While we may preserve Content as set forth above, we may, in its sole discretion, delete any Uploaded Content upon termination of membership. We have no obligation to store, back-up or maintain Content (including any PHI) and Members are advised to back-up their own Content for safekeeping.

V. Copyright Policy

A. We do not condone or tolerate activities and actions that breach the rights of copyright owners. Our policy is to respond to written notifications of claimed infringement that comply with the Digital Millennium Copyright Act ("DMCA") pursuant to the procedure set forth in the Copyright Policy. Upon receiving such notification, we may remove or block access to Content that we believe in good faith is copyrighted material that has been illegally copied, distributed, or otherwise exploited. We also may terminate or suspend access to the Service, and remove all Content Uploaded by anyone. Upon removing or blocking access to Content in response to a DMCA notification, we will make a good-faith attempt to contact the owner/author/administrator of each affected Web page so that they may send us a DMCA counter notification.

B. The Specific Procedure for Notice of Infringement, Counter-Notice and resolution are set forth in the Copyright Policy which is incorporated into the terms of this Membership Agreement.

VI. Membership Fees
At the present, the Services are free to Members. However, by using the Service and/or becoming a Member, you acknowledge that we may at a future date, elect to charge for the Service or certain portions of the Service. In the event we makes such an election, a notice will be posted on the Sites at least thirty (30) days prior to such charges being initiated.

VII. Disclaimers
You acknowledge that your Uploading of any Content (including your PHI) to the Sites is done at your own risk. We shall not be held liable for any loss, damage, or injury relating to such Content in any way.

VIII. Acceptable Use Guidelines

1. All Content Uploaded to the Sites and all interactions conducted by a Member at the Sites must, at a minimum, comply with the following acceptable use guidelines. These guidelines are not a complete list and we reserve the right to remove any Content we do not believe is consistent with the purposes of the Service. You agree that you will not, and it shall be a violation of this Membership Agreement to:

1. Upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any Content, in whole or in part, for any purpose whatsoever except as expressly authorized in this Membership Agreement; and to do so in any manner exceeding the scope of your rights to use such Content (e.g., license rights associated with premium content or subscription-based materials), without permission from the Content owner, or otherwise in violation of another person's rights to such Content.

2. Upload, copy, distribute, share, or otherwise use Content that is unlawful, obscene, defamatory, libelous, harmful, offensive or hateful on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, harassing, degrading, pornographic, threatening, intimidating, abusive, that would violate another person's rights, constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, national, or international law or regulation, or that is otherwise inappropriate.

3. Upload, copy, distribute, share, or otherwise use Content that constitutes advertising or promotional material, if posted in areas of the Sites which are not designated for such purposes (e.g., not in the events section), or if "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unauthorized commercial communication, or that constitutes or generates unauthorized banner ads, pop-ups, pop-unders, and interstitials. To protect our Members from such advertising or solicitation, we reserves the right to (among other things) restrict the number of e-mails that a Member may send to other Members in any 24-hour period, to a number that we deem appropriate in our sole discretion. If you violate this Membership Agreement and transmit unsolicited bulk e-mail, instant messages, or any other unsolicited communications through the Service, you acknowledge that you will have caused us substantial harm, but that the amount of the harm would be extremely difficult to determine. Accordingly, as a reasonable estimation of such harm, you agree to pay us fifty dollars (US$50.00) for each such unsolicited e-mail or other communication that you transmit through the Service.

4. Upload, copy, distribute, share, or otherwise use Content that contains or embodies software viruses, worms, Trojan horses, bugs, or any other malicious computer code that is designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner's express consent.

5. Upload, copy, distribute, share, or otherwise use Content that violates the Fair Housing Act by stating, in any ad or notice for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics).

6. Upload, copy, distribute, share, or otherwise use Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".

7. Upload, copy, distribute, share, or otherwise use Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Texas law. Many laws, policies, and regulations in various jurisdictions regulate the purchase and sale of goods and services. You are encouraged to research the applicable laws and regulations that may apply to your transaction. For your convenience, here is a partial list, for illustrative purposes only, of some categories of prohibited and restricted items, the purchase and sale of which are forbidden on the Sites:

a. Child pornography or obscene material;

b. Alcohol or tobacco products;

c. Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia;

d. Member advertisement of prescription drugs and medical devices, such as prescription or contact lenses, hearing aids, defibrillators, or hypodermic needles;

e. Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval;

f. Weapons and related items, including firearms, ammunition, silencers, sniper scopes, large capacity magazines, disguised, undetectable or switchblade knives, martial arts weapons, BB guns, stun guns, or tear gas;

g. Fireworks, including "safe and sane" fireworks or any destructive explosives or devices;
h. Blood, bodily fluids, or body parts;

i. Animals and animal parts, including the retail sales of dogs and cats;

j. Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests;

k. Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or arts or crafts materials containing toxic substances without a warning label;

l. Illegal telecommunications equipment, such as cable or satellite descramblers, password sniffers, access cards, access card programmers and unloopers;

m. Stolen property or personal property with the serial number altered or removed;

n. Burglary tools, such as lock-picks or motor vehicle master keys;

o. False identification cards, citizenship documents, birth certificates, or items with police insignia;

p. Counterfeit currency, stamps, and coins, and equipment designed to produce them;

q. Counterfeit or "knock-off" brand name goods;

r. Material that infringes copyright, such as "warez" or bootlegs (without artist consent);

s. Airline tickets that restrict transfer;

t. Gambling items, such as lottery tickets, raffle tickets, sweepstakes entries, slot machines, or sports trading card 'grab bags';

u. Used or rebuilt batteries, or batteries containing mercury;

v. Used bedding and clothing, unless sanitized as required by law;

w. Non-packaged food items or adulterated food; or

x. Bulk e-mail or mailing lists that contain names, e-mails, phone numbers, addresses, or other personal identifying information.

8. Disclose your password or transfer your account to any third party, or allow any third party to access your account.

9. Impersonate any person or entity, including without limitation our officials, staff, doctors or other healthcare professionals and/or Members.

10. Upload, copy, distribute, share, or otherwise use Content that includes without limitation personal or identifying information about another person without that person's explicit consent.

11. Access the Service by any means other than through the interface provided by us for use in accessing the Service. This includes not using or launching any automated system, including without limitation any spider, robot (or "bot"), scraper, or offline reader, that accesses the Service in a way that sends more request messages to the Sites’ servers in a given time period than a human reasonably can produce in the same time period using a conventional online Web browser; and not using or launching any unauthorized script to add friends. Notwithstanding this, we grant the operators of general purpose Internet search engines permission to use spiders to copy Content from the Sites for the sole purpose of creating publicly available, searchable indices of such Content, but not caches or archives of such Content ("General purpose Internet search engine" does not include a web site or search engine or other service that specializes in classified listings or in any subset thereof, such as jobs, housing, for sale, services, or personals, or that is in the business of providing classified ad listing services). We reserve the right to revoke these exceptions, in general or specific instances.

12. Interfere with or disrupt the Service or servers or networks connected to the Service, make the Service available over a network (other than our network) where it could be used by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

13. Use the Service to artificially generate traffic or page links to a Web site or for any other purpose not intended for personal, noncommercial use of the Service.

14. Cover or obscure any banner or other advertisements on any of the Sites via HTML/CSS or other means.

15. Collect, harvest, or store any personally identifiable information, including without limitation Member account information or PHI, from the Service.

16. Translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Service, in whole or in part.

17. Circumvent, disable, violate, or otherwise interfere with any security related feature of the Service, or any technology or feature that restricts or prevents copying or use of Content or that enforces limitations on use of the Service or Content.

18. Rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including without limitation your account information), use of the Service, or access to the Service.

19. Use the Service to harass or "stalk" anyone.

20. Upload Content that exploits anyone under the age of 18 in a sexual or violent manner, or that solicits personally identifiable information from anyone under the age of 18.

21. Use the Service in any way to provide material support or resources (or to conceal or disguise the source, location, nature, or ownership of material support or resources) to any organization designated by the U.S. government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act, 8 U.S.C. 1189.

22. Use the Service in any way that violates the terms of this Membership Agreement, or that aids, encourages, or purports to authorize anyone else to violate the terms of this Membership Agreement.

23. Use the Service in any way that intentionally or unintentionally violates any applicable local, state, national, or international law or regulation.

General Terms and Conditions
Effective June 1, 2008
These General Terms and Conditions (these "Terms") are a legal agreement between Three Questions, LLC ("Project Diabetes," "we," "us", or "our") and you, governing your use of www.project diabetes.com and any and all widgets or applications related thereto or arising therefrom. www.projectdiabetes.com (the "Service" or "projectdiabetes.com") is an online service that enables its members ("Member(s)") to create unique online pages, enter specific medical and lifestyle information. Visitors to projectdiabetes.com and Members are jointly referred to herein as “Users”. The Service includes without limitation all our affiliated web sites and applications (including all content available through the projectdiabetes.com domains and sub-domains) (collectively the "Sites"). In addition, when visiting the Sites or using the Service, you and we shall be subject to the terms of our Privacy Policy and Copyright Policy and any other posted guidelines, rules, or notices applicable to the Service which may be posted from time to time. All such policies, guidelines, rules, and notices are hereby incorporated by reference into these Terms, and terms defined in such other policies will have the same meaning when used herein.

By visiting the Sites or using the Service, you signify your agreement to all of the Terms. If you do not agree to, or cannot comply with, all of these terms and conditions, you must not visit the Sites or use the Service. In the event of any noncompliance with the Terms, we may deny access to the Service at any time, with or without prior notice, and without liability. If you wish to become a Member and use the Member-only portions of the Service, please follow the instructions on our Member Sign-Up Page. If you become a Member, you are also agreeing to the terms and conditions contained in the Membership Agreement.

From time to time, we may modify the Terms (including the Privacy Policy and Copyright Policy) without prior notice. If we do so, we will post the amended Terms on the Sites. It is your responsibility to review the Terms for any changes. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Service. If you continue to use the Service after any amendments are posted, you will be deemed to have accepted the Terms as amended.

PARENTAL ADVISORY
IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, PLEASE REVIEW THESE TERMS WITH YOUR PARENTS OR GUARDIANS. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SITES OR THE SERVICE. PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGED 13 TO 17.

I. Proprietary Rights in Content on projectdiabetes.com
You acknowledge and agree that the Sites and the Service use and contain proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. You are not granted any right or license with respect to any trademarks of Project Diabetes or any third party. You further acknowledge and agree that Content (as defined in the Membership Agreement) appearing on the Sites or contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties, as well as terms and conditions imposed by third-party licensors in connection with their Content made available on or through the Service.

II. Privacy
Use of the Sites and Service is also governed by our Privacy Policy and you should review such policy prior to use of the Sites.

III. Disclaimers

A. The material on the Sites is for informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Always consult your physician before acting on any guidance you get on the Sites. We shall not be held liable for any incorrect or inaccurate Content posted on the Sites or in connection with the Service, whether caused by Users, third parties, or any equipment or programming associated with or used in the Service. Any medical Content displayed on or available through the Service is for your own personal, non-professional use. It should not be considered medical advice. Always seek the advice of a medical professional when making decisions about your health. We shall not be held liable for the conduct of any User. Any interactions with advertisers and/or organizations found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such individuals and/or organizations. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Under no circumstances shall we be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Service, any Content posted on the Service or transmitted to Users, or any interaction or dealings between Users, whether online or offline.

B. Infringement Notification and Procedure: If you are a copyright owner (or the copyright owner's agent) and you believe that any uploaded Content infringes your copyright, you may submit a written notification to our Designated Agent as set forth in our Copyright Policy.

C. The Service (including any software contained therein) is provided "AS-IS." Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, we expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We make no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and we disclaim any and all liability relating thereto. We cannot guarantee and do not promise any specific results from use of the Service or the Internet.

D. The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall we be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, we shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, e-mail, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any Web site or combination thereof, or any other reason. We shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heating, lighting, or air conditioning. We shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, we may modify, suspend, or discontinue any part of the Service (including any Content) or your use of them; and in the event we do so, we will not be liable to you or any third party.

E. Some of the Content, products, and services available through the Service may include materials belonging to third parties. Project Diabetes, its sponsors and advertisers may present advertisements or promotional content on or through the Service. We have no control over and do not warrant, endorse, guarantee, or assume liability for any Content, product, or service that is advertised, promoted, or offered by a third party through the Service or any hyperlinked Web site, or featured in any banner or other advertising. Your dealings with, or participation in promotions of, any third-party advertiser on or through the Service are solely between you and the third party. You agree that we shall not be held liable, directly or indirectly, for any loss, damage, or injury of any kind incurred as a result of any such dealings or the presence of such third parties on the Service. As when dealing with any product or service provider, you should use your best judgment and exercise caution as appropriate.

F. The Service may present links to third-party Web sites that are not owned or operated by us. We shall not be held liable for the availability of such third-party Web sites or their contents. You agree that we shall not be held liable in any way for any loss, damage, or injury caused by or in connection with your use or reliance on contents, goods, or services available through any such third-party Web site.

G. Some portions of the Service may be utilized with third party web sites, programs, devices or mobile service (i.e. phone, text, email). We shall not be responsible for the charges which may result from such third party providers based on the use of the Service, regardless of the manner in which such charges arise. Each User of the Service or the Sites shall responsible for ensuring that the manner in which any such web sites, programs, devices or mobile service interact with the Site are available to such User and such User shall be responsible for any charges that arise from interaction with the Service or the Sites.

IV. Limitation on Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITES OR SERVICE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR THE CONTENT UPLOADED BY YOU, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITES OR THE SERVICE OR ANY LINKS THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITES, OR THE SERVICE OR ANY LINKS THEREON. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

V. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITES OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.

VI. Disputes
By using the Service, you agree that the Service shall be deemed to be located and solely based in Texas, and the Sites shall be deemed passive Web sites that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions beyond Texas. In the event there is any dispute about or involving the Service, such dispute will be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree to exclusive personal jurisdiction and venue in the state and federal courts of Tarrant County, Texas. The parties intend the forum choice of Tarrant County, Texas to be mandatory and not permissive in nature.

VII. Notices
We may provide you with notices, including without limitation notices regarding changes to the Agreement, by e-mail, regular mail, or postings on the Service. Unless the notice states otherwise, it will become effective immediately.

VIII. United States Export Controls
To the extent that software used in connection with the Service ("Software") is subject to U.S. export controls, it may not be downloaded from the Service or otherwise exported or re-exported: (A) into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

IX. Miscellaneous
These Terms (including the Privacy Policy, Copyright Policy, and all other Project Diabetes policies, guidelines, rules, and notices incorporated by reference herein) represent the complete and exclusive statement of the agreement between us and you regarding the use of the Sites or Service; and supersede any prior proposal, oral or written agreement, and any other communications between us and you relating to the subject matter of these Terms. Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Agreement shall continue in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. Project Diabetes is a trademark of Three Questions, LLC.

X. Contact

If you have any questions about these Terms and Conditions, please contact us at info@threequestions.net.

We respect the privacy of our Members and their information. In order to more fully honor your privacy, we have created a Privacy Policy that sets forth the manner in which information provided to us will be used. The Privacy Policy also includes information about the procedures we use to protect the information of our Members. To find out more, please read the Privacy Policy.
Privacy Policy
Effective June 1, 2008
This Privacy Policy is part of the General Terms and Conditions (“Terms”) applicable to the Sites. Terms defined in the Terms have the same meaning when used herein. Online privacy is extremely important to us. If you have any questions concerning this Privacy Policy, please email us at info@threequestions.net.

A. Information Collection and Use

1. We collect information submitted by visitors to the site who are not members (“Visitors”) as well as information submitted by members (“Members”). Visitors and Members are collectively referred to as “Users”.

2. Visitor information includes IP address and browser type. Visitor IP addresses are recorded for security and monitoring purposes.

3. Member information includes without limitation IP address, browser type, profile information and other information Members make available to us such as name, email address, and age. Member information is used to authenticate Members and to send notifications to those Members relating to the Service. We may from time to time also collect other profile data including but not limited to: personal interests, gender, age, education and occupation.

4. We collect non-personally identifiable information from all Users. Non-personally identifiable information is used by us to manage the Site, track usage and improve the Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Users.

5. We may additionally aggregate User information (whether or not personally identifiable) which aggregated information will not be personally identifiable (“Aggregated Information”). Aggregated Information may be retained, used or sold by us to third parties.

6. Email addresses may be used for the purpose of sending Member-initiated messages and to send notifications related to the Services. At no time is a Member's email address shared with any third parties. Members' full names, as entered in their Account Settings, are never revealed to third parties by us.

7. We may use a Member's email address to send notices, updates, newsletters or news regarding the Service. Users may choose not to receive email of this type by changing their Account Settings; provided, however, that notwithstanding any election by a Member, we will use a Member’s email address to respond to specific requests by such Member.

8. From time to time, we or a sponsor or advertiser may sponsor a promotion, sweepstake or contest on the Sites (a “Promotion”). A Promotion may be made available to all Users, all Members or to certain categories of Members. Users wishing to participate in a promotion may be asked to provide personal information including name, email address or home address or to answer questions in order to participate in a Promotion. It will be specified at the point of collection who is collecting the personal information and whose privacy statement will apply.

B. Invitations and Other Communications to Non-Members

Members may have the ability to initiate emails via the Service. Such email is used by Members to make non-Members aware of the Service. We do not sell these email addresses or use them to send any other communication besides those listed above. Recipients of our emails may “unsubscribe” from further e-mails.

C. Use of Cookies

1. We use cookies to record session information, to permit access to the appropriate areas of the Sites, and to enable the “remember me” feature of the User Id portion of a Member log-in page. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from us in order to log-in and use most functions on the site.

2. Please note that we allow 3rd party advertisers and sponsors that are presenting advertisements on our pages to set and access their cookies on your computer. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. Advertisers and sponsors' use of cookies is subject to their own privacy policies, not our Privacy Policy.

D. Links

The Sites contain links to other web sites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site a User should read the privacy policy and other terms and conditions stated on that site. Our Privacy Policy only governs information collected on the Sites.

E. Correcting/Updating or Removing Information

Members may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Settings.

F. Email Choice/Opt-out

Members who do not wish to receive external email communications may choose not to by making the appropriate selection(s) in their Account Settings. All of our notification emails include instructions for opting-out of future email communications.

G. Security

We utilize Secure Socket Layer (“SSL”) certificates and encrypt certain data provided to us by Users. We restrict access to Member information to those employees and contractors who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of Member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Member information at any time. For any additional information about the security measures we use on our Sites, please contact us at info@threequestions.net.

H. Sharing and Disclosure of Information We Collect

Except as otherwise described in this Privacy Policy, we will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (2) to enforce our Terms of Service or Membership Agreement or to protect our rights; or (3) to protect the safety of Members or the public and Users of the Service. We reserve the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of any of our companies or substantially all of their assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.

I. Changes in Our Privacy Policy

From time to time we may make changes to this Privacy Policy. If we make changes, we will post them on our Site to make Users aware of what the changes are so that such Users will be aware of what information we collect, how we use it, and when we may disclose it. Users are bound by any minor changes to this Privacy Policy when they use the Site after such changes have been posted; however, in the event we intend to use personally identifiable information in a manner materially different from that stated at the time of collection we will notify Users by posting a notice on our Sites for 30 days.

J. Contacting the Web Site

If you have any questions about this Privacy Policy, the practices of the Sites, or your dealings with the Sites, please contact us at info@threequestions.net.

K. Terms of Service

Use of the Sites by all Users is additionally subject to the General Terms and Condition and the Copyright Policy. Members are additionally subject to the Membership Agreement .

Project Diabetes Copyright Policy

Effective June 1, 2008
This Policy constitutes our copyright policy pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3) (“DMCA”). Capitalized terms used herein but not defined shall have the meanings assigned to them under the General Terms and Conditions.

A. Infringement notification.

If you are a copyright owner (or the copyright owner's agent) and you believe that any Content on our Sites infringes your copyright, you may submit a written notification to our Designated Agent. To expedite the processing of the notification, please submit it in the following format, including section numbers:

1. Identify in adequate detail the copyrighted work (e.g., lines of text, music, photo, artwork, etc.) that you believe has been infringed.

2. Identify in adequate detail the Content that you believe is infringing the copyrighted work listed in Section (1) above. Describe the allegedly infringing Content and include sufficiently detailed information on its location, so that we can find it and verify that it exists. You must identify each search result that links directly to a Web page containing the allegedly infringing content; in other words, provide the search query that you used, and the URL for each allegedly infringing search result.

3. Provide information reasonably sufficient for us to contact you, including your address, telephone number, and, if available, your e-mail address.

4. If possible, provide information reasonably sufficient for us to contact the provider of the allegedly infringing content or the owner, author, or administrator of the Web page containing such Content. We would prefer their e-mail address, if available.

5. Include this statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing Web page(s) is not authorized by the copyright owner, its agent, or the law."

6. Include this statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint."

7. Sign the notification, and then send it to our Designated Agent (contact information below).

8. Once our Designated Agent has received a written, DMCA-compliant notification, our policy is to remove or block access to the allegedly infringing Content and make a reasonable attempt to promptly notify the Content provider or the owner/author/administrator of the Web page containing such Content, that we have done so. In addition, we reserve the right to terminate or suspend access to the Service, and to remove all Content Uploaded by anyone.

9. You acknowledge that failure to comply with all requirements of this section of the Copyright Policy may invalidate your notification. For more details, see the DMCA, 17 U.S.C. 512(c)(3).

B. Counter notification.

If the affected Content provider, the owner, or the author believes that removed or blocked Content is not infringing, or believes that it has the right (from the copyright owner or its agent, or pursuant to law) to Upload, post, and use such Content, then the affected party must send us a written, DMCA counter notification. To expedite the processing of the counter notification, please submit it in the following format, including section numbers:

1. Identify in adequate detail the removed/blocked Content and the location at which it appeared before it was removed or access to it was blocked.

2. Provide your name, address, telephone number, e-mail address (if available), a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Tarrant County, Texas if your address is outside of the United States), and a statement that you will accept service of process from the person who sent us notification of the claimed infringement, or from an agent of that person.

3. Include this statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or item identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."

4. Sign the counter notification, and then send it to our Designated Agent.

5. You acknowledge that failure to comply with all requirements of this section of the Copyright Policy may invalidate your counter notification.

6. If our Designated Agent receives a counter notification, our policy is to send a copy of it to the original complaining party, informing such party that we will restore the removed Content or cease blocking access to it, 10 business days from our receipt of the counter notification. Unless we receive notice from the original complaining party that it has filed an action seeking a court order against the Content provider or Uploading Member (to restrain them from engaging in infringing activity relating to the Content on the Service), the removed Content may be replaced or access to it restored within 10 to 14 business days after our receipt of the counter notification, at our discretion. For more details, see the DMCA, 17 U.S.C. 512(g)(2) and (3).

C. Designated Agent to receive notifications of claimed infringement.

Our Designated Agent for claims of copyright (or other intellectual property) infringement can be reached as follows:

Designated Agent for Infringement Notices:

c/o Three Questions, LLC
306 West 7th Street, Suite 602
Fax: (817) 632-2097

Notifications can be sent to us by e-mail only with our prior written agreement. Please also note that, for security reasons, we generally cannot accept attachments. Any notification of infringement that is submitted electronically with an attachment may not be received or processed. A faxed notification usually will generate the quickest response.

Please only send notifications of claimed infringement to the Designated Agent. Any other comments, feedback, technical support requests, or communications should be directed to us at info@threequestions.net.