The National DPP is the CDC-recognized lifestyle change program, a research-based program focusing on healthy eating and physical activity that revealed adults with prediabetes who participate in a structured lifestyle change program can reduce their risk of developing Type 2 Diabetes.
Terms & Conditions
PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS CAREFULLY PRIOR TO USING THIS WEBSITE.
I. OVERVIEW
Please read these Terms of Service (“Terms”) carefully before using the MSDPP.Org website.
These Terms include MSDPP.Org’s Privacy Policy, which is incorporated by reference into these Terms. If you are a Health Service Provider (defined below) or Covered Entity pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you are also subject to the terms and conditions of a Business Associate Agreement between you and MSDPP.Org. If you are a Patient (defined below), you may be subject to additional terms provided by your Health Service Provider.
Binding Agreement. These Terms constitute a binding agreement between you and MSDPP.Org, Inc. and its affiliates and subsidiaries (“MSDPP.Org,” “we,” “us,” “our”). “You,” “Your” and “Users” shall refer to (1) all Health Service Providers (defined below) and their agents and employees who use the MSDPP.Org Service, and (2) any Patients (defined below) of such Health Service Providers or other users accessing the MSDPP.Org website. You accept these Terms when you use MSDPP.Org Service, including when you visit our website at www.MSDPP.Org, or when you download any MSDPP.Org mobile app or software, and each time you access the MSDPP.Org Service thereafter. If you do not accept these Terms, you must not use the MSDPP.Org website.
Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the MSDPP.Org website after a change to these Terms constitutes your binding acceptance of these Terms.
Definitions
“Health-Related Information” or “Protected Health Information” (collectively, “PHI”) means all individually identifiable health information, including demographic information and information related to an individual’s physical or mental health, the provision of health care to the individual, or the individual’s payment for the provision of health care.
“Health Service Provider” means an entity that provides health-related services, including any Covered Entity under HIPAA.
“Patient” means an individual accessing the MSDPP.Org website other than as a Health Service Provider, regardless of whether that individual has yet purchased or registered for health-related services through the MSDPP.Org website.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the MSDPP.Org website.
II. THE MSDPP.ORG WEBSITE AND IMPORTANT LIMITATIONS
Medical Advice. MSDPP.Org does not give medical advice. Any information and materials provided by MSDPP.Org are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. If you are a Patient, the MSDPP.Org website may connect you with Health Service Providers; however, you assume full risk and responsibility for the use of any information, materials, and/or diagnosis you obtain from or through these Health Service Providers. If you are a Health Service Provider, you are solely responsible for the professional and technical services you provide. In addition, MSDPP.Org does not recommend or endorse any Health Service Provider or health-related products, items, or services.
Screening Users. MSDPP.Org does not screen its Users or verify information communicated through the MSDPP.Org website, though MSDPP.Org reserves the right to monitor such information. MSDPP.Org does not have responsibility for the conduct of its Users, including the information posted by Users, medical advice provided by Users, or other information. Contact us at info@MSDPP.Org.com to notify of us of inappropriate or illegal conduct or content you encounter on the MSDPP.Org website.
III. MSDPP.ORG’S CONTENT OWNERSHIP AND USE
The content of the MSDPP.Org website includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “MSDPP.Org Content”). All MSDPP.Org Content and the compilation (meaning the selection, arrangement, and assembly) of all MSDPP.Org Content are the property of MSDPP.Org or its licensors and are protected under copyright, trademark, and/or other laws.
Limited License Grant. We hereby grant you a limited, revocable, non-exclusive, license to access and use the MSDPP.Org Content solely for the use of the MSDPP.Orgs Services in accordance with these Terms. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the MSDPP.Org Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original MSDPP.Org Content on any copy you make of the MSDPP.Org Content.
MSDPP.Org Marks. The phrase “MSDPP.Org”, the MSDPP.Org logo, and other MSDPP.Org logos and product and service names are or may be trademarks of MSDPP.Org (the “MSDPP.Org Marks”). You agree not to display or use in any manner the MSDPP.Org Marks without our prior permission.
IV. YOUR INTELLECTUAL PROPERTY RIGHTS AND YOUR LICENSE TO USE
MSDPP.Org Claims No Ownership over Your User Content. The MSDPP.Org website may provide you with the ability to create, post, or share content (“Your User Content”). MSDPP.Org claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the MSDPP.Org Service. You are responsible for protecting those rights. You also acknowledge and agree that any of Your User Content that you post is non-confidential and non-proprietary. For clarification, Your User Content does not include any Health Related Information or other personal information, unless you post such information in a public area of the site.
MSDPP.Org’s License to Your User Content. By creating, posting, or sharing Your User Content on or through the MSDPP.Org website, and subject to MSDPP.Org’s Privacy Policy, you grant MSDPP.Org a perpetual, world-wide, non-exclusive, non-transferable, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content for any purpose, including for the purpose of promoting MSDPP.Org and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. MSDPP.Org reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the MSDPP.Org website, any right, title, or interest in or to content delivered via the MSDPP.Org website or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in such content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the MSDPP.Org website or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the MSDPP.Org website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the MSDPP.Org website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the MSDPP.Org website.
V. USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS
MSDPP.Org does not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by Users. You accept that any reliance on material posted by other Users, MSDPP.Org, or vendors or suppliers of MSDPP.Org, will be at your own risk. By using the MSDPP.Org website you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You agree to use the MSDPP.Org website only for its intended purpose and in an authorized manner. You must use the MSDPP.Org website in compliance with all privacy, data protection, intellectual property, and other applicable laws. Without limiting the foregoing, the following uses of the MSDPP.Org website are expressly prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the MSDPP.Org website, user accounts, or the technology equipment supporting the MSDPP.Org Service;
frame or link to the MSDPP.Org website without permission;
use data mining, robots, or other data gathering devices on or through the MSDPP.Org website, unless specifically allowed by these Terms;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the MSDPP.Org website to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the MSDPP.Org website in an illegal way or to commit an illegal act in relation to the MSDPP.Org website or that otherwise results in fines, penalties, and other liability to MSDPP.Org or others;
access the MSDPP.Org website from a jurisdiction where it is illegal or unauthorized.
VI. CONSEQUENCES OF VIOLATING THESE TERMS
We reserve the right to suspend or terminate your account and prevent access to the MSDPP.Org website for any reason, at our discretion. We reserve the right to refuse to provide the MSDPP.Org website to you in the future.
We may, but are under no obligation to, review and remove any user content at any time for any reason, including for activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the MSDPP.Org website.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the MSDPP.Org website.
VII. MSDPP.ORG’S LIABILITY FOR CHANGES; CONTENT ACCURACY; USER DISPUTES
Changes to the MSDPP.Org website. MSDPP.Org may change, suspend, or discontinue any aspect of the MSDPP.Org website at any time, including hours of operation or availability of the MSDPP.Org website, service or any feature, without any notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between You and any third party with whom You interact using the MSDPP.Org website, including payment processors. We are also not responsible for disputes or disagreements between any Health Service Provider or Patient. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You hereby release MSDPP.Org of all claims, demands, and damages in disputes among Users of the MSDPP.Org website. You also agree not to involve us in such disputes, including any disputes involving Provider Terms.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the MSDPP.Org website, including Health-Related Information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers or the quality or nature of third-party products or services obtained in connection with the MSDPP.Org Service. Use the MSDPP.Org website at your own risk.
VIII. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE MSDPP.ORG SERVICE IS AT YOUR SOLE RISK, AND THE MSDPP.ORG SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MSDPP.ORG, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE MSDPP.ORG SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE MSDPP.ORG SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MSDPP.ORG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MSDPP.ORG SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE MSDPP.ORG SERVICE WILL MEET YOUR EXPECTATIONS, , AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MSDPP.ORG SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
IX. LIMITATION OF LIABILITY AND INDEMNIFICATION
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYEES, AGENTS, OR AFFILIATES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MSDPP.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MSDPP.ORG SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE MSDPP.ORG SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE MSDPP.ORG SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE MSDPP.ORG SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE MSDPP.ORG SERVICE OR YOUR USE OF MSDPP.ORG CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, losses, damages, liabilities, actions, demands, and costs, including without limitation reasonable legal and accounting fees, arising out of third-party claims resulting from (i) your breach of these Terms; (ii) Your breach of any Provider Terms; (iii) Your User Content uploaded to the MSDPP.Org website; (iv) you infringement of any third-party U.S. or international trademark, copyright, patent or trade secret right; (v) any activity on the MSDPP.Org website under your log-in credentials, (vi) any unauthorized access to or use of Patient information under your control; (vii) any advice, treatment, or diagnoses you have provided through the MSDPP.Org website; and (viii) any bodily injury, including death, of a third-party caused by your negligence, recklessness, or willful misconduct. We shall provide notice to you promptly of any such claim, suit, or proceeding.
X. GENERAL TERMS
These Terms constitute the entire agreement between you and MSDPP.Org concerning your use of the MSDPP.Org website. Our failure 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 found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Access to or use of the MSDPP.Org website shall not be construed as MSDPP.Org’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Mississippi. These Terms shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to conflicts of law provisions. Additionally, any claims brought against MSDPP.Org shall be governed by and construed in accordance with the laws of the State of Mississippi. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, or use of the MSDPP.Org website, shall be in the state or federal courts located in the State of Mississippi.
XI. CONTACT INFORMATION
Website: www.msdpp.org
Phil Trotter, Engagement Coordinator
Email: phil.trotter@msdpp.org