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Terms

Terms Of Use

Agreement to Terms of Use

Thank you for visiting the divvyDOSE Electronic Experience, which includes this web site (www.divvyDOSE.com), divvyDOSE Mobile Apps and the information, community and services that we provide to you and other users through this web site. The divvyDOSE team wants you and other users to have safe, enjoyable access to www.divvyDOSE.com, so we have established these terms, conditions and policies ("Terms of Use") so that you, other users and divvyDOSE know what to expect from each other.

BY USING WWW.DIVVYDOSE.COM OR THE DIVVYDOSE MOBILE APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE WWW.DIVVYDOSE.COM OR THE DIVVYDOSE MOBILE APP OR ANY OF THE SERVICES PROVIDED BY DIVVYDOSE.

divvyDOSE will post an announcement if these Terms of Use are changed or modified at any time. If we modify these Terms of Use, we will alert you to the changes and you will be required to acknowledge and agree to the changes before continuing use of our Services. As long as you comply with these Terms of Use, divvyDOSE grants you a personal, non-exclusive, non-transferable, limited privilege to access and use www.divvyDOSE.com and the divvyDOSE App.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material including but not limited to the selection, coordination, arrangement and enhancement of such materials (collectively "Content"), contained on www.divvyDOSE.com is owned, controlled or licensed to divvyDOSE, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of www.divvyDOSE.com and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without divvyDOSE's express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Health-Related Content

Any health-related Content residing on www.divvyDOSE.com or the divvyDOSE App describes general principles of health care that should not be construed as specific instructions for individual patients No part of the Electronic Experience is intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. The information provided is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. www.divvyDOSE.com, the divvyDOSE App and their health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Electronic Experience.

You understand and agree that in no event will divvyDOSE be liable for any decision made or action taken in reliance on the information contained on, or accessible through, www.divvyDOSE.com or the divvyDOSE App. Reliance on any information provided by, or otherwise appearing on, www.divvyDOSE.com or the divvyDOSE App is solely at your own risk.

Proper treatment of health conditions depend upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

Links to Third Party Sites

This Electronic Experience may contain links to other independent third-party web sites. divvyDOSE provides these links for your reference only. divvyDOSE does not control these web sites, and divvyDOSE is not responsible for, and does not endorse, their content or any services or resources offered through such third-party web sites.

Privacy

Please review our Privacy Policy, which also applies to your use of www.divvyDOSE.com and the divvyDOSE App. To view our full Privacy Policy, click here: http://www.divvyDOSE.com/electronic-privacy-policy.html.

Electronic Communications

When you visit www.divvyDOSE.com, use the divvyDOSE App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Electronic Experience. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

You agree that the Electronic Experience, including but not limited to divvyDOSE products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Electronic Experience, contains proprietary information and material that is owned by divvyDOSE and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the divvyDOSE service in compliance with this Agreement. No portion of the Electronic Experience may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any aspect of the Electronic Experience, and you shall not exploit the Electronic Experience in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, divvyDOSE and its licensors reserve the right to change, suspend, remove, or disable access to any divvyDOSE products, content, or other materials comprising a part of the provided services at any time without notice. In no event will divvyDOSE be liable for making these changes. divvyDOSE may also impose limits on the use of or access to certain features or portions of the Electronic Experience, in any case and without notice or liability.

All copyrights in and to the Electronic Experience (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by divvyDOSE and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE DIVVYDOSE SERVICE, EXCEPT FOR USE OF THE DIVVYDOSE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

divvyDOSE, the divvyDOSE logo, divvyDOSE App and other divvyDOSE trademarks, service marks, graphics, and logos used in connection with the divvyDOSE service are trademarks or registered trademarks of divvyMED, LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the divvyDOSE service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks is strictly prohibited.

Your Conduct

You must be at least 18 years of age to use www.divvyDOSE.com. You agree not to interrupt or attempt to interrupt www.divvyDOSE.com's operation or any other person's use of the Electronic Experience in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this Electronic Experience will not be permitted, including by means of hacking or defacing any portion of this Electronic Experience, or by engaging in password "mining," spamming, flooding or other disruptive activities.

You may not use the Electronic Experience or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of divvyDOSE or others. You are prohibited from posting on or transmitting through www.divvyDOSE.com or the divvyDOSE App any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of www.divvyDOSE.com or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Electronic Experience or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through www.divvyDOSE.com.

Termination

divvyDOSE reserves the right to terminate or suspend your access to and use of this Electronic Experience without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.

divvyDOSE reserves the right to modify, suspend, or discontinue the divvyDOSE service (or any part or content thereof) at any time with or without notice to you, and divvyDOSE will not be liable to you or to any third party should it exercise such rights.

Accounts, Passwords & Security

Certain information or services offered on or through this Electronic Experience may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Electronic Experience using your account or User ID. divvyDOSE cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this Electronic Experience. Because any termination of your access to www.divvyDOSE.com and/or the divvyDOSE App may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Electronic Experience. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Electronic Experience.

By using www.divvyDOSE.com, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to www.divvyDOSE.com may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information we collect is disclosed in our Privacy Policy.

Wireless Phone Policy

By providing your wireless phone number to divvyDOSE, you expressly consent to divvyDOSE calling or texting you at this phone number—in person or through an automated system.

Disclaimers

DIVVYDOSE DOES NOT PROMISE THAT WWW.DIVVYDOSE.COM OR ANY CONTENT, SERVICE OR FEATURE OF WWW.DIVVYDOSE.COM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF WWW.DIVVYDOSE.COM WILL PROVIDE SPECIFIC RESULTS. WWW.DIVVYDOSE.COM AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DIVVYDOSE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

DIVVYDOSE DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS ELECTRONIC EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DIVVYDOSE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF WWW.DIVVYDOSE.COM AND/OR ANY DIVVYDOSE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF WWW.DIVVYDOSE.COM AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DIVVYDOSE FOR DISSATISFACTION WITH WWW.DIVVYDOSE.COM OR ANY CONTENT IS TO STOP USING WWW.DIVVYDOSE.COM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

divvyDOSE reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Electronic Experience, or any portion of the Electronic Experience, for any reason and (ii) to interrupt the operation of the Electronic Experience, or any portion of the Electronic Experience, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitations of Liability

IN NO EVENT WILL DIVVYDOSE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE WWW.DIVVYDOSE.COM, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WWW.DIVVYDOSE.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON WWW.DIVVYDOSE.COM; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WWW.DIVVYDOSE.COM; OR (v) ANY OTHER MATTER RELATING TO WWW.DIVVYDOSE.COM, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DIVVYDOSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, divvyDOSE is found to be liable to you, any liability on the part of divvyDOSE will not exceed the fees paid by the user for the particular information or service provided. divvyDOSE is not liable for the unauthorized use of our Content by any other web sites.

Indemnification

You agree to indemnify and hold divvyDOSE, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against divvyDOSE by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Electronic Experience.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of divvyDOSE information or services or of www.divvyDOSE.com, including its Contents, will be governed by the laws of the State of Illinois without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Rock Island County, Illinois, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between divvyDOSE and you arising out of or in connection with your access to or use of divvyDOSE information or services or of www.divvyDOSE.com, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback

divvyDOSE welcomes your feedback. Any feedback you provide at www.divvyDOSE.com will be deemed to be non-confidential. divvyDOSE will be free to use such information on an unrestricted basis.

General Information

divvyDOSE may elect to monitor areas of www.divvyDOSE.com or the divvyDOSE App by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate www.divvyDOSE.com; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. We respect the intellectual property rights of others and we prohibit users from posting to or through the Electronic Experience any materials or content that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright which you own has been posted on the Electronic Experience without authorization you may send a written notification to our Designated Agent at:

Lane & Waterman LLP
Attn: April Price
220 N. Main St., #600
Davenport, IA 52801

In accordance with the Digital Millennium Copyright Act, and other applicable law, divvyDOSE has adopted a policy of terminating, in appropriate circumstances and at divvyDOSE's sole discretion, users who are deemed to be repeat infringers. divvyDOSE may also at its sole discretion limit access to the Electronic Experience and/or terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

divvyDOSE's failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and divvyDOSE governing your use of this Electronic Experience. As stated above, your use of this site is also subject to our Privacy Policy.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and divvyDOSE with respect to the Electronic Experience.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions or Additional Information

Email: help@divvyDOSE.com
Mailing Address:

divvyDOSE, 3416 46th Ave, Suite 104, Rock Island, IL 61201

Customer Happiness: 844.693.4889

The information contained in this web site is subject to change without notice.

Effective on April 15, 2015
Last updated on April 15, 2015