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PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE SITE.

By using this site, you signify agreement to these terms of use. If you do not consent to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including our Privacy Policy signifies your acceptance those changes.

Company Information

This site is owned and operated by ABK Ventures LLC, dba: Canary Health (Formerly Known As: The Diabetes Prevention Source – DPS) (referred to as the “Company”, “we,” “us,” or “our” herein).

Disclaimer

The information and suggestions provided on this site are solely for informational purposes to promote improved health. They do not constitute medical advice and should not be considered a substitute for proper medical care provided by a physician. The Company assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on this site as a tool for self-diagnosis and/or self-treatment.

Always consult your doctor before beginning a new diet program.

The materials in this site are provided “as is” and without warranties of any kind whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Company) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Canary Health diabetes disclaimer: Our goal at Canary Health is to try to help people prevent diabetes. While it is not possible to completely eradicate type-2 diabetes, the vast majority of evidence shows that for a person who is overweight and at risk to develop diabetes, losing a small percentage of their body weight can greatly reduce that risk. In addition, it has been shown that if a person begins an exercise and nutrition program, and still develops diabetes, they will have significant benefits and will be able to manage their blood sugar more effectively, with less medication and the likelihood of a reduction in the complications of diabetes. Canary truly cares about our clients and their health, and we do not want to give false hope to people that they will not develop diabetes. We are confident that being part of the Canary program will have a positive effect on your health.

Restriction on Use of Materials

No material from this site or any Web site owned, operated, licensed or controlled by the Company may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. You may not modify the material in any way, without the prior written consent of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Company, its affiliates, content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of the Company or its affiliates and is protected by U.S. and international copyright laws. All software used on this site is the property of Diabetes Prevention Source Co. or its affiliates or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

www.canaryhealth.com, Canary Health, the Canary Health Logo and The Diabetes Prevention Source are trademarks, property of ABK Ventures, LLC. All other product names contained in this Web site may be trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited.

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to the Company through this site is the exclusive property of the Company. The Company is entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to the Company and accepts responsibility for its accuracy, appropriateness and legality.

ABK Ventures, LLC and its affiliates enforce their intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact the ABK Ventures – dba:

Canary Health
c/o Legal Department

3415 S. Sepulveda Blvd. 10th Floor

Los Angeles, CA 90034

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any special or consequential damages that result from the use of or the inability to use the materials in this site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Company’s total liability to you for damages, losses and causes of action (whether in contract, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

 

What are your mobile terms?

When you provide us with your mobile phone number, you agree that our organization may send you text messages (including SMS and MMS) to that phone number. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. We may send you up to 5 messages per month. Message and data rates apply. Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to the number 213213. For help, send a text message with the keyword HELP to the number 213213. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase our goods or services. You agree to notify us of any changes to your mobile number and update your account us to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

How do I sign up for these text messages?

All you have to do is text “BBC” to 213213. (Up to 5 messages a month, message and data rates may apply, and you can always text HELP for help & STOP to cancel.) When you opt-in to the service, we will send you an SMS message to confirm your signup.

If at any time you forget what keywords are supported, just text HELP to 213213. After you send the SMS message HELP to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

How do I opt out of these text messages?

You can cancel the SMS service at any time. Just text STOP to 213213. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Will I be charged for the text messages I receive?

Our organization will never charge you for the text messages you receive however standard message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided through the number 213213, you can send an email to [email protected].

Supported wireless carriers

United States

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Canada

Bell (including NorthernTel, Solo Mobile, and Telebec), Fido, MTS, Rogers, SaskTel, Telus (including Koodo Mobile and Public Mobile), Videotron, Virgin Mobile, and Wind.

***This service and the carriers are not liable for delayed or undelivered messages***

Privacy policy

Our organization is dedicated to protecting your privacy and work hard to ensure our website, and services are both safe and secure for our visitors, clients, and subscribers.

Protection of Information

Any information communicated to our organization for text messaging and or storage will remain in the ownership of the user, which will be stored securely in accordance with our security policy and the law. Our organization will take the necessary steps to secure your personal information with safeguards appropriate to the sensitivity of the information. Our organization will, at no time, rent or redistribute this information without your consent, except where legally required to do so.

Subscribing and Unsubscribing

It is policy, that just as a user must opt in to a text marketing list, they have the right to opt out of a particular text marketing list as well. When a user opts out of a text marketing list, they will no longer receive any texts unless they, themselves, re-subscribe.

Limits On Our Abilities

Even though your privacy is of the utmost importance to us, due to standing legalities, we cannot promise that personal information will not be divulged to third parties in ways not explained by this privacy policy. Furthermore, we can (and you give us permission to) divulge any information about you to private entities, law enforcement or other government officials, as we, in our sole vigilance, believe needed to address and/or answer questions or resolve problems.

Our organization reserves the right to change this privacy policy at its discretion. Your continued use of this service after changes to this privacy policy have been posted is taken as acceptance of those changes. It is your responsibility to monitor the privacy policy to determine whether any changes have been made. This privacy policy is subject to and applicable to all privacy laws.

You acknowledge that accepting this privacy policy is a condition of your relationship with our organization and its services and you agree to be bound by all of its terms and conditions.

Other

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt in data and consent; this information will not be shared with any third parties.

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