Diabetes Health Coach Terms of Use

1. Agreement Generally: Acceptance. These "Terms of Use" (the "Agreement" or "Terms of Use") are between you and the Novo Nordisk's Diabetes Health Coach Program ("DHC Program," "we," "us," or "our"). "You" means you personally. This Agreement sets forth the terms and conditions upon which we make available the DHC Program and its contents and offerings to you.

   Please note these Terms of Use govern only the DHC Program, and not any other service, program, or website. By participating in the DHC Program, you are agreeing to these Terms of Use. By using the DHC Program, you affirm that you are a US resident, 18 years of age or older, qualify for the DHC Program, and expressly consent to receive communications from Novo Nordisk or its partners in connection with the DHC Program. 

   For more information about data use and collection, please read the most recent version of Novo Nordisk's Privacy Statement https://www.novonordisk-us.com/disclaimer-privacy.html. PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING YOUR COMMUNICATION OPTIONS, BEFORE ATTEMPTING TO ENROLL IN THE DHC PROGRAM. 

   IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT ENROLL IN THE DHC PROGRAM. 

2. Eligibility. To participate in the DHC Program, you must be a resident of the United States and 18 years of age or older. Novo Nordisk reserves the right to require you to prove that you are at least 18 years of age.
3. Modifications to Terms of Use. You agree that we may modify these Terms of Use and that such modifications shall become effective immediately upon posting of the modified Terms of Use to our website or otherwise notifying you of an update through one or more components of the DHC Program. If you do not accept the modifications, then you must cease using the DHC Program. The Terms of Use contain the date of posting at the top of the first page.
4. Permission to Use DHC Program; Limitations on Use of DHC Program. Subject to your voluntary acceptance and while you remain in compliance with the Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to use the DHC Program solely and exclusively for your own personal use and not for any other purpose. This license is solely and exclusively for your benefit. All other uses of the DHC Program are prohibited.

5. Communication Options. By choosing to enroll in the DHC Program, you consent/opt in to the option of receiving phone calls, text messages, and/or emails from your DHC Program coach. After you complete your initial enrollment in the DHC Program online or by phone, you will receive a welcome call to complete your enrollment process and to further opt in to your preferred method of communication with your DHC Program coach. We do not guarantee that DHC Program communications will be received and are not responsible for lost or misdirected communications.

   You can change your preferred method of communication at any time by texting, calling, or emailing your DHC Program coach, or by calling 1‑877‑322‑0281 or emailing privacy@nnihealthcoach.com. Note that if you indicate a preferred method of communication, such preference will be maintained for the duration of your enrollment in the DHC Program unless you indicate otherwise, which you may do at any time. You can also opt out of the coaching program and stop receiving messages at any time by texting, calling, or emailing your coach, or by calling 1‑877‑322‑0281 or emailing privacy@nnihealthcoach.com. If you opt out of the DHC Program, any future data collection in the DHC Program from you will end. Any data previously collected through the DHC Program may be stored by Novo Nordisk. PLEASE NOTE that opting out of the DHC Program does not unsubscribe and/or opt you out of any future communications from Novo Nordisk or its partners that you may have previously signed up for separately and apart from the DHC Program. You may opt out of all communications from and/or programs with Novo Nordisk or its partners, by simply clicking the Unsubscribe link within any email you receive from Novo Nordisk or its partners, or by calling 800‑727‑6500, or clicking https://t.communications.novonordiskinfo.com/webApp/unsubscription, or by sending Novo Nordisk a letter containing your name, email address, and phone number, to Novo Nordisk, 800 Scudders Mill Road, Plainsboro, New Jersey 08536. 

6. Text Messaging. If you choose to communicate with your DHC Program Coach by text message, the following terms apply:
   1. Text Message Frequency. The DHC Program's message frequency will vary depending on your individual selections. Please be aware that Novo Nordisk brands and services may have separate text messaging programs. The total number of text messages you receive from Novo Nordisk or its partners, therefore, may vary based on the number of Novo Nordisk text messaging programs for which you sign up to receive messages.
   2. Cost. You will not be charged any fee from Novo Nordisk or its partners in connection with the DHC Program to receive coaching text messages. However, Novo Nordisk encourages you to check with your mobile service provider to see what other message and data rates may apply, including any applicable roaming charges. Novo Nordisk is not responsible for any fees or charges from any carrier or service provider related to DHC Program communications.
   3. Supported Carriers. The following US carriers are supported:
      1. Major Carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.
      2. Minor Carriers: Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (MobiPCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
   4. Your Mobile Telephone Number. You represent that you are the account holder or authorized user for the mobile telephone number you opt in to receive text messages for the DHC Program.
   5. Access or Delivery to Mobile Network Is Not Guaranteed. Delivery of information and content to a mobile device is not guaranteed and may fail due to a variety of circumstances or conditions. Alerts sent via text message may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. Novo Nordisk will not be held responsible for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service provider or network operator. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Novo Nordisk’s control, and Novo Nordisk is not responsible or liable for issues arising from them. Note that there may be data or message fees imposed by your carrier or service provider if you choose to receive text messages from your DHC Program coach.
   6. Novo Nordisk cannot guarantee the security of any personal health information transmitted via SMS text message. SMS text messages are not encrypted or protected. These communications and, possibly their content, may be stored on servers where mobile carrier employees, governments, or other unknown third parties might be able to view or access them.

7. Privacy. In order to enroll in the DHC Program, you may provide us with your name, email address, phone number, and residential address. We require this information in order to communicate with you, provide you with the DHC Program, and to send you DHC Program materials. During the course of the DHC Program, you may be asked for additional details about your condition, lifestyle, diet, exercise, or other information in order to tailor the DHC Program to best suit your needs and to improve the DHC Program. You are not required to provide this additional information, but not doing so may make your experience less personalized. Your information will be shared between Novo Nordisk and its service providers who support the DHC Program in accordance with applicable laws. Novo Nordisk and its service providers may share information that does not individually identify you without restriction in accordance with applicable laws. Novo Nordisk understands and values the importance of your privacy. In accordance with these Terms of Use, Novo Nordisk may use your information for program improvements, quality monitoring, data and analytics for Novo Nordisk commercial purposes, and future Novo Nordisk marketing communications (including branded or unbranded emails, text messages, or direct mail). For more information on how we collect and use your information, please read our full Privacy Statement https://www.novonordisk-us.com/disclaimer-privacy.html.

   In order to enroll in the DHC Program, you also acknowledge and agree that the DHC Program may access and/or receive additional personal information about you in connection with your enrollment in the DHC Program, including, but not limited to, limited protected health information, via third-party data sources your health care provider or plan have engaged to assist with your treatment. Our ability to access this information is an important part of the DHC Program and is intended to enhance and personalize your engagement. Personal health information received from third-party data sources will not be shared with Novo Nordisk unless the third party has permission to do so. Because of the type of information involved, we have implemented additional security measures designed to: (i) ensure the security and confidentiality of your protected health information; (ii) protect against anticipated threats or hazards to the security or integrity of your protected health information; and (iii) protect against unauthorized access to or use of your protected health information that could result in any harm or inconvenience. Note that any link with a third-party data source will end at the time your participation in the DHC Program ends. For any questions about the use of additional third-party data sources in the DHC Program, please call 1-877-322-0281 or email privacy@nnihealthcoach.com. 

8. Security. By enrolling in the DHC Program, you understand that Novo Nordisk is not a "Covered Entity" or "Business Associate" under the Health Information Privacy Rule (or "HIPAA") that requires protection of a patient's confidential information. By releasing my personal information to Novo Nordisk, you acknowledge that this information will not be protected by HIPAA but will be protected by reasonable security measures.
9. Content. All information available in or provided through the DHC Program is collectively referred to in these Terms as the "Content." The Content may include educational and informational materials, lifestyle modification information, or disease management tools. The Content is provided for your personal, noncommercial use only. You may access, view, use, display, and download the Content, but you do not receive any ownership in or to the Content or any copies thereof. You may not sell, give, reproduce, create derivative works of, publicly display, or otherwise distribute the Content to anyone other than your physician(s) or caregiver(s). All rights not expressly granted herein are reserved. Novo Nordisk assumes no responsibility for the accuracy or appropriateness of any information provided by you through the DHC Program.

10. NOT MEDICAL ADVICE. This program does not substitute medical advice from your health care provider. You will have to contact him or her directly about issues, questions, or concerns. DHC Program coaches provide you with support, encouragement, practical tips, and accountability to help you achieve your health goals. DHC Program coaches do not give medical advice. OUR CONTENT AND COMMUNICATIONS ARE NOT INTENDED TO BE A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE CONTENT AND COMMUNICATIONS DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU WILL SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS THAT ARISE REGARDING ANY MEDICAL CONDITION. YOU ACKNOWLEDGE THAT ALL INFORMATION AND GUIDANCE PROVIDED BY YOU IS SOLELY AT YOUR OWN RISK. You understand that Novo Nordisk does not endorse any particular physician or health care provider for the treatment of any specific medical condition. You further understand that this program is not a means to communicate product issues or negative side effects to Novo Nordisk. You are encouraged to report negative side effects of prescription drugs to the FDA at www.fda.gov/medwatch, or by phone at 1‑800‑FDA‑1088. Novo Nordisk is not responsible for monitoring or recording text messages that may constitute an issue or negative side effect. However, if you are using a Novo Nordisk Product as treatment, and some of your entered responses can be interpreted as a side effect of the medication, Novo Nordisk reserves the right to contact you for more information by phone or written communication. For additional information about your medication, please call Novo Nordisk Customer Care at 1‑833‑693‑6742.
11. Supplementary Tool. The DHC Program is intended as a secondary tool to help you manage your lifestyle (it does not prove specific treatment or treatment suggestions). You should not and must not rely on the DHC Program as a primary tool for determining whether and when to take medication, for information about your treatment, disease progression, or other health information.

12. Prohibited Activity. You will not: (a) access or attempt to access the DHC Program or any part thereof that you are not authorized to access or through any means that you are not authorized to use; (b) disrupt or interfere with the security of, or otherwise cause harm to the DHC Program, systems, resources, accounts, passwords, servers or networks connected to or accessible through the DHC Program or any affiliated or linked websites or access or use the DHC Program in any manner that could damage, disable, overburden, or impair any server or network used by us in connection with the DHC Program; (c) use the DHC Program to transmit any information of a sensitive nature, such as health information, social security numbers, credit card numbers (other than, as strictly allowed), or any other information that, if generally exposed, could lead to identity theft, financial fraud, embarrassment, or other harm; (d) use the DHC Program in any manner that infringes upon or violates any intellectual property rights or other rights or interest of any party or otherwise constitutes pornography, defamation, harassment, bullying, predatory behavior, false and deceptive advertising, or hate speech; (e) submit any software, programs, or files via the DHC Program that are harmful or disruptive of another's equipment, software, or other property, including any corrupted files, time bombs, Trojan Horses, viruses, and worms; (f) disrupt, interfere with, or inhibit any other user from using and enjoying the DHC Program; (g) violate any applicable laws or regulations related to the access to or use of the DHC Program, and/or engage in any activity prohibited by the Terms of Use; (h) compile, use, download, or otherwise copy any materials available on the DHC Program (except as expressly permitted), or transmit, provide, or otherwise distribute (whether or not for a fee) such materials to any third party; (i) use, or allow anyone else to use, any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the DHC Program; (j) frame, mirror, or use framing techniques on any part of the DHC Program without our express prior written consent; (k) make any use of, or allow anyone else to make any use of, data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing the DHC Program, or any portion thereof, or otherwise scrape, collect, store, or use the DHC Program, except pursuant to the limited license granted by the Terms of Use; (l) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the DHC Program; or (m) remove any copyright, trademark, or other proprietary rights notice from the DHC Program. These examples of prohibited conduct are illustrative and are not exhaustive.

    TO THE MAXIMUM EXTENT AUTHORIZED BY LAW WE RESERVE THE RIGHT, BUT DISCLAIM ANY OBLIGATION WHATSOEVER, TO MONITOR OUR SITE AND YOUR COMPLIANCE WITH THIS SECTION AND WITH THE TERMS OF USE AS A WHOLE. 

13. Termination of DHC Program. Novo Nordisk may suspend or terminate your use of the DHC Program if Novo Nordisk believes you are in breach of these Terms of Use. Your receipt of DHC Program communications is also subject to termination in the event that your telephone or network service terminates or lapses. Novo Nordisk reserves the right to modify or discontinue, temporarily or permanently, all or any part of the DHC Program with or without notice. You assume sole responsibility for the proper use and scheduling of any medications, treatments, and procedures related to your health care and disease management.
14. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, we may freely assign the Terms of Use, and the rights and obligations therein, without your consent, including but not limited to, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
15. Entire Agreement. This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between DHC Program and you with respect to the subject matter hereof.
16. Miscellaneous. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. To the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by DHC Program to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.