TERMS OF USE

These Terms of Use are entered into by and between you and Realizing DPP, Inc. (“Realizing DPP,” “our,” “us,” or “we”). These terms and conditions, together with our Privacy Policy (collectively, “Terms of Use”), govern your access to and use of www.realizingdpp.com and related services (collectively, the “Website” or “Realizing DPP’s Products and Services”) whether as a visitor or user. Please read the Terms of Use carefully before using the Website.

By using the Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy 

If you do not want to agree to these Terms of Use, you must not use or access the Website.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Realizing DPP with respect to the Website and Realizing DPP’s Products and Services. These supersede all prior and concurrent understandings, agreements, representations, and warranties, both written and verbal.

Your comments and concerns

This Website is operated by Realizing DPP, Inc., 43 Town Center Square, Suite 102, Hattiesburg, MS 39402. Please direct all feedback, requests for technical help, and other communications about the Website to:  support@realzingdpp.com

Updates to the Terms of Use

We may revise and update these Terms of Use from time to time as we choose to. All changes are effective immediately when we post them and apply to all access and use of the Website after that.

If you continue to use the Website, and Realizing DPP’s Products and Services, after we post the revised Terms of Use, this means that you accept and agree to the changes. You are expected to check this page from time to time so you’re aware of any changes as they are legally binding on you. We recommend you check our Terms of Use each time you access the Website.

Who we are

Realizing DPP offers technology platforms that connect a community of lifestyle coaches for the delivery of chronic disease prevention and management lifestyle care programs (including but not limited to the Centers for Disease Control and Prevention’s National Diabetes Prevention Program, and Centers for Medicare and Medicaid Services’ Medicare Diabetes Prevention Program) that:

  • Recruit, train, and place lifestyle coaches for lifestyle care work assignments
  • Manages lifestyle care program participant acquisition, reimbursement, and payment
  • Supports the delivery of lifestyle program sessions and participant engagement
  • Aggregates data from all lifestyle care platforms
  • And supports increased participant access, enrollment, and outcomes

We understand that Protected Health Information (PHI) is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of participant Protected Health Information. We take privacy seriously. Please visit Private Policy for review.

Who we are not

Nothing on our Website, in any of our other interactions with you, or in your use of any of Realizing DPP’s Products and Services, should be construed as creating a physician-patient relationship between you, your participants, or Realizing DPP.

If you or someone you know is having a medical emergency, call 911 immediately.

Never disregard professional medical advice or delay seeking it because of something you have read on the Website. Realizing DPP does not engage in the practice of medicine.

Realizing DPP’s Products and Services, and the content on the Website, such as text, graphics, images, articles, and other materials (“Content”) is for general informational purposes only. While we intend for all information on the Website to be useful:

  • We do not guarantee the accuracy, completeness, or usefulness of this information or adequacy of any resources, information, apparatus, product, or process on the Website.
  • The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
  • The Website is not designed for the delivery of time-sensitive or life critical medical or health-related communications.
  • We do not review all material before it is posted on the Website. Relying on such information is strictly at your own risk.

Who can use Realizing DPP’s Products and Services

Realizing DPP’s Products and Services are designed and intended for U.S. citizens who:

  • Live in the U.S.
  • Are age 18 and older
  • Meet all program eligibility requirements

No one under age 18 may provide any health-related information to or through Realizing DPP’s Products and Services unless Realizing DPP confirms that such disclosure would comply with HIPAA and equivalent State law. By using Realizing DPP’s Products and Services, you guarantee that you are a U.S. citizen and meet all the eligibility requirements.

Your rights and responsibilities under this agreement

Guarantees you make

You guarantee that the information you provide to us about you will be current, true, accurate, supportable, and complete.

As part of Realizing DPP’s Products and Services, users may have the ability to transmit Personally Identifiable Information (PII) and Protected Health Information (PHI) by and between one another if allowed by HIPAA and equivalent State law.

User Contributions

The Website may contain “Interactive Services” that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website, such as:

  • Message boards
  • Chat rooms
  • Personal web pages or profiles
  • Forums
  • Bulletin boards
  • User-to-user messaging services
  • Or similar tools

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary.

By providing any User Contributions on the Website, you grant us and our respective licensees and successors, the right to use, reproduce, modify, perform, display, distribute, and otherwise share with third parties any of this material that must follow your community settings and Privacy Laws.

You guarantee that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns; along with
  • All User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you contribute and you, not Realizing DPP, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

All User Contributions must comply with the Content Standards in these Terms of Use.

Content standards

These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions must comply in their entirety with all Privacy Laws. Without limiting what’s mentioned above, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, in violation of Privacy Laws, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and Privacy Laws) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive Realizing DPP or any person.

Linking to the Website and social media features

You may link to our homepage, provided you link in a way that is fair and legal and does not damage our reputation or take advantage of it or violate the Privacy Laws of any user. But you must not link in a way that suggests we endorse, approve, or are associated with the content without our express written consent.

The Website may provide certain social media features that allow you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You agree to cooperate with us in immediately stopping any unauthorized framing or linking. 

Prohibited uses or disclosures

You may use the Website and Realizing DPP’s Products and Services only for lawful purposes in accordance with these Terms of Use, our Privacy Policy, and Privacy Laws.

You agree not to use the Website and Realizing DPP’s Products and Services:

  • In any way that violates Privacy Laws
  • For purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content
  • To send, receive, upload, download, use, or re-use any material that does not comply with the Content Standards identified in these Terms of Use
  • To transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation
  • To impersonate or attempt to impersonate Realizing DPP, a Realizing DPP agent or employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Realizing DPP or users of the Website and Realizing DPP’s Products and Services or expose them to liability

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other user’s use of the Website, including their ability to engage in real time activities through the Website
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent
  • Use any device, software, or routine that interferes with the proper functioning of the Website
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack

Otherwise, any attempt to interfere with the proper working of the Website is prohibited.

Realizing DPP’s rights and responsibilities

Realizing DPP is dedicated to ensuring the accessibility, integrity, and security of information you submit and post, including your PII and PHI.

Reliance on information posted

The information presented on or through the Website and Realizing DPP’s Products and Services is made available solely for general information purposes. We do not undertake to review all material before it is posted on the Website. While we intend for all information on the Website to be useful, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We are not liable or responsible for anything that happens due to anyone relying on information on the Website, including:

  • You
  • Any other visitor to the Website
  • Anyone who may be informed of any of its content
  • The Website may include content provided by third parties, including:
  • Other users
  • Bloggers
  • Educators
  • Physicians
  • Researchers, etc.

All statements and opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author. We are not responsible or liable for the content or accuracy of any materials authored by any third parties.

We have the right to disable any username, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.

Disclaimer of warranties and acknowledgements

Your use of the Website, its content, and any products or services obtained through the Website is at your own risk.

You understand that we cannot and do not guarantee that files you download from the internet, or the Website will be free of viruses or other destructive code.

To the maximum extent permitted by applicable law, the Website and related products and services are provided “as is” and “as available,” with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect thereto, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement.

We do not guarantee, in writing or verbally, that the functions will meet your requirements, that any service will be uninterrupted or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply.

Website changes, maintenance, and availability

We reserve the right to withdraw or amend the Website, or any of Realizing DPP’s Products and Services, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time, for any reason.

We will do scheduled system maintenance from time to time. During this time, updates to the Website, or parts of the website, may be unavailable. We may need to do emergency maintenance at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. Use of the Website is void where prohibited by regulation.

Monitoring, enforcement, and termination

In our sole discretion, we have the right to:

  • Remove or refuse to post any User Contributions for any or no reason.
  • Withdraw linking permission and disable all or any social media features and any links at any time without notice.
  • Take any action with respect to any User Contributions that we deem necessary or appropriate, including if we believe that the User Contributions:
    • Violates the Terms of Use, including the Privacy Policy and Content Standards
    • Infringes any intellectual property right or other right of any person or entity
    • Threatens the personal safety of the Website users or the public
    • Violates Privacy Laws
    • Or could create liability for Realizing DPP
  • Share your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights as stated in Privacy Laws.
  • Take appropriate legal action for any illegal or unauthorized use of the Website or Realizing DPP’s Products and Services, including without limitation, referral to law enforcement.
  • Terminate or suspend your access to all or part of the Website or Realizing DPP’s Products and Services for any violation of these Terms of Use.

Without limiting what’s stated above, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and administrative or court orders that request or direct us to share the identity or other information of anyone posting any materials on the Website.

You waive and hold harmless Realizing DPP and its licensees from any claims that result from any action Realizing DPP and/or its licensees take:

  • During, or because of its investigations, or
  • Because of investigations or other actions by Realizing DPP, law enforcement, regulatory agencies, or private parties.

Geographic restrictions

Realizing DPP is based in Mississippi, in the United States:

  • We provide the Website for use only by people within the United States.
  • We make no claims that the Website or any of its content is accessible, appropriate, or lawful outside of the United States.
  • Access to the Website may not be legal by certain people or in certain countries.
  • If you access the Website from outside the United States, you do so on your own initiative and are responsible for following local laws.

Intellectual property rights

Realizing DPP’s Products and Services, including the Website (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement) are:

  • Owned or controlled by Realizing DPP, its licensors or other providers of such material, and
  • Protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Under no circumstances may the name Realizing DPP or any of Realizing DPP’s proprietary tools or services be used in any advertising or publicity without the express prior written permission of Realizing DPP.

If you print, copy, change, download, use, or provide any other person or entity with access to any part of the Website or Realizing DPP’s Products and Services in violation or breach of these Terms of Use, your right to use Realizing DPP’s Products and Services will end immediately and you must, at our option, return or destroy any copies of the materials you have made.

All rights not expressly granted are reserved by Realizing DPP. No right, title, or interest in or to the Website or any content on the Website is transferred to you. Any use of the Website or Realizing DPP’s Products and Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The following are trademarks of Realizing DPP or its affiliates, licensors, or respective owners:

  • Realizing DPP’s name
  • Realizing DPP’s logo
  • All related names, logos, product and service names, designs, and slogans

You must not use these without the prior written permission of Realizing DPP.

Acknowledgement regarding text messages

To the extent the Website or related services enables you to send or receive text messages, the standard text messaging rates or other carrier charges may apply.

Limitation of liability

We will not be liable for any loss or damage caused by:

  • A distributed denial-of-service attack
  • Viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items you get through the website, or to your downloading of any material posted on it, or on any website linked to it

In no event will Realizing DPP, its affiliates, or their licensors, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use:

  • The website
  • Any websites linked to it
  • Any content on the website or such other websites
  • Or any services or items obtained through the website or such other websites

This also includes any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to:

  • Personal injury
  • Pain and suffering
  • Emotional distress
  • Loss of revenue
  • Loss of profits
  • Loss of income
  • Loss of use
  • Loss of goodwill
  • Loss of data
  • And whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable

Some areas do not allow the limitation of liability or exclusion of certain damages, so this limitation may not apply.

Indemnification

If you violate these Terms of Use or have any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees due to your use of the Website including, but not limited to, your User Contributions, any use of the Website’s content, and Realizing DPP’s Products and Services, you agree to defend, indemnify and hold harmless Realizing DPP, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns.

Governing law and jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction).

Amendments

Any amendments to and waivers under these Terms of Use shall only be valid if in writing and signed by an authorized officer of Realizing DPP.

Waiver and Severability

No waiver by Realizing DPP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Realizing DPP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of the Terms of Use will continue in full force and effect.

Arbitration agreement

You expressly agree that you will submit any dispute(s) arising from the use of these Terms of Use or the Website, including their interpretation, violation, invalidity, non-performance, or termination, to binding arbitration under the rules of arbitration of the American arbitration association applying Mississippi law in the county of Lamar.

In conjunction with Terms of Use, please review the Privacy Policy linked to the Website.