Website User Agreement

Welcome! North Dakota Department of Health’s goal is to offer you a great experience with the "North Dakota" online Diabetes Prevention Program. We accomplish that goal by providing a multitude of web-based services geared to deliver personalized instruction.

You may use the Web site, services, content, technologies and applications of https://livebetternd.com, and any subdomains or related domains, (collectively, the “Website”) only on the condition that you abide by the following terms:

BY USING THE WEBSITE, ENGAGING OUR SERVICES, SENDING US SUBMISSIONS, AND/OR REGISTERING TO OPEN AN ACCOUNT WITH US, YOU ARE ACKNOWLEDGING AND AGREEING TO EACH AND EVERY ONE OF THE TERMS AND CONDITIONS IN THIS AGREEMENT (THE “SITE TERMS”), AND ALL OTHER AGREEMENTS THAT ARE (OR WILL BE) LOCATED AT on the link at https://livebetternd.com/dpp/privacy_policy/ (COLLECTIVELY, THE “AGREEMENT” OR “AGREEMENTS”).

1. About The Site Terms

The Website is a service made available by North Dakota Department of Health (“North Dakota Department of Health”). The Site Terms govern your use of the Website, and have the same force and effect as does a written agreement with original signatures from all parties. If you do not agree to these Site Terms, do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using North Dakota Department of Health before the changes take effect. Your continued use of North Dakota Department of Health after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the most current version of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the link at https://livebetternd.com/dpp/privacy_policy/.

The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions posted in particular areas of the site. The additional terms, together with these Site Terms, govern your use of those areas, content, or transactions.

2. About the Website

The Website gives users the ability to receive program curriculum and dietary information from a Trained Lifestyle Coach through our Website (collectively, the “Submissions”), subject to these Site Terms. You agree that all such transactions will be governed by North Dakota Department of Health’s Terms of Sale Agreement located at https://livebetternd.com/dpp/privacy_policy/.We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to its users.

3. Registration

Registration is not required to visit the Website. However, if you desire to complete a transaction with us or engage our Services, you must create an account. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify North Dakota Department of Health immediately by emailing support@livebetternd.com.

4. Ownership

The Website contains information, content, advertisements, text, photographs, designs, graphics, images, sound, and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by North Dakota Department of Health or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, North Dakota Department of Health retains all rights (including intellectual property rights), title, and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications, and improvements related to the Website (the “Technology”) (the terms Content and Technology will be collectively referred to as the “Materials”). You may not remove any copyright, trademark, or other proprietary notice from any electronic or printed copy.

5. Termination

This Agreement is effective unless and until terminated by either you or North Dakota Department of Health. You may terminate this Agreement at any time. North Dakota Department of Health may terminate this Agreement at any time without notice and deny you access to the Website, if, in its sole discretion, you fail to comply with any term or provision of this agreement. A termination or actions taken by North Dakota Department of Health

under the previous sentence shall not limit North Dakota Department of Health other legal rights and remedies available under law or equity. Upon any termination of this agreement by either you or North Dakota Department of Health, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under this agreement or otherwise.

6. Use of Website and Materials

North Dakota Department of Health provides the Website, curriculum and the Materials for your individual, non-commercial use, solely for the purpose of carrying out individual transactions through the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:

A. Modify, republish, redistribute, delete, resell, sublicense, publicly perform, or cache by proxy the Website or Materials without the express written permission of North Dakota Department of Health or the applicable rights holder;

B. Use the Materials for telemarketing or direct marketing by commercial mass e-mail, agents, representatives, or e-mail spammers;

C. Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;

D. Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;

E. Reformat or frame any portion of the Website or Materials;

F. Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;

G. Allow others to use the Website under or through your account login ID/email and password;

H. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

I. Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website;

J. Use the Site to engage in libel, defamation, unlawful harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.

Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials. Whether or not a user Submission violates this provision is within North Dakota Department of Health’s sole discretion requiring no explanation on its behalf.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

7. License

By using the Website, uploading content, or submitting any materials to the Website, you grant (or warrant that the owner of such rights has expressly granted) North Dakota Department of Health a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to North Dakota Department of Health on or by this Website or otherwise disclosed, submitted, or offered in connection with your use of this Website or otherwise (collectively, "Comments") shall be and remain North Dakota Department of Health property. North Dakota Department of Health is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments.

8. Automated Activity

The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to North Dakota Department of Health by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then-current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

9. Linking

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give North Dakota Department of Health notice of such link by sending an e-mail to support@livebetternd.com and (c) you discontinue providing links to this Website if requested by North Dakota Department of Health. If you wish to provide links to a section within the Website, you should forward your request to North Dakota Department of Health at support@livebetternd.com and North Dakota Department of Health will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission in a separate agreement.

10. Representations

You represent and warrant to us that (a) you are legally capable of entering into contracts, (b) you are providing us at all times with true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law, and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.

11. Disclaimer

North Dakota Department of Health makes every effort to ensure the information presented in, on or through its Website is accurate. However, because North Dakota Department of Health communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, North Dakota Department of Health has no control over the accuracy of such information, makes no guarantee as to such information, and is not responsible for the information as to its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

12. Warranty, Liability, Indemnification

North Dakota Department of Health makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that North Dakota Department of Health

shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.

THE WEBSITE AND MATERIALS ARE PROVIDED BY NORTH DAKOTA DEPARTMENT OF HEALTH ON AN “AS IS” BASIS AND IS AVAILABLE WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. North Dakota Department of Health EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY WISH TO GAIN FROM YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL North Dakota Department of Health, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR OTHERWISE. NORTH DAKOTA DEPARTMENT OF HEALTH SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.

Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

North Dakota Department of Health DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS,” “TROJAN HORSES,” OR THEIR HARMFUL COMPONENTS. North Dakota Department of Health ONLY LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY North Dakota Department of Health, SHALL BE CANCELLATION OF YOUR PERSONAL ACCOUNT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER North Dakota Department of Health, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, RDs, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, OR (III) THAT THE INFORMATION PROVIDED IS IN ANY WAY CERTIFIED BY A MEDICAL PROFESSIONAL.

13. Indemnity

You agree to release, indemnify, defend, and hold harmless North Dakota Department of Health , its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors, and distributors from and against any and all claims, liabilities, damages, losses, costs (including taxable and non-taxable costs), expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, authorized or unauthorized) violation or breach of any representation or obligation under these Agreements. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

14. Privacy

We view protection of users’ privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the North Dakota Department of Health Privacy Policy, which you can review by visiting the link at https://livebetternd.com/dpp/privacy_policy/. If you object to your information being transferred or used in this way, do not use our services.

15. Electronic Notices and Transactions

You agree to transact business with us electronically. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date, to maintain a valid email address, and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email-blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.

16. Access

You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

17. Notice Regarding Technology

Our Technology, including any software or applications we provide to you, is a “commercial item,” as that term is defined in 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. §§ 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4.

Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.

18. Miscellaneous

North Dakota Department of Health reserves the right to investigate complaints or reported violations of the Site Terms and to take any action North Dakota Department of Health deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

North Dakota Department of Health reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including, but not limited to, the right to block access from a particular Internet address to any Second Rotation website. These incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of the Agreement is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AT on the link at https://livebetternd.com/dpp/privacy_policy/, AND THESE SITE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN PHOENIX, ARIZONA, AND, BY INDICATING YOUR ACCEPTANCE BELOW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.

The obligations in, inter alia, Sections 5 through 8, 10 through 15, 17 and 18 shall survive termination of these Site Terms.

19. Integration and Incorporation

The agreements located at https://livebetternd.com/dpp/privacy_policy/. constitute one single, fully integrated agreement. All of the terms, conditions, obligations, definitions and provisions of those agreements are therefore applicable to the instant agreement. Moreover, North Dakota Department of Health by this reference, hereby incorporates herein the most current version of all agreements posted at https://livebetternd.com/legal. The currently posted agreements include North Dakota Department of Health Website User Agreement, Electronic Communications Delivery Policy, Privacy Policy and Terms of Sale Agreement. However North Dakota Department of Health may, in its sole discretion, add, remove, amend, or otherwise change the agreements posted at https://livebetternd.com/dpp/privacy_policy/.

Terms of Service Agreement

North Dakota Department of Health (“North Dakota Department of Health ”)gives users the ability to obtain dietary information from a Trained Lifestyle Coach (“RD”) upon submission of the users’ dietary information to the Website (collectively, the “Submissions”). Upon use of the Website, you agree that all such transactions will be governed by North Dakota Department of Health’s Terms of Sale and other Agreements, as stated below. In addition, you must agree to abide by the following terms in order to use the Services, or be subject to termination of Services by North Dakota Department of Health.

BY SETTING UP AN ACCOUNT, OR BY USING North Dakota Department of Health'S WEBSITE, YOU UNCONDITIONALLY INDICATE THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

1. Describe How Agreement is Effectuated

By electronically signing up in any form to North Dakota Department of Health , you agree to adhere to North Dakota Department of Health’s Terms of Service. You may need to set up an account in order to use some of the features of our Services. You may not use someone else's account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name, or phony contact information.

You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

2. North Dakota Department of Health does not provide Medical Advice

The information provided by a North Dakota Department of Health RD in response to your Submission is strictly for educational purposes only. The information is not intended to be a substitute or supplement to professional medical advice. Please consult a physician before using North Dakota Department of Health’s Services. You should always consult your healthcare provider to determine the appropriateness of the information for your own dietary needs or if you have any questions regarding a medical condition or treatment plan. This site is not designed to, and does not provide, medical advice, professional diagnosis, opinion, treatment, or services. Do not use North Dakota Department of Health’s Services if you have any medical issue that is affected by your diet.

3. Cancelling, Rejecting, Suspending and Terminating Transactions

If North Dakota Department of Health receives your Submission, we nevertheless reserve the right to, in our sole discretion, for any reason or for no reason: (a) decline to respond to your Submission, (b) respond to some of your Submissions but not others, or (c) decline to respond to any of your Submissions.

4. Limitation of Liability

You hereby expressly agree to limit North Dakota Department of Health’s responsibility, obligation and/or liability to the lesser of (a) $1,000, or (b) the cost of your membership, for any and all damages, claims or actions related to, or arising out of, any transaction or occurrence subject to, or referenced in, the Agreements. You also hereby expressly agree to release, indemnify, defend and hold North Dakota Department of Health harmless for any such amounts over the lesser of (a) $1,000, or (b) the cost of your membership.

You hereby acknowledge and agree that the foregoing limitation, release and waiver precludes, inter alia, incidental, special, indirect, consequential, or punitive damages or loss of profit or opportunity for any claims, demands or actions brought by you, or on your behalf, including any subrogation claim brought by your insurance carrier. You expressly and specifically waive any subrogation claim on your behalf as well as on behalf of your insurance carrier.

5. Miscellaneous

You hereby acknowledge and agree that:

A. You have provided us your accurate email address, physical address, and telephone number, and that it is your responsibility to provide us with current or updated contact information.

B. You are irrebuttably presumed to have received, and to have actual knowledge of (a) any electronic communication directed to you (such as notices posted on the Website), and (ii) any email message sent to an email address that you have provided to us.

C. You are irrebuttably presumed to have received, and to have actual knowledge of, any message left at a phone number you have provided to us. Such messages include, inter alia, voicemails, messages left with anyone answering that phone number, or otherwise.

6. About this Agreement

You acknowledge and agree that this Agreement, and all the Agreements, are in electronic form and has the same force and effect as a written agreement with original signatures from all parties. In this Agreement, the term “you” or “your” means an individual or entity exercising rights under this Agreement, and the term “North Dakota Department of Health" ,” “we” or “us” means North Dakota Department of Health and its affiliates and subsidiaries.

7. Requirements

In order to complete the transaction with North Dakota Department of Health , you must:

A. Create an account with us, which you do by submitting contact and payment information to us via the Website;

B. Provide true, up to date and accurate account information about yourself and any Item;

C. Comply with all terms and conditions of this Agreement;

D. Comply with all applicable laws and regulations;

E. Transact on behalf of yourself and not on behalf of others; and

F. Have the legal capacity to enter into agreements

8. Accuracy of all Information

North Dakota Department of Health makes every effort to ensure the accuracy of all information you receive in relation to your Submissions. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions, incomplete, or outdated information. As such, North Dakota Department of Health reserves the right, at any time, to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. North Dakota Department of Health does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

9. Privacy

We view protection of users’ privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the North Dakota Department of Health'sPrivacy Policy, which you can review by going to on the link at https://livebetternd.com/dpp/privacy_policy/. If you object to your information being transferred or used in this way please do not use our services.

10. Electronic Notices and Transactions

You agree to transact with us electronically. This means you agree to accept and terms and conditions and to conduct any transaction of your Submissions with us by electronic means. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.

11. Entire Agreement/No Waiver

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by North Dakota Department of Health of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

12. Modification

North Dakota Department of Health reserves the right to modify this Agreement, or any related Agreements, at any time. If you do not agree to the changes, you must discontinue using the North Dakota Department of Health Websites and/or the Services before the changes take effect. Your continued use of North Dakota Department of Health after any such changes take effect constitutes your acceptance to such changes. Each time you deliver a Submission to North Dakota Department of Health , you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at https://livebetternd.com/dpp/privacy_policy/. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.

13. Applicable Law and Venue

THIS AGREEMENT, THE OTHER AGREEMENTS LOCATED AT on the link at https://livebetternd.com/dpp/privacy_policy/, AND THESE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR ITEMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ARIZONA LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE OTHER AGREEMENTS, WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN PHOENIX, ARIZONA, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE

14. Integration and Incorporation

The agreements located at https://livebetternd.com/dpp/privacy_policy/, constitute one single, fully integrated agreement. All of the terms, conditions, obligations, definitions and provisions of those agreements are therefore applicable to the instant agreement. Moreover, North Dakota Department of Health , by this reference, hereby incorporates herein the most current version of all agreements posted at https://livebetternd.com/dpp/privacy_policy/. The currently posted agreements include North Dakota Department of Health’s Website User Agreement, Privacy Policy, and Terms of Service Agreement. However, North Dakota Department of Health may, in its sole discretion, add, remove, amend, or otherwise change the agreements posted at https://livebetternd.com/dpp/privacy_policy/.

Privacy Policy


Please read the following to learn more about our privacy policy, the typesof personal information we gather, and the measures we take to safeguardyour privacy when you use the Website, applications, and services weprovide (the “Services ”).

https://livebetternd.com, and any subdomains or related domains, (collectively,the “Website ”) is provided by North Dakota Department of Health,and its affiliates (“North Dakota Department of Health ,”“we ,” or “us ”).This policy covers how we protect personal information collected and usedon or through the Services and other related websites where this policy isposted. The Website may contain links to other sites. Once you enteranother website, be aware that North Dakota Department of Health is not responsible for theprivacy practices of other sites.

You agree that this Privacy Policy is part of our Terms of Use Agreement,Terms of Service Agreement, and any other agreements posted athttps://livebetternd.com/termsofservice(collectively, the“Agreement ” or “AgreementsBy accessing or using the Website orour Services, you agree to be bound by all of our terms and conditions.

When you use the Services, you provide information to us. North Dakota Department of Healthcollects two types of information: (1) information that you provide thatlets us know who you are (“Personally Identifiable Informationand (2)information that does not by itself identify a specific individual (“Non-personally Identifiable Information

You can browse the Services’ Websites without informing North Dakota Department of Healthwho you are or revealing any personal information about yourself. However,when you transact with us or register to open an account with North Dakota Department of Health,we ask for personal information such as your name, email address, and zipcode, which we collect and use as disclosed below in this Privacy Policy.Once you submit information about yourself to the Website, you are nolonger an anonymous, passive user of the Website. We may also collectadditional information about you when you engage in certain activitiesfacilitated by our Services, such as: (a) when you enter promotions orsweepstakes; (b) when you sign up for special offers; (c) when you visitthe Services’ Web pages or the pages of certain North Dakota Department of Healthpartners; (d) when you interact with offers and advertisements; (e) whenyou contact us for help or customer support; (f) when you access theServices with your account; (g) when you complete a survey; or (h) when youpost content or provide us with feedback. North Dakota Department of Health may also receiveinformation about you from other sources and add it to your accountinformation. Providing information is purely optional on your part;however, not all features and services (such as responding to yourinquiries) would be available to you if you elect not to provideinformation. If you choose to provide us with personal information, youconsent to the transfer and storage of that information.

We automatically receive and collect Non-personally IdentifiableInformation on our server logs from your browser, including your IPaddress, the Uniform Resource Locator (“URL ”)that you just came from, which URL you next go to, browser type, browserlanguage, date and time of your query, North Dakota Department of Health cookie information, andthe pages you request. This information is compiled and analyzed on both apersonal and an aggregated basis. We may use third-party analytics servicesto collect, monitor and analyze the information collected as describedabove.

We will use Personally Identifiable Information primarily for the followingpurposes: (a) to provide you with the Services; (b) to customize theadvertising and content you see; (c) fulfill any transactions, includingyour requests for products and services; (d) improve our Services andofferings to you; (e) conduct research; (f) provide you with support,technical or otherwise; (g) provide you with updates and notices about theServices, our Privacy Policy, and terms and conditions; (h) provide youwith promotional offers, our affiliates and from third parties that may beof interest to you; and (i) provide anonymous reporting for internal andexternal clients. In addition, North Dakota Department of Health may use your email address tocontact you under the following circumstances: to respond to your supportquestions, to notify you of material changes to our policies or website, torequest your participation in user surveys, and to deliver products,services and marketing communications upon you request.

We will use Non-personally Identifiable Information to diagnose problemswith our servers and software, to administer the Services, and to gatherdemographic information. Our third-party advertising networks and serverswill also supply reports that will inform us how many ads were presentedand clicked upon on https://livebetternd.com in a manner that does not identifypersonally any individual.

North Dakota Department of Health may set and access North Dakota Department of Health cookies on your computer. Uponyour first visit to the Website, a cookie is sent to your computer thatuniquely identifies your browser. A “cookie” is a small filecontaining a string of characters that is sent to your computer and storedon your hard drive when you visit a website; many major Web services usethem to provide useful features for their users. Each web site can send itsown cookie to your browser. Most browsers are initially set up to acceptcookies. You can reset your browser to refuse all cookies or to indicatewhen a cookie is being sent; however if you reject cookies, you will not beable to sign in to the Services or take full advantage of our Services.North Dakota Department of Health uses cookies for the following general purposes: (a) to trackyour preferences, such as the address or local zip code you enter; (b) toaccess your information when you sign in so we can provide you with yourpersonalized content; (c) to display the most appropriate advertisements,based on your interests and activity on our web site; and (d) and to helpus analyze and estimate our traffic and use of features on the Services.

We may also use “pixel tags,” which are small graphic filesthat allow us to monitor the use of the Services. A pixel tag can collectinformation such as the IP address of the computer that downloaded the pageon which the tag appears; the URL of the page on which the pixel tagappears; the time (and length of time) the page containing the pixel tagwas viewed; the type of browser that retrieved the pixel tag; and theidentification number of any cookie previously placed by that server onyour computer. We may use pixel tags, either provided by us or by our thirdparty advertisers and ad networks, to collect information about your visit,including the pages you view, the links you click and other actions takenin connection with our sites and Services and use them in combination withour cookies to provide offers and information of interest to you.

We also may allow certain analytic services and providers of applicationsused on the Services (e.g. sharing buttons) to collect Non-PersonallyIdentifiable information by placing cookies on the Services that will trackcertain performance of our Services, such as, web traffic, click-throughs,etc., in order to assist us and our service providers in betterunderstanding the interests of our users and to better serve thoseinterests.

We may use other companies under separate agreements to supplyadvertisements when you visit and use our Services. These companies maycollect and use Non-Personally Identifiable Information (e.g., click streaminformation, browser type, time and date, subject of advertisements clickedor scrolled over) during your access to our Services and other Web sites inorder to provide advertisements about goods and services likely to be ofgreater interest to you. These companies typically use a cookie, a thirdparty web beacon and/or pixel tags to collect this information. To learnmore about this behavioral advertising practice in general and the optionsthat you have, including your option or to opt out of this type ofadvertising, you can visit www.networkadvertising.org. These cookies, webbeacons and pixel tags do not collect any personal information from yourcomputer, such as your e-mail address. Other companies’ use of theircookies is subject to their own privacy policies, not this one. Advertisersor other companies do not have access to North Dakota Department of Health’s cookies.

In order to serve offers and advertisements that may be interest to ourusers, we may display targeted advertisements on the Services based onPersonally Identifiable Information provided by our users, including zipcode and profile. We do not provide this Personally IdentifiableInformation to our advertisers when you interact with such anadvertisement. However, please note that the advertisers (including adserving companies) may determine based on their own analysis that a userwho interacts with an advertisement targeted by North Dakota Department of Health may fit into acertain demographical category; for example, an advertiser may determinethat men ages 25-34 are interacting with a certain advertisement on North Dakota Department of Healthfrom a particular geographic area. You acknowledge that anyinformation collected by such advertisers or advertising networks –and any options that you have with the use of such information –would be handled in accordance with the disclosures provided above in the“Advertising” section.

North Dakota Department of Health does not rent, sell, or share personal information about youwith other people or nonaffiliated companies except to provide products orservices you’ve requested, when we have your permission, or under thefollowing circumstances:

We provide the information to trusted partners who work on behalf of orwith North Dakota Department of Health under confidentiality agreements. These trusted partnersinclude companies with which North Dakota Department of Health may operate co-branded websitesor web-pages to expand their services using North Dakota Department of Health’s Services.These trusted partners may use your personal information to provideservices to you on our behalf, evaluate the effectiveness of the services,and to help North Dakota Department of Health communicate with you about offers from North Dakota Department of Health and our marketing partners. However, these companies do not have anyindependent right to share this information. We respond to subpoenas, courtorders, or legal process, or to establish or exercise our legal rights ordefend against legal claims.

We believe it is necessary to share information in order to investigate,prevent, or take action regarding illegal activities, suspected fraud,situations involving potential threats to the physical safety of anyperson, violations of North Dakota Department of Health’s terms of use, or as otherwiserequired by law. We may transfer information about you if North Dakota Department of Health isacquired by or merged with another company. In this event, North Dakota Department of Healthwill post a notice on its website before information about you istransferred and becomes subject to a different privacy policy.

The sites displayed as search results or linked to by the Services aredeveloped by people over whom North Dakota Department of Health exercises no control. Theseother sites may place their own cookies on your computer, collect data orsolicit personal information. North Dakota Department of Health may present links in a formatthat enables us to understand whether they have been followed. We use thisinformation to understand and improve the quality of North Dakota Department of Health’ssearch technology. For instance, this data helps us determine how oftenusers are satisfied with the first result of a query and how often theyproceed to later results.

Registered users can edit their North Dakota Department of Health account information, includingcontact preferences, at any time from their “My Account”account management page which you can find athttps://livebetternd.com/profile. We may, from time to time, send you e-mailregarding our products and services and third party products and servicesthat may be of interest to you. You will have the opportunity to opt out ofany further mailings at any time; provided, however, that we reserve theright to send you certain communications relating to the Services, such as(a) communications related to fulfilling a transaction, (b) serviceannouncements, (c) notices regarding North Dakota Department of Health’s legal terms andthis Privacy Policy; and (d) administrative messages, which are consideredpart of your North Dakota Department of Health account. You will not have the opportunity toopt-out of receiving such notices.

You can delete your North Dakota Department of Health registered account by requesting anaccount deletion via email to support@livebetternd.com. You must provide uswith the email address of the registered account. After we have confirmedyour request via email, we will remove access to your personal informationfrom our user database.

We limit access to personal information about you to our employees andagents who we believe reasonably need to come into contact with thatinformation to provide products or services to you or in order to do theirjobs. Your information is stored on our servers located in the UnitedStates. We treat data as an asset that must be protected and use many tools(encryption, passwords, physical security, etc.) to protect your personalinformation against unauthorized access and disclosure. However, thirdparties may unlawfully intercept or access transmissions or privatecommunications, and other users may abuse or misuse your personalinformation that they collect from the site. Therefore, although we workvery hard to protect your privacy, we do not promise, and you should notexpect, that your personal information or private communications willalways remain private. Because email and instant messaging are notrecognized as secure communications, we request that you not send privateinformation to us by email or instant messaging services.

This Privacy Policy only addresses the use and disclosure of information wecollect from you. This policy does not apply to the practices of companiesthat North Dakota Department of Health does not own or control or to people that North Dakota Department of Healthdoes not employ or manage. The Services may include applications, contentand/or ads from third parties that may perform user activity tracking inaddition to that described herein; North Dakota Department of Health accepts no responsibilityfor said activities. North Dakota Department of Health does not control the privacy policies ofthird parties, and you are subject to the privacy policies of those thirdparties where applicable. We encourage you to ask questions before youdisclose your personal information to others. For more information abouteach such third party, please refer to the third party’s privacypolicy.

We may amend this Privacy Policy at any time by posting the amended termson the Website. All amended terms automatically take effect immediatelyupon being posted. In addition, we will notify you about significantchanges in the way we treat personal information by sending a notice to theprimary email address specified in your North Dakota Department of Health account or by placinga prominent notice on our site. If you do not agree to the changes, you mayterminate your account by requesting an account deletion via email tosupport@livebetternd.com. You must provide us with the email address of theregistered account.

North Dakota Department of Health is intended for general audiences. North Dakota Department of Health does notcollect or maintain information from those that North Dakota Department of Health knows areunder 13, and no part of the North Dakota Department of Health Services are targeted to attractanyone under 13.

If you are a California resident, in addition to the rights set forthabove, you have the right to request information from us regarding themanner in which we share certain categories of your personal informationwith third parties, for the third parties’ direct marketing purposes.California law provides that you have the right to submit a request to usat the designated address and receive the following information: thecategories of information we disclosed to third parties for the thirdparties direct marketing purposes during the preceding calendar year, thenames and addresses of third parties that received such information, and ifthe nature of a third party’s business cannot be reasonablydetermined from the third party’s name, examples of the products orservices marketed.

You are entitled to receive a copy of this information in a standardizedformat and the information will not be specific to you individually. Ourdesignated email address for such requests is support@livebetternd.com