Livongo Terms of Use

Welcome to Dignity Health’s Diabetes Mellitus Management program (the “Program”).

Dignity Health has contracted with Livongo Healthcare, Inc. (“Livongo”) to bring our patients access to Livongo’s data-enabled glucose meter, supplies, and coaching and other products and services (together the “Livongo Service”). In these terms of service, “you” and “your” refer to the person accessing, using, or subscribing to the Program or the Livongo Service and “we,” “us,” or “our” refer to Dignity Health.

Your participation in the Program and use of the Livongo Service is conditioned on your agreement to, and compliance with, these terms of service (the “Terms of Service” or “TOS”) and the Livongo Terms and Conditions found at https://www.dignityhealth.org/toulivongo (the “Livongo Terms”).

The Terms of Service incorporate the Dignity Health website terms of service found at [DH TOS URL] and include all Dignity Health notices and policies linked within them, except for the Livongo Terms. The Program constitutes a Website Service under such Dignity Health website terms of service. Other Dignity Health websites and services may have their own separate terms and conditions. The Terms of Service are a contract between you and us. The Livongo Terms are a contract between you and Livongo, and we are not a party to that contract.

Please read these terms of service and the Livongo Terms and Conditions carefully. By registering for, accessing, or using the Program or Livongo Service, you are accepting all of these Terms of Service and the Livongo Terms.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OR SUBSCRIBE TO THE PROGRAM OR THE LIVONGO SERVICE.

Use of Data. You agree that we may obtain access to some or all of the data that is submitted by or collected from you in connection with your use of the Program and the Livongo Service. You hereby consent to Livongo’s provision of that data to us. For details about how medical information about you that we receive through the Program or Livongo Service may be used and disclosed by us and how you can get access to that information, see our Notice of Privacy Practices found here http://terms.dignityhealth.org/cm/content.asp?pid=4&lid=4&facility_id=2. The Livongo Terms contain other terms and conditions related to Livongo’s collection, use, and disclosure of data.

Term and Termination. Your access to the Program and Livongo Service will begin on the date you register and continue for 12 months, unless earlier terminated.

You may terminate your access to the Program and Livongo Service at any time.

We may also terminate your access to the Program and Livongo Service at any time, with or without cause, including without limitation if your physician determines that you are no longer an appropriate candidate for participation.

You agree that we have no liability for any termination of the Program or Livongo Service.

If your access to the Program or Livongo Service terminates, you must promptly return the glucose meter and other equipment and accessories you received in accordance with instructions we will provide to you.

If your access to the Program or Livongo Service terminates, this TOS will terminate except that the provisions on Use of Data, Disclaimer of Warranties, Limitations of Liability, and General Terms below will survive and remain in effect.

Changes to Service.

In addition to the termination rights above, you agree that your access to the Livongo Service may be terminated by Livongo.

Also, you acknowledge and agree that we or Livongo also may place limits on, modify, suspend or terminate the Program or Livongo Service generally, and may suspend or terminate your use of the Program or Livongo Service if you fail to comply with this TOS or the Livongo Terms. This suspension or termination may delete your information, files, and other previously available content.

Disclaimer of Warranties.

IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN THE DIGNITY HEALTH WEBSITE TERMS OF SERVICE, AS BETWEEN YOU AND US, YOU AGREE THAT THE PROGRAM AND LIVONGO SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM AND LIVONGO SERVICE, ARE BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR ANY OTHER PERSON OR ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM OR LIVONGO SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM OR LIVONGO SERVICE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NO ORAL OR WRITTEN INFORMATION OR ADVICE CONTAINED IN THE PROGRAM OR LIVONGO SERVICES OR GIVEN BY US OR ANY OTHER PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, OUR EMPLOYEES AND REPRESENTATIVES) SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

WITHOUT LIMITING THE FOREGOING, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE FOLLOWING:

The accuracy, reliability, completeness, currentness, or timeliness of content, software, text, graphics, links, or communications provided on or through the use of the Program or Livongo Service.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content made available via the Program or Livongo Service.

We do not warrant that the Program, Livongo Service, content, products (including software) or services included on or otherwise made available to you through the Program or Livongo Service, their servers or electronic communications sent from us are free of viruses, worms, trojan horses or any other harmful components. You are responsible for backing up your data on your computer hard drives so that you can reconstruct any lost data.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,

Limitation of Liability

THE DIGNITY HEALTH WEBSITE TERMS OF SERVICE LIMIT OUR LIABILITY TO YOU. YOU SHOULD READ THESE LIMITATIONS BEFORE REGISTERING FOR OR USING THE PROGRAM OR THE LIVONGO SERVICE.

YOU AGREE THAT WE HAVE NO LIABILITY TO YOU ARISING FROM OR RELATING TO THE LIVONGO SERVICE. THE LIMITATIONS ON LIABILITY IN THE DIGNITY HEALTH WEBSITE TERMS OF SERVICE APPLY TO THE PROGRAM AND THE LIVONGO SERVICE TO THE SAME EXTENT AS THEY APPLY TO THE WEBSITE SERVICES DESCRIBED IN THOSE TERMS.

CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Arbitration of Disputes

The Dignity Health website terms contain an agreement to arbitrate disputes. You agree that the arbitration provisions of the Dignity Health website terms apply to any dispute or claim relating in any way to your access to and use of the Program or Livongo Service to the same extent as they apply to Dignity Health Website Services. You should read these arbitration provisions before registering for or using the Program or Livongo Service.

Contact and Notices.

You agree that we may contact you and send you notices under this TOS to the email address you provide with your registration.

You may contact us for matters relating to this TOS [at the addresses and phone numbers listed on the Dignity Health website.]

For matters relating to the Livongo Service, you should contact Livongo directly at the address located in the Livongo Terms.