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DiabetEASE TERMS AND CONDITIONS OF USE
DiabetEASE TERMS AND CONDITIONS OF USE --------------------------------------- Copyright Notice. All pages of the DiabetEASE Inc. Website, http://www.diabetease.com Copyright © DiabetEASE Inc. All rights reserved WARRANTY LIMITATIONS 1. THE USE OF THE DiabetEASE, Inc. WEB SITE IS AT YOUR OWN RISK; 2. ACCESS TO THE WEB SITE MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE; AND 3. NEITHER DiabetEASE, Inc. NOR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE MATERIALS CONTAINED THEREIN, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE www.diabetEASE.com. TERMS AND CONDITIONS PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SERVICE. DiabetEASE Inc. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR UPON NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The DiabetEASE.com Service does not recommend the self-management of health problems, nor does the DiabetEASE.com Service promote or recommend any particular form of medical treatment. DiabetEASE Inc. and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. DiabetEASE Inc. and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read or inferred here. Information accessed through this online site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. DiabetEASE Inc. and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. DiabetEASE Inc. nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of DiabetEASE Inc. or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall DiabetEASE Inc. or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even DiabetEASE Inc. or Information Provider has been advised of the possibility of such damages. 1. Software License. By this Agreement, DiabetEASE Inc. grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by DiabetEASE Inc. and/or its Licensors. 2. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the DiabetEASE.com Service. 3. Operating Policies. You agree to comply with the Operating Policies set forth in Exhibit A which are the rules that govern user activity in connection with the DiabetEASE.com Service as they may be amended by DiabetEASE.com from time to time. Violations of the Operating Policies or other provisions of this Agreement may also result in termination or suspension of the DiabetEASE.com Service. 4. Copyright, Licenses. The entire contents of the DiabetEASE.com Service are copyrighted as a collective work under copyright law. DiabetEASE Inc. holds the copyright in the collective work. The collective work includes works which are the property of DiabetEASE Inc. Licensors which are also protected by copyright and other intellectual property laws. 5. Indemnification. You agree to indemnify, defend and hold harmless DiabetEASE Inc., its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the DiabetEASE.com Service using your DiabetEASE.com Service account. 6. Termination. This Agreement shall commence upon your accessing the DiabetEASE.com Service and/or completing the registration process. This Agreement may be terminated by DiabetEASE Inc. without notice at any time for any reason and may be terminated by you upon notice to DiabetEASE Inc. at any time for any reason. Medical Disclaimer DiabetEASE does not supply clinical treatment information or medical advice. Any advice or information that you may receive through the web site is not a substitute for personal medical care. DiabetEASE cannot and does not guarantee or warrant any of the medical or clinical information that you may receive through the web site. Any information or links on the web pages are for your convenience and the inclusion of the information or link on the web site does not imply any endorsement, guarantee, warranty or representation by DiabetEASE of the quality or accuracy of the information, products or services provided to you. If you are in need of qualified medical information or support for your medical condition, we recommend that you contact your physician for clinical care immediately. Confidential Information Any communications you send to this Internet Site or otherwise to DiabetEASE, Inc. by electronic mail are on a non-confidential basis, but DiabetEASE will refrain from reproducing, publishing or otherwise using data in any way or for any purpose while coupled with any personal identification information such as (name, userid, email addresses or other unique identifiers). DiabetEASE, Inc. shall be free to use the content of any such communications, disclosed therein, for any purpose including sales to diabetic meter manufacturers and/or marketing goods and services, provided it is not coupled with personal identification information. Privacy We will respect your privacy. All data that you send us will be kept confidential. Your personal data may be accessed only by you. However, data may be pooled into a collective database for the purpose of assessing general trends and outcomes. We will protect your privacy by removing all personal identifiers from any data that we pool into a collective database. We will not disclose to third parties any identifying data, including your name, mailing address, e-mail address or phone number. To ensure the privacy of your data, never share your username and password with anyone unless you want them to have access to your data.
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