Terms of Use

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LIFESCAN INSTITUTE, LLC, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT LIFESCAN INSTITUTE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

Indemnification

You agree to indemnify and hold harmless LifeScan Institute, LLC and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Website including without limitation transmission or placement of information or material by you on this Website; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.

Ownership

You understand that the Website is available for your personal, non-commercial use only. You agree that the Website is the property of the LifeScan Institute, LLC; including all intellectual property rights in it and that you have no right to use them other than as set out in these Terms of Use. You may not copy, change or reuse the Website, any updates to them or any part of them including the software incorporated in them. You may use this Website only for lawful purposes and in accordance with these Terms of Use.

You are granted a nonexclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of LifeScan Institute, LLC. In addition, you agree not to use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, any user's ability to engage in real-time activities through this Website. We reserve all rights not expressly granted to you.

Additional Terms

Additional terms may govern certain features or content on the Website, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity on the Website governed by additional terms, such as a prize draw, competition, contest or sweepstakes with Official Rules, you agree that you will be subject to those additional terms in addition to these Terms of Use.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Trademark Notices

The trademarks and brand names displayed on this Website are the property of LifeScan Institute, LLC, its affiliates or third-party owners. You may not use or display any trademarks or service marks owned by LifeScan Institute, LLC without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.

Modification or Suspension of the Website

We will make reasonable efforts to make the Website available, but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Website or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.

Termination

We may at any time terminate your use of or access to the Website and may delete any or all of your User Content without prior notice if we have a good reason to do so which includes any breach by you of these Terms of Use. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website in these circumstances. In the event of any termination you must stop using the Website and you agree that the provisions of the Agreement regarding Ownership, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

Links to Third Party Sites

This Website may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of LifeScan Institute, LLC. Your use of such third-party websites is subject to the terms of use and the privacy policies of such websites.

Modifications to these Terms

We may make changes to the Terms of Use from time to time in our sole discretion, by updating these Terms of Use on this Website, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.

Contact Information

If you have any questions or concerns with respect to these Terms of Use or the Website, you may contact us as identified in the Privacy Policy or the “Contact Us” section of this Website.

Severability of Agreement

Should any part or provision of these Terms of Use be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Survival

All Sections shall survive the termination of the right to use the Website.

Applicable Law and Jurisdiction

The information on the Website is intended only for use by healthcare professionals Worldwide. Certain countries may have laws, regulatory requirements, or medical practices that differ from those in the United States. The Agreement shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.