Please read the following information carefully. It describes the terms and conditions under which you may use the DiabetesConsult.com Web site. If you continue to visit and use DiabetesConsult.com, your use will indicate that you agree to be bound by the terms and conditions described below.

DISCLAIMER OF ENDORSEMENT

References to specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise do not constitute or imply endorsement, recommendation, or favoring by DiabetesConsult.com. Views and opinions expressed in this website do not necessarily reflect those of DiabetesConsult.com and shall not be used to advertise or endorse products.

DISCLAIMER OF LIABILITY

Neither DiabetesConsult.com nor any of its employees or documents on this website makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

OWNERSHIP

Documents or other material published on this Web site are the property of DiabetesConsult.com and are protected by copyright under the laws of the United States and foreign laws. Such material may be copied for personal, noncommercial use only with all copyright or other proprietary notices retained. Such material may not be distributed, modified, sold, reproduced, reprinted, or posted to a Web site without the prior, written approval of DiabetesConsult.com.

INFORMATION ON DIABETESCONSULT.COM IS NOT MEDICAL ADVICE ONLY MEDICAL INFORMATION.

Material placed on this Web site by DiabetesConsult.com is to provide information only. It is not intended as the practice of medicine or the provision of medical services. This site does not provide medical advice. We believe this information to be accurate when it is first provided because medical information changes rapidly; DiabetesConsult.com makes no representation, express or implied, as to the accuracy, completeness, or timeliness of the information. The content provided by DiabetesConsult.com is not meant to be a substitute for medical advice, diagnosis, or treatment. Always consult your provider or other healthcare professional with any question regarding any medical or mental health condition.

It would help if you did not rely on the DiabetesConsult.com Web site or e-mails sent to DiabetesConsult.com for help in emergencies. Time does not permit DiabetesConsult.com staff to review postings daily or answer all questions posted on the Discussion Boards or e-mailed to the DiabetesConsult.com Web site. Always consult your provider or other healthcare professional with any question regarding any medical or mental health condition.

WARRANTY DISCLAIMER

This site, including any content or information contained within it or any service related to this site, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for using this site, any services related to the site, or any Websites for which this site provides links. No oral or written information or advice is given by DiabetesConsult.com or by anyone working for or on behalf of DiabetesConsult.com shall take precedence over this warranty. In no event will DiabetesConsult.com be liable to you or anyone else for any decision made or action taken in reliance upon the information provided on this Web site.

LIMITATION OF LIABILITY

Use of this site is entirely at your own risk, and in no way shall DiabetesConsult.com be liable for any direct, indirect, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or related to this site and/or content or information provided herein. A user’s sole and exclusive remedy for dissatisfaction with the site is to stop using it.

LINKS TO OTHER SITES; ENDORSEMENTS

DiabetesConsult.com does not endorse or control any information, products, or services on this Web site or the Internet. DiabetesConsult.com site provides links to other non-DiabetesConsult.com sites. DiabetesConsult.com has no control over these sites and makes no representations about the accuracy of the information they contain. DiabetesConsult.com links to another site do not mean that DiabetesConsult.com endorses or accepts any responsibility for that site’s content. If you choose to access any site for which DiabetesConsult.com provides a link, you do so at your own risk.

NOTICE

To assure the integrity of information on this server, we reserve the right to monitor system access if malicious actions are taken to disable our on-line services or intentionally gain unauthorized access to DiabetesConsult.com.

The advice provided by DiabetesConsult.com is encouraged to be shared with your personal physician to optimize diabetic care. We do not prescribe any medications. We do not claim to replace your personal doctor. For any medical emergency, contact the emergency department of the nearest hospital or call your personal physician.

Please do not use DiabetesConsult.com if your medical condition requires immediate medical treatment. Please contact your local physician or hospital emergency room in such cases. If you are not sure, contact your physician or hospital emergency room, or other urgent care centers. In such cases, a physical examination by a doctor is needed. Please do not use such a service while making critical health decisions. Patients with unstable mental disorders should be evaluated by the local doctor and should not use online advice such as our service.

COPYRIGHT AND TERMS OF USE

Thank you for visiting DiabetesConsult.com. For you to have a safe, pleasurable visit, we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site, you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the Site’s use at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

PRIVACY POLICY

HIPAA

DiabetesConsult.com is committed to protecting your privacy. To fulfill this commitment, we observe and comply with all HIPPA privacy mandates. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is legislation enacted by the federal government, which along with other compliance requirements, defines guidelines for enhanced privacy and security of patient and member personal health information. Adherence to these guidelines ensures complete confidentiality and privacy protection for all our members.

We follow rigid procedures for our customers’ confidentiality protection, especially the confidential nature of our members’ protected health information (PHI). We comply with the privacy requirements of HIPAA, as well as other laws aimed at safeguarding privacy. We also have our own privacy policies and procedures in place.

WHAT DOES HIPAA PRIVACY PROTECT?

HIPAA specifically addresses protecting the privacy of protected health information (PHI). As part of the HIPAA regulations, the government has established controls, which will limit how, when, and where protected health information is shared.

WHAT IS PHI?

Medical information and demographic information about you that we collect as part of administering your health care benefits are “Protected Health Information” or PHI. PHI contains “individually identifiable health information.” This includes health care information and demographic details such as an individual’s address, gender, Social Security number, or date-of-birth. Insurance applications with medical histories, for example, contain individually identifiable health information. PHI is individually identifiable health information communicated in any form-electronic, written, or spoken.

INFORMATION WE COLLECT

We recognize your right to confidentiality and are committed to protecting your privacy. We use the information that we collect on our site to provide you with our service’s superior experience.

Agents – We may agree with other companies or individuals to perform functions on our behalf. These functions may include sending promotional e-mails on our behalf to such companies’ customers, serving advertisements on our behalf, analyzing data, providing marketing assistance, processing credit card payments, and fulfilling and delivering orders. These companies and individuals will have access to the information necessary to perform their functions. They will not be allowed to use the information for any other purpose and will be bound to the terms of our privacy policy. We may share non-personal, summary, or aggregate customer data with partners and other third parties. Business Transfers – We may buy or sell stores or assets. In such transactions, customer information is usually treated as one of the transferred business assets. Should DiabetesConsult.com or substantially all of its assets be sold, customer information will be one of the transferred business assets.

SECURITY

When you pay online, your personal information and credit card information are encrypted using SSL encryption technology before being sent over the Internet, making it virtually impossible for your information to be stolen or intercepted while being transferred toDiabetesConsult.com. Your credit card information is always stored in encrypted form in a database away from our Web site database, so it isn’t connected to the Internet and is therefore safe from hackers. For maximum security, we use third-party security software SSL.

COOKIES

To personalize your experience at DiabetesConsult.com, we may use a feature on your Internet browser called a cookie. Cookies are small files that your Web browser places on your computer’s hard drive. We use cookies to let us know that you are a prior customer and retrieve certain information previously provided to us not to re-enter this information every time you shop at the site. Cookies also let us know how you found us (e.g., through a particular website or advertisement). Cookies are not used to access information entered on the secure server. This information can only be accessed when you enter your name and password. If you choose to configure your browser to remove or reject DiabetesConsult.com cookies, you will not be able to make purchases from the DiabetesConsult.com site.

WEB BEACONS

We may also contract with third-party companies from time to time to help us better provide relevant products and services to you. Some of these companies use Web beacons (also known as action tags or single-pixel gifs). A Web beacon is a transparent image placed on a Web page and sends a signal when a user has visited that page. A Web beacon does not contain any personal information.

UNSOLICITED E-MAIL (SPAM)

Your privacy is essential to us. Be assured that, by our Privacy Policy, DiabetesConsult.com does not sell or distribute our customer list to third parties. You should be aware. However, unscrupulous marketers can sometimes ‘harvest’ your email address directly from your computer or another person’s address book or even obtain your email address through programs that automatically search web pages and email traffic for email addresses. Please note that all email originates from DiabetesConsult.com will display the theDiabetesConsult.com logo (HTML emails) or contain the theDiabetesConsult.com copyright notice (text emails). If you receive an unsolicited email that you believe is connected withDiabetesConsult.com in any way, please forward the e-mail (as an enclosure) to info@DiabetesConsult.com, and we will investigate.

CONSENT

Using our Web site, you consent to collecting, using, and disclosing information by DiabetesConsult.com and the terms of this privacy policy. If we ever change our privacy policy, we will post any changes on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it. If we were to make a material change to our privacy policy, we will either post a notice on our Web site or send you an e-mail.

We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the Site’s use at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

ELECTRONIC COMMUNICATION

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

ACCOUNT OBLIGATION

In consideration of your use of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy. You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the password and account’s confidentiality and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface we provide for accessing the Site.

SITE CONTENT

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, the use of any software Content shall be governed by the software license agreement accompanying such software, if any.

COLOR/PRODUCT DESCRIPTION

We have made every effort to display our products’ colors that appear at the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible.

However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a Site’s product is not described, your sole remedy is to return it in unused condition.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

OUR RIGHTS

We may elect to monitor areas of the Site electronically and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. Also, we reserve the right to limit quantities of items purchased by each customer.

LINKS TO THIRD PARTY SITES

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

SUBMISSION

We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post reviews of products or services, comments, suggestions, or other material (“Submissions”) so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. DiabetesConsult.com reserves the right (but not the obligation) to monitor, edit, and remove any Submission but does not regularly review posted Submissions. By posting or sending us any Submission, you grant DiabetesConsult.com, and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grantDiabetesConsult.com and its subsidiaries the right to use the name you submit in connection with such Submission. By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission that the content you provide is accurate. That use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify DiabetesConsult.com, inc. And its subsidiaries against all claims and liabilities resulting from your Submission. DiabetesConsult.com does not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, at our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in terms of Use are for convenience only and have no legal or contractual effect.

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