ADCCare.com Terms and Conditions
Thank you for visiting the ADC Diabetic Care web site (the “Web Site”). The Web Site is offered to you, the user, by ADC Diabetic Care and its affiliates (“we”, “us” or “ADC”) conditioned upon your acceptance, without modification, of the terms and conditions contained herein (the "Terms and Conditions"). By using this Web Site, you are indicating your agreement with these Terms and Conditions. Therefore, please read these Terms and Conditions carefully.
We reserve the right to revise, amend and modify these Terms and Conditions at any time and at our discretion. Your continued use of this Web Site indicates that you accept any changes that we have made to these Terms and Conditions.
Your use of the Web Site, including storage of information, if any, is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material obtained through the a Web Site. ADC does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of the Web Site. Statements made in conferences and chats reflect only the views of their authors. Advice received via the Web Site should not be relied upon for important personal, and you should consult an appropriate professional for specific advice tailored to your situation.
NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS, OR ANY OF OUR SPONSORS, SUPPLIERS, PARTNERS, OR OTHER ASSOCIATED THIRD PARTIES WARRANT AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF THE WEB SITE; WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE; OR WARRANT AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
NO VERBAL OR WRITTEN COMMUNICATION FROM US SHALL CREATE A WARRANTY UNLESS AND TO THE EXTENT THAT WE EXPRESSLY PROVIDE.
Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
The provisions of this Section 1 represent a reasonable allocation of the risks under these Terms and Conditions. Our willingness to allow you to use the Web Site reflects this allocation of risk and the limitations of liability specified herein.
Medical Information Disclaimers
All information or content found on this cite that relates to medicine, health, diabetes, pharmaceuticals, treatment options, etc. is for informational and educational purposes only and is not intended to serve as a substitute for the advice of your health care professional or physician. You should not use the information or content found on this site for diagnosing a health condition or for prescribing a particular medication or treatment. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness or completeness of such information nor do we undertake to update or correct such information.
WE ARE NOT RESPONSIBLE FOR NOR DO WE REVIEW ANY INFORMATION PROVIDED BY OTHER USERS THAT IS MADE AVAILABLE THROUGH THIS WEB SITE, DIRECTLY OR INDIRECTLY. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF THAT INFORMATION. YOU SHOULD NOT USE THE INFORMATION COMMUNICATED TO YOU THROUGH THIS WEBSITE FOR DIAGNOSING A HEALTH CONDITION OR FOR PRESCRIBING A PARTICULAR MEDICATION OR TREATMENT.
Although we may provide a forum for discussion on medical and pharmaceutical related topics, we are neither directly or indirectly engaged in the practice of medicine. YOU ACKNOWLEDGE THAT WE, OUR CONTENT AND INFORMATION PROVIDERS, AND OUR SUPPLIERS ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE
Limitation of Liability
IN NO EVENT WILL WE, OR ANY OTHER PARTY EMPLOYED OR INVOLVED IN THE DESIGN OR OPERATION OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO CONTENT AND INFORMATION PROVIDERS, SUPPLIERS AND DESIGNERS, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA, GOODWILL, PROFITS, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO YOUR USE, OR INABILITY TO USE, THIS WEB SITE, EVEN IF WE OR ANY OF THE OTHER ABOVE-INDICATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL, CUMULATIVE LIABILITY IN CONNECTION WITH THIS WEB SITE SHALL NOT EXCEED ANY AMOUNT PAID TO US HEREUNDER.
Intellectual Property Rights
Except for items in the public domain, all news stories, information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Web Site (the “Work”), are wholly owned by (or licensed to) ADC and/or its content providers. Except for your non-commercial personal use, the Work may not be sold, reproduced, published, or redistributed in any medium, directly or indirectly, in whole or in part, for any commercial or non-commercial purpose, or used for advertising or any other purpose without ADC’s prior written consent
The Web Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of Web Site is copyrighted under the United States copyright laws. ADC owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content.
ADC Diabetic Care is our service mark
All other trademarks, service marks, registered names or logos, or other intellectual property appearing on this Web Site is the property of the respective owner.
You agree to indemnify and hold us and our suppliers, information and content providers, Internet services providers, and our officers, directors, employees and agents (each an "Indemnified Party") harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively "Losses") related to or arising out of any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret or other intellectual property right related to your use of this Web Site or related to or in connection with these Terms and Conditions. You agree that you will reimburse such Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees, incurred by such Indemnified Party in connection with defending or settling any Loss. You also agree to indemnify and hold harmless an Indemnified Party against any Losses arising out of or relating to your use of this Web Site, these Terms and Conditions, or your negligent or wrongful conduct. You agree that you will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees, incurred by such indemnified party in connection with defending or settling any such Loss.
Content Provided by You
With respect to Content appearing on the Web Site, we reserve the right (but not the obligation) to take any action with respect to such Content if we believe that such Content may create liability for us or may cause us to lose the services of our any of our suppliers. You agree that the Content you distribute or provide through this Web Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libelous; (d) shall not be shall not be threatening, harmful, defamatory, obscene, profane, sexually explicit, fraudulent, harassing or contain child pornography; (e) shall not contain any viruses other computer programs that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) shall not involve the distribution of unsolicited commercial messages ("spam"); or (g) shall not take any other action which imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that, with respect to Content that you provide to us in order for us to be able to fill orders, ship orders, and submit claims for payment to you or to third party payers, all such information is and will be true, accurate and complete, and that you will notify us of a change in such information at your earliest practicable opportunity.
To the extent that we make hyperlinks to other web sites available to you through this Web Site, you understand that we do not necessarily review such linked web sites, we are not responsible for the content of any linked web sites or any other web sites accessible from a linked web site, and that we do not endorse the content, products, services or the performance of all of the linked web sites.
Privacy and Confidentiality
You are responsible for maintaining the confidentiality of your password and account. You agree to notify us in the event your password and/or account are used by someone without your authorization.
Control of Account
We shall have the right, but not the obligation to, among other things, (a) monitor conferences and chats and authorize restrictions on access thereto, (b) make available to third parties information relating to the Web Site and its subscribers, and (c) withdraw, suspend or discontinue any functionality or feature of the Web Site. Furthermore, we reserve the right, with or without notice to you, to change any of the services offered on the Web Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, vendors and/or other services. Any rights not expressly granted in these Terms and Conditions are hereby reserved by us.
Right to Purchase
By using this Web Site to purchase items, you represent and warrant that you possess the legal right and ability to enter to enter into such agreement and that you are at least 18 years of age.
Modification of Terms and Conditions
THIS AGREEMENT MAY BE CHANGED OR MODIFIED FROM TIME TO TIME BY ADC. NOTICE OF SUCH CHANGES MAY BE GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON THE WEB SITE, BY MAIL (INCLUDING, WITHOUT LIMITATION, E-MAIL), OR BY ANY OTHER MEANS BY WHICH SUBSCRIBER OBTAINS NOTICE THEREOF. YOUR USE OF ANY OF THE SERVICES FOLLOWING THE IMPLEMENTATION OF ANY SUCH CHANGES OR MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES AND/OR MODIFICATIONS.
These terms and conditions will be governed by the laws of the State of Florida without reference to its choice of law provisions. Any action or proceeding arising from or relating to these terms and conditions must be brought in a federal court in the Southern District of Florida or in state court in Broward County, Florida, and you irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding.
We may terminate your use of and/or access to this Web Site immediately and without notice if you: (a) breach these Terms and Conditions; (b) infringe ours or a third party’s intellectual property rights; (c) violate any law or harm the interests of us, a third party or another user; (d) use inappropriate language (as described in Section 6) in your correspondence with or communication through this Web Site; or (e) if we are unable to verify or authenticate any information you provide to us. Our termination of your use of and/or access to this Web Site will involve our deactivation of your account and password and the deletion of all information contained in your account.
You understand that we may terminate your account for any reason whatsoever, and you agree that under no circumstances shall we be liable to you if we terminate your account. You may terminate these Terms and Conditions by ceasing to use the services provided to you through this Web Site.