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Terms of Use

This Terms of Use Agreement sets forth the standards of use of the GlucoBalance application. By using the website, you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications will take effect immediately once they are posted on the website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

GlucoBalance provides Member with AppStore GlucoBalance software for tracking and managing blood glucose levels.  The application does not provide medical advice and the Member is responsible for working their medical professionals for any changes to their diabetes regimen.  The GlucoBalance application can be integrated with Apple HealthKit functionality to: 1) read and display Member step count and 2) read and write blood glucose readings to HealthKit.

2. Disclaimer of Warranties

GlucoBalance provides the site on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, GlucoBalance makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. GlucoBalance shall have no liability for any interruptions in the use of this Website. GlucoBalance disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

GlucoBalance shall not be liable for any damages whatsoever, and in particular GlucoBalance shall not be liable for any special, indirect,  consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising our of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if GlucoBalance has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above imitations is inapplicable.

The information and utilities provided on this site 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 GlucoBalance service does not promote or recommend any particular form of medical treatment. GlucoBalance 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.

4. Indemnification

Member agrees to indemnify and hold GlucoBalance, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

GlucoBalance reserves the right to modify or discontinue the Service with or without notice to the Member. GlucoBalance shall not be liable to Member or any third party should GlucoBalance exercise its right to modify or discontinue the Service. Member acknowledges and accepts that GlucoBalance does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

7. Governing Jurisdiction of the Courts of New York

Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York.

8. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright © 2017, with all rights reserved, or is the property of GlucoBalance and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GlucoBalance is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of GlucoBalance.

10. Rights of Use

This site may only be used for it intended purposes. Any attempt to use the site to send spam will result in your membership being terminated without a refund. Also you will also be liable for any damages including any perceived damage to our brand. Any attempt to hack the site or allowing others to use your account to hack the site will result in your membership being terminated without a refund. Your membership can be terminated without refund for publicly posting your username and password. Any violation of the above Terms or acts we feel are damaging to our site can result is your membership being terminated without refund.

11. Sale of Company

We reserve the right to sell the company at any time. The sale of the company will not affect the length of the currently paid memberships.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by GlucoBalance, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.

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