 |
|||||||||||
 |
|
|
|
|
|
|
|
|
|
|
|
GlucoPhone.com
Terms and
Conditions
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
GlucoPhone.com may revise and update these Terms and Conditions at any time.
Your
continued usage of the GlucoPhone.com website ("GlucoPhone.com Site"
or the "Site") will mean you accept those changes.
INDEX
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
LIABILITY OF GlucoPhone.com AND ITS LICENSORS
GlucoPhone.com SUBCRIPTION SERVICES
JAVA¢â and SYSTEMS
REQUIREMENTS
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the GlucoPhone.com Site, such as text, graphics, images, information obtained from GlucoPhone.com's licensors, and other material contained on the GlucoPhone.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the GlucoPhone.com Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. GlucoPhone.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by GlucoPhone.com, GlucoPhone.com employees, others appearing on the Site at the invitation of GlucoPhone.com, or other visitors to the Site is solely at your own risk.
The Site may contain health- or
medical-related materials that are sexually explicit. If you find these materials
offensive, you may not want to use our Site.
We are committed to protecting
the privacy of children. You should be aware that this Site is not intended or
designed to attract children under the age of 13. We do not collect personally
identifiable information from any person we actually know is a child under the
age of 13.
GlucoPhone.com authorizes you to view or download a single copy of the material on the GlucoPhone.com Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2006-2007, GlucoPhone.com All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the GlucoPhone.com Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF GlucoPhone.com AND ITS LICENSORS.
The use of the GlucoPhone.com Site and the Content is at your own risk.
When using the GlucoPhone.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of GlucoPhone.com and its suppliers. Accordingly, GlucoPhone.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the GlucoPhone.com Site.
The GlucoPhone.com Site and the content are provided on an "as is" basis. GlucoPhone.com, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, GlucoPhone.com, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, modernity or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the GlucoPhone.com Site or GlucoPhone.com
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the GlucoPhone.com Site.
In no event shall GlucoPhone.com, its licensors, its suppliers, or any third parties mentioned on the GlucoPhone.com Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the GlucoPhone.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not GlucoPhone.com, its licensors, its suppliers, or any third parties mentioned on the GlucoPhone.com Site are advised of the possibility of such damages. GlucoPhone.com, its licensors, its suppliers, or any third parties mentioned on the GlucoPhone.com Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. GlucoPhone.com, its licensors, its suppliers, or any third parties mentioned on the GlucoPhone.com Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The personal information you submit to GlucoPhone.com is governed by the GlucoPhone.com Privacy Policy. To the extent there is an inconsistency between this Agreement and the GlucoPhone.com Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to GlucoPhone.com by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to GlucoPhone.com by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to GlucoPhone.com by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—GlucoPhone.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. GlucoPhone.com may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to GlucoPhone.com by email. We try to answer every email in a timely manner, but are not always able to do so.
GlucoPhone.com has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your GlucoPhone.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your GlucoPhone.com account and password; (3) promptly inform GlucoPhone.com of any need to deactivate a password. You grant GlucoPhone.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. GlucoPhone.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using GlucoPhone.com tools and services.
GlucoPhone.com SUBSCRIPTION SERVICES
If you choose to subscribe to one of GlucoPhone.com's subscription services, such as the GlucoPhone.com Reorder Notification (collectively, the "Subscription Services"), the following additional terms and conditions will apply depending on which service you choose. You should be aware that the GlucoPhone.com Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a
valid credit card number at the time you register for a Subscription Service.
You represent and warrant that you are an authorized user of such credit card,
and you agree to pay all charges resulting from your Subscription Service
account at the prices then in effect, including any unauthorized charges
incurred prior to your notifying GlucoPhone.com of such charges. You agree that
GlucoPhone.com may pass your credit card information and related personally
identifiable information to its designated service provider(s) for their use in
charging you for appropriate services utilized through your Subscription
Service. All Subscription Service charges are exclusive of sales or other taxes
and you are responsible for payment of any applicable state, local and city
taxes. GlucoPhone.com reserves the right to modify or terminate membership
plans, change prices, or institute new charges for any Subscription Service at
any
MEMBERSHIP TERM AND PRICING: With the exception of trial
memberships and special offers, your membership term is determined by the level
of membership you choose. Unless specified otherwise on the GlucoPhone.com
site, each membership is automatically renewed following the initial term on a
yearly basis until notice of cancellation is received by GlucoPhone.com. Each GlucoPhone.com member automatically
receives a subscription to the GlucoPhone.com newsletters based on the profile
submitted.
CANCELLATION: Membership subscription is with a term of a year. Within the email we will include instructions on how to cancel by referring them to the Terms of Use. Once their card is billed, there will be no refund. The email notification will also provide instructions on how to change billing information within the user's account in the event that such information has been changed.
CONTACT
JAVA(TM) and System Requirements: You have to use a
GlucoPhone.com recommended version of Operating System, Internet Browser and
any other required softwares to access the Licensed Materials.
1. Windows
98, ME, NT, 2000, XP, or 2003, Mac OS X 10.3 or higher
2. Java
Runtime Engine Version 1.4.2 or higher (from Sun Microsystems or Apple)
(Available at http://java.com/en/download/index.jsp)
3. 128 MB RAM minimum
(256MB preferred)
4. 56k
modem or faster, and reliable Internet service (High Speed Internet preferred)
5. For
Windows: Internet Explorer 6.0 or higher is Required.
For Mac: FireFox 1.5 or higher, Safari 1.0 or higher
(Cookies & JavaScript must be enabled)
6. Monitor
resolution - 1024x768 or higher
7. Pentium
III 800 Mhz or faster ( Pentium IV 1.5 Ghz preferred) , G4 processor 700 Mhz or
faster (1.2 Ghz preferred)
We do not support any
other browsers like Netscape, AOL, Opera etc and any other operating system
environments like Unix, Linux etc. Trying to log-in from unsupported browsers,
non supported computers, accessing the contents of courses by disabling
scripting internet options is a violation of the terms and conditions of this
Agreement.
Software Use Terms: The
GlucoPhone.com is designed to work with Java Runtime Engine (JRE) 1.4.2 or
higher. Any attempt to use the GlucoPhone.com with lower versions of JRE
constitutes violation of the terms and conditions of this Agreement, and might
result in unexpected behavior, for which GlucoPhone.com cannot be held
responsible or liable for any damages.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
GlucoPhone.com may provide links to third-party web sites. GlucoPhone.com also may select certain sites as priority responses to search terms you enter and GlucoPhone.com may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. GlucoPhone.com does not recommend and does not endorse the content on any third-party websites. GlucoPhone.com is not responsible for the content of linked third-party sites, sites framed within the GlucoPhone.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. GlucoPhone.com does not endorse any product advertised on the GlucoPhone.com Site.
You agree to defend, indemnify, and hold GlucoPhone.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GlucoPhone.com is based in
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive
jurisdiction for any dispute with GlucoPhone.com, or in any way relating to
your use of the GlucoPhone.com Site, resides in the courts of the State of New
Jersey and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of Georgia in connection with any such
dispute including any claim involving GlucoPhone.com or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers, and content providers.
These Terms and Conditions are
governed by the internal substantive laws of the State of
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting GlucoPhone.com's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
GlucoPhone.com's agent for copyright issues relating to this web site is as follows:
GlucoPhone.com
Attn: Office of Privacy
copyright@HealthPia.us
Or call: 888-848-8933
In an effort to protect the rights of copyright owners, GlucoPhone.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Except as expressly provided in a particular "legal notice" on the GlucoPhone.com Site, these Terms and Conditions and the GlucoPhone.com Privacy Policy and Agreement constitute the entire agreement between you and GlucoPhone.com with respect to the use of the GlucoPhone.com Site, and Content.
Thank you for your cooperation. We hope you find the GlucoPhone.com
Site helpful and convenient to use! Questions or comments regarding this
website, including any reports of non-functioning links, should be submitted
using our Contact Us Mail
Service or via U.S. mail to GlucoPhone.com Office of Privacy at
User ID and Password:
GlucoPhone.com requires the use of a User ID and Password as a security measure that helps protect your confidential information. This allows GlucoPhone.com to verify who you are, thereby allowing you access to your account information and preventing unauthorized entries. When you have finished using GlucoPhone.com, make sure you always log out and close your browser window.
You should be aware that browser software often "caches" a page as you look at it, meaning that some pages are saved in your computer's temporary memory. Therefore, you may find that clicking on your browser's "Back" button shows you a saved version of a previously viewed page. While caching is common on most Internet sites, GlucoPhone.com does not cache your pages. Caching in no way affects the security of your confidential User ID or Password. If you use a computer in a public place to access your account information, simply quit or exit the browser software before leaving to remove the possibility of anyone else viewing your confidential information.
Firewalls:
GlucoPhone.com makes use of the latest technology to protect your stored information. We use firewalls at many levels to prevent unauthorized Internet users from accessing our system. All messages entering or leaving our system pass through these firewalls and are examined according to certain security criteria we have in place. If the defined criteria are not met, the message is blocked. A firewall is considered a first line of defense in protecting private information.
How You Can Protect Yourself
GlucoPhone.com can reasonably ensure that the data you store in our system is kept safe and secure. We cannot, however provide protection for your computer or the connection you make to the Internet. Here are a few steps you can take to help make sure that your computer connection remains safe from unauthorized intruders via the Internet:
Your Password: By making your password at least 4 characters long and by mixing both numbers and letters, you can help GlucoPhone.com make your password even more difficult for an unauthorized user to "guess". It is recommended that you change your password at least every 6 months.
Your Username: Your username, combined with your password, provide you access to your GlucoPhone.com member areas. Your GlucoPhone.com username should be at least six characters in length and can be letters and numbers. Keep in mind that the longer your user name is and the greater mixture of letters and numbers you use (alpha-numeric), the more difficult it will be for an unauthorized person to "guess".
Personal Firewalls: Much like the firewalls that GlucoPhone.com uses to protect your data, a personal home firewall will help protect your home computer from unauthorized access entering your computer from the Internet. There are many home computer firewall programs available.
Spyware Protection: Also called adware, spyware is any software that secretly gathers user information through the user's Internet connection without his or her knowledge, usually for advertising purposes. Spyware applications are typically bundled as a hidden component of freeware or shareware programs that can be downloaded from the Internet. Once installed, the spyware monitors your activity on the Internet, possibly including email addresses, passwords, or credit card numbers. Spyware transmits that information, in the background, to someone else who will either use it for advertising/marketing purposes or sell the information to another party. GlucoPhone.com does not endorse any specific product or service, but we have listed examples of spyware detection and removal software for your review. It should also be noted that a personal firewall may help detect and prevent spyware programs' attempts to communicate to or from your personal computer.
Lavasoft Ad-aware -
www.lavasoftusa.com/
Personal Anti-spy - http//blazingtools.com/antispy.html
Spybot S&D -
http://www.safer-networking.org/
NetCopy System Shield -
http://www.topshareware.com/NetCop-System-Shield-download-858.htm
Also, a more complete list of
downloadable anit-spyware software can be found at:
http://www.intranetjournal.com/spyware/removal.html#scansoft
Virus Protection: At the time this document was written, there were more than 2,300 known computer viruses. Every computer should have a virus detection program running in conjunction with the personal firewall software. Your local computer store can help you select a program that is right for you. GlucoPhone.com does not endorse any specific product or service, but we have listed examples of virus protection software for your review:
Symantec antivirus research center - www.symantec.com/avcenter/index.html
McAfee virus information home page - www.mcafee.com
Symantec's Virus Info Database - www.symantec.com:80/avcenter/vinfodb.html
Also, a list of downloadable virus software can be found at: cws.internet.com/virus.html
How We Use Your Personal Information
Once you've become a registered GlucoPhone.com user, we use your personal information to deliver products and services that you enroll in and to process transactions you conduct on our web site.
How We Use Your Email Address
We may use your email address to send you the following types of email messages:
- Occasional updates about our
products and services as well as GlucoPhone.com marketing offers (based on
your Opt-Out or Opt-in Preferences)
- Regularly scheduled email
newsletters you have enrolled in
- Alerts and Reminders that you
have signed up for
- Newsletters that are
appropriate per your preferences
- Service notifications related
to your account(s) and changes on our site that you should be aware of
These email messages may contain clear GIFs or web beacons to measure the offer's effectiveness so we know how to serve you better. We do not collect personally identifiable information through clear GIFs or web beacons. You may decline to receive email offers from GlucoPhone.com at any time.
We do not share your email address with other companies for them to market their products or services to you. If we hire vendors to deliver emails to you on our behalf, they cannot use your email address for any other purpose.
GlucoPhone.com does not rent, lease, sell or otherwise disclose your personally identifiable information to third parties without your consent, choice, and proper notice.
|
Copyright © 2003-2007 HealthPia America Corp. All rights reserved. Users of this site agree to be bound by the Terms and Conditions and GlucoPhone.com Privacy Policy. |