a) OneTouch Reveal® app, including application contents, such as text, graphics, images, and information obtained from OneTouch Reveal® app and its licensors, is not intended to be used or viewed as providing medical advice, or as a substitute for consultation with a healthcare provider. The Application is intended to help individuals with their diabetes management. It is intended for use only with those blood glucose meters, insulin pumps, and insulin pumps with integrated continuous glucose monitoring that are listed within this Application or in your User Manual: OneTouchReveal.com/mobile-support/en_US. The information provided by OneTouch Reveal® app cannot be the basis for diagnosis of any medical condition or therapy. Individuals are advised to ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. THIS APPLICATION IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. Individuals are further advised to never disregard professional medical advice or delay in seeking it because of something they have read or learned from OneTouch Reveal® app.
b) Educational materials provided as part of the Application have been developed by qualified professionals and are intended to assist individuals in understanding their health. Reliance on any information provided by OneTouch Reveal® app or contributors to the Application is solely at your own risk. Application Owner assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, ideas, or advice contained in the materials provided. Application Owner reserves the right to change or discontinue at any time any aspect or feature of the Application.
Ownership and Use of the Application
You may not copy, change or reuse the Application, any updates to it or any part of them including the software incorporated in it.
In addition, you agree not to: (i) use this Application in any manner that could disable, overburden, damage, or impair this Application, or interfere with any other use of this Application, including, any user's ability to engage in real-time activities through this Application; (ii) use any robot, spider or other automatic device, process or means to access this Application for any purpose, including to scrape, data mine, monitor or copy any of the material on this Application; (iii) use any manual process to monitor or copy any of the material on this Application, or to engage in any other unauthorized purpose without the express prior written consent of Application Owner; (iv) otherwise use any device, software or routine that interferes with the proper working of this Application; or (v) otherwise attempt to interfere with the proper working of this Application.
We reserve all rights not expressly granted to you.
Your Account and Password
When you first register to use the Application you may be prompted to create a password. You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else's password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else's password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
The trademarks and brand names displayed on this Application are the property of Application Owner or third party owners. The content is protected by copyright under applicable laws, and title to the content shall not pass to you or any other user. Unauthorized use of the content may violate copyright, trademark, and other laws. None of the content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent. You may not use or display any trademarks or Application marks owned or licensed by Application Owner without our prior written consent.
Privacy and Consent to Use Data
Limitations of Liability
Application Owner assumes no liability for, and you shall not seek to hold Application Owner accountable for, any delay, failure, interruption, corruption or inaccuracy of any data or other information transmitted or made available in connection with use of OneTouch Reveal® app, including any data or other information transmitted or made available to any healthcare providers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL APPLICATION OWNER 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 APPLICATION; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR APPLICATIONS; (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 APPLICATION; (5) THE ACTS OR OMISSIONS OF ANY HEALTHCARE PROVIDER WITH RESPECT TO THE ACCESS OR REVIEW OF, OR FAILURE TO ACCESS OR REVIEW, YOUR DATA OR OTHER INFORMATION; OR (6) ANY OTHER MATTER RELATING TO THE APPLICATION. THESE LIMITATIONS WILL APPLY WHETHER OR NOT APPLICATION OWNER 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.
The information communicated on the Application constitutes an electronic communication. When you communicate with us through the Application 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.
Disclaimer of Warranties
THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, INCLUDING AS DESCRIBED IN THE FOLLOWING: WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, ACCURACY, QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANTY AGAINST INTERFERENCE WITH YOUR USE OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY OR CONDITION. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
This Application is intended for and directed to residents of the United States. This Application is not intended for anyone under the age of 18 in the jurisdiction in which an individual resides.
Storage of User Content
We may impose a maximum amount of storage for User Content on the Application. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications or other User Content associated with maintaining the maximum amount of storage.
Modification or Suspension
Application content is subject to change without notice at the discretion of Application Owner and Application Owner reserves complete discretion with respect to the operation of the Application, including discretion to discontinue or amend the Application or any functionality or feature of the Application. You are responsible for ensuring you maintain copies of any of your data.
Any third party code that may be incorporated in the Application is covered by the applicable open source or third party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). You agree to comply with all applicable laws related to use of the Application. Standard carrier data charges may apply to your use of the Application.
We will make reasonable efforts to make the Application available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Application 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.
Third Party Links
Severability of Agreement
All Sections shall survive the termination of the right to use the Application.
Applicable Law and Jurisdiction
Version Number: 3.0