OneTouch Reveal®

OneTouch Reveal® Terms of Use

Last updated: February 1, 2017

This application for mobile devices (“Mobile Software” or “Application”) is provided to you under these "Terms of Use" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by LifeScan, Inc. or one of its affiliated companies (collectively, “Application Owner,” "we", "us") from time to time.

By using all or any portion of the OneTouch Reveal® app (the "Application"), you acknowledge that you (or your legal representative, in the case of a parent or legal guardian acting on behalf of a minor or an individual who does not have capacity to act on behalf of themselves) (hereinafter “you” or “your”) have read, understand and agree to these Terms of Use. Your use of this Mobile Software or any content provided through the Mobile Software shall be deemed to constitute your consent to be legally bound by the Terms of Use of the Agreement, which shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the Terms of Use in the Agreement, you may not access or use the Mobile Software or post or submit any materials on it.

Medical Advice

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 understand that the Application is available for your personal, non-commercial use only. You agree that the Application is the property of the Application Owner, including all intellectual property rights in it and that you have no right to use them other than as set out in these Terms of Use. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Application for any business purposes or other purposes not authorized under these Terms of Use. We reserve the right to refuse or terminate access to the Application at our discretion. The Application is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update 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.

You may use this Application only for lawful purposes and in accordance with these Terms of Use. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from the Application for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Application in any way, for any commercial use or provide it to any commercial source, including other applications, without the prior written permission of Application Owner.

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.

Trademark Notices

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

The information that we obtain through your use of OneTouch Reveal® app, whether through the registration process or otherwise, is subject to our Privacy Policy. Our Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information.

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 in connection with use of OneTouch Reveal® app. 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; OR (5) 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.

Electronic Communications

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.

User Content

If you submit any information, messages, comments, posts, text, photographs, data and other materials (collectively “User Content”) to us through or related to the Application or send us any business information, idea, concept or invention by e-mail, you represent and warrant to us that such User Content is not confidential and that you have all necessary permission to submit or otherwise make available such User Content. In addition, subject to limitations set forth in the intellectual property laws of your jurisdiction and in our Privacy Policy, you grant us 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 User Content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.

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.

Complete Agreement

These Terms of Use constitute the entire agreement between you and Application Owner with respect to the use of the Application and any software and content contained herein.

Intended Audience

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.

Termination

We may at any time terminate your use of or access to the Application without prior notice if we have a good reason to do so which includes any breach by you of these Terms of Use. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Application in these circumstances. In the event of any termination you must stop using the Application and you agree that the provisions of the Agreement that are by their terms intended to survive termination, including without limitation those regarding Ownership, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law, shall survive any such termination.

Third Party Links

This Application may contain links or references to third party websites. These links are provided for your convenience only. In addition, the Application permits, without limitation, access to posted, stored, or displayed content directed by Users of the Service. If selected by you, Apple® Health, by Apple®, Inc., stores and provides a dashboard for Users’ health data, for which we cannot accept any responsibility or liability. Note that the use of Apple® Health is governed by its own terms of use which can be found in Apple® Health. No endorsement of any third party products or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Application even if referenced by Application Owner within this Application or elsewhere, and Application Owner is not responsible for, and you shall not seek to hold Application Owner accountable for, the content of linked third party websites or mobile applications. Your use of third party websites or mobile applications is at your own risk and subject to the Terms of Use of use for such sites.

Indemnification

You agree to indemnify and hold harmless Application Owner and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this Application including without limitation transmission or placement of information or material by you on this Application.

Modifications to these Terms of Use

We may make changes to the Terms of Use from time to time in our sole discretion, by updating these Terms of Use on this Application, and specifying the effective date of the new version of the Terms of Use. If the Terms of Use change, the revised policy will be posted within the Application. You should therefore periodically review the Terms of Use of the Application. Your continued use of the Application following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes.

Contact Information

If you have any questions or concerns with respect to these Terms of Use or the Application you may contact us as identified in the Privacy Policy or the “Contact Us” section of this Application.

Severability of Agreement

Should any part or provision of these Terms of Use be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Survival

All Sections shall survive the termination of the right to use the Application.

Applicable Law and Jurisdiction

The information on OneTouch Reveal® app is intended only for use by residents of the United States. Other countries may have laws, regulatory requirements, or medical practices that differ from those in the United States. Exclusive jurisdiction for any dispute with Application Owner, or in any way relating to your use of OneTouch Reveal® app, resides in the courts of the United States and, by using this mobile application, you agree and expressly consent to the exercise of personal jurisdiction in any court selected by Application Owner in this jurisdiction in connection with any such dispute including any claim involving Application Owner or its parent, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers and you agree to submit to the personal and exclusive jurisdiction of such courts. The Agreement and the resolution of any dispute related to the Agreement, the Application, items you purchase through the Application and any non-contractual obligations arising out of or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. This Agreement is governed by the internal substantive laws of this jurisdiction, without regard to its conflict or choice of law rules and principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Version Number: 3.0