Contents:
Terms of Service:
The following terms and conditions govern all use of the Diabetes Care Update website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Salois and Associates ("Salois and Associates"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Salois and Associates' Privacy Policy) and procedures that may be published from time to time on this Site by Salois and Associates (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Salois and Associates, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Diabetes Care Update Account and Site. If you create a post on the Website, you are responsible for maintaining the accuracy of your post, and you are fully responsible for all activities that occur from it and any other actions taken in connection with the post. You must not describe or assign keywords to your post in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Salois and Associates may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Salois and Associates liability. You must immediately notify Salois and Associates of any unauthorized uses of your post, your email address, or any other breaches of security or ethical conduct. Salois and Associates will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on this blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your post is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your post's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Salois and Associates or otherwise.
By submitting Content to Salois and Associates for inclusion on our Website, you grant Salois and Associates a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your post. If you delete Content, Salois and Associates will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Salois and Associates has the right (though not the obligation) to, in Salois and Associates' sole discretion (i) refuse or remove any content that, in Salois and Associates' reasonable opinion, violates any Salois and Associates policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Salois and Associates' sole discretion. Salois and Associates will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting one of our products or services, you agree to pay Salois and Associates the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. - Automatic Renewal.
Unless you notify Salois and Associates before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Salois and Associates in writing.
- General Terms.
- Services.
- Fees; Payment. By signing up for a Services account you agree to pay Salois and Associates the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Salois and Associates reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Salois and Associates.
- Support. If our service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Salois and Associates to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free Diabetes Care Update services. All support will be provided in accordance with Salois and Associates standard services practices, procedures and policies.
- Responsibility of Website Visitors. Salois and Associates has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Salois and Associates does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may inadvertently contain content that is offensive, factually inaccurate, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes on the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Salois and Associates disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content thereon posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Diabetes Care Update links, and that link to Diabetes Care Update. Salois and Associates does not have any control over those non-Salois and Associates websites and webpages, and is not responsible for their contents or their use. By linking to a non-Salois and Associates website or webpage, Salois and Associates does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Salois and Associates disclaims any responsibility for any harm resulting from your use of non-Salois and Associates websites and webpages. You are responsible for verification of all information before you use it.
- Copyright Infringement and DMCA Policy. As Salois and Associates asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Diabetes Care Update violates your copyright, you are encouraged to notify Salois and Associates in accordance with Salois and Associates' Digital Millennium Copyright Act ("DMCA") Policy. Salois and Associates will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Salois and Associates will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Salois and Associates or others. In the case of such termination, Salois and Associates will have no obligation to provide a refund of any amounts previously paid to Salois and Associates.
- Intellectual Property. This Agreement does not transfer from Salois and Associates to you any Salois and Associates or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Salois and Associates. Salois and Associates, Diabetes Care Update, the Diabetes Care Update logo, and all other trademarks, service marks, graphics and logos used in connection with Diabetes Care Update, or the Website are trademarks or registered trademarks of Salois and Associates or Salois and Associates' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Salois and Associates or third-party trademarks.
- Advertisements. Salois and Associates reserves the right to display advertisements on your post unless you have purchased an ad-free account.
- Attribution. Salois and Associates reserves the right to display attribution links such as 'Blog at Diabetes Care Update,' theme author, and font attribution in your post footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Salois and Associates reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Salois and Associates may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Salois and Associates may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Diabetes Care Update account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Salois and Associates if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Salois and Associates' notice to you thereof; provided that, Salois and Associates can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Salois and Associates and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Salois and Associates nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Salois and Associates, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Salois and Associates under this agreement during the twelve (12) month period prior to the cause of action. Salois and Associates shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Salois and Associates Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Salois and Associates, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Salois and Associates and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Salois and Associates, or by the posting by Salois and Associates of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Idaho, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Coeur d. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Spokane, WA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Salois and Associates may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Privacy Policy:
Salois and Associates ("Salois and Associates") operates Diabetes Care Update and may operate other websites. It is Salois and Associates' policy to respect your privacy regarding any information we may collect while operating our websites.
Website Visitors
Like most website operators, Salois and Associates collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Salois and Associates' purpose in collecting non-personally identifying information is to better understand how Salois and Associates' visitors use its website. From time to time, Salois and Associates may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Salois and Associates also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Diabetes Care Update blogs/sites. Salois and Associates only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Salois and Associates' websites choose to interact with Salois and Associates in ways that require Salois and Associates to gather personally-identifying information. The amount and type of information that Salois and Associates gathers depends on the nature of the interaction. For example, we ask visitors who sign up at Diabetes Care Update to provide a username and email address. Those who engage in transactions with Salois and Associates are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Salois and Associates collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Salois and Associates. Salois and Associates does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics
Salois and Associates may collect statistics about the behavior of visitors to its websites. Salois and Associates may display this information publicly or provide it to others. However, Salois and Associates does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Salois and Associates discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Salois and Associates' behalf or to provide services available at Salois and Associates' websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Salois and Associates' websites, you consent to the transfer of such information to them. Salois and Associates will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Salois and Associates discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Salois and Associates believes in good faith that disclosure is reasonably necessary to protect the property or rights of Salois and Associates, third parties or the public at large. If you are a registered user of an Salois and Associates website and have supplied your email address, Salois and Associates may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Salois and Associates and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Salois and Associates takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Salois and Associates uses cookies to help Salois and Associates identify and track visitors, their usage of Salois and Associates website, and their website access preferences. Salois and Associates visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Salois and Associates' websites, with the drawback that certain features of Salois and Associates' websites may not function properly without the aid of cookies.
Business Transfers
If Salois and Associates, or substantially all of its assets, were acquired, or in the unlikely event that Salois and Associates goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Salois and Associates may continue to use your personal information as set forth in this policy.
Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Salois and Associates and does not cover the use of cookies by any advertisers.
Privacy Policy Changes
Although most changes are likely to be minor, Salois and Associates may change its Privacy Policy from time to time, and in Salois and Associates' sole discretion. Salois and Associates encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a Diabetes Care Update account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
FTC Legal Notice
The Federal Trade Commission regulations require that I disclose any relationship I have between a product manufacturer or any service provider when I review or write about a product or service. You should assume that I have an affiliate relationship and/or some other material connection to the providers of goods and services mentioned on this website, and that I may be compensated if or when you should purchase from a provider.Here are the general guidelines that I operate under on this blog:
1. I am never paid money to do a review. I never accept money to review a product or service. I invest my own time to review and test products. I personally pay for the cost to produce all written, audio and/or video reviews I produce about products and services.
2. If I create a link to a product or service in a review or article, then I may get paid a commission if you should happen to purchase the product or service. If I endorse a product or service on this website, then I will try to direct you to a location where you can purchase it as a convenience and courtesy, not as a hard sale tactic.
3. No advertiser will ever influence the content, topics or posts made on this blog. I reserve the right to express my own personal opinions in my reviews, whether they are positive or negative, or lead to a sale or not.
4. If you see any product or service on this website, you can assume that I have screened the provider prior to listing them here and they have my approval. ~ds