Terms of Use for Glucose Guardians Inc.

Welcome to the Glucose Guardians Inc. website (the "Site").

In consideration of your use of the Site, you agree to the Glucose Guardians Inc. Privacy Policy and the following General Terms of Use. By accessing or using the Site, you signify your Understanding and acceptance of these Terms of Use. If you do not agree with all the terms herein, you should not use the Site or its services.

1. Glucose Guardians Inc. User Account

If the Site offers a registration process, you may receive a password and account designation upon completing it. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify Glucose Guardians Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Glucose Guardians Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this provision or any other provision under these Terms of Use. You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your Glucose Guardians Inc. account(s) and password(s); (3) promptly inform Glucose Guardians Inc. if you wish to deactivate a password(s).

You grant Glucose Guardians Inc. and all other persons or entities involved in the operation of the Glucose Guardians Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Glucose Guardians Site. Glucose Guardians Inc. cannot and does not assume any responsibility or liability for any information you submit to the Glucose Guardians Site, or for your or third parties' use or misuse of information transmitted or received using the Glucose Guardians Site.

2. Use of the Site

You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, or other materials (the "Materials"), is the sole responsibility of the person or entity from which such Materials originated. This means that you, and not Glucose Guardians Inc., are solely responsible for all Materials that you upload, post, email, transmit, or otherwise make available (collectively "Upload") to any portion of the Site.

We do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity, or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be inaccurate, incomplete, or otherwise objectionable. Under no circumstances will Glucose Guardians Inc. be liable in any way for any Materials, including, but not limited to, any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials uploaded via the Site.

You agree not to use the Site to:

  1. Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  2. Impersonate any person or entity, including, but not limited to, a Glucose Guardians Inc. representative, or misrepresent your affiliation with a person or entity.
  3. Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  4. Upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any Material that contains software viruses or the like.
  5. Promote the products or services of any entity (even if you disclose your affiliation) without explicit prior written consent from Glucose Guardians Inc.

You understand and agree that Glucose Guardians Inc. does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site. Glucose Guardians Inc. and our respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application, or purpose.

The material provided on the Glucose Guardians Inc. Site is designed for informational, educational, and support purposes only. It is provided with the understanding that Glucose Guardians Inc. is not engaged in rendering medical, professional, or financial advice or recommendations. You should not rely on any information in text files, messages, or articles on this Site to replace consultations with qualified health care professionals to meet your individual medical needs.

Materials copyrighted by Glucose Guardians Inc. are for personal, non-commercial use only. Permission to otherwise reprint or electronically reproduce any document in part or in its entirety is expressly prohibited, unless prior written consent is obtained from the rightful owner or Glucose Guardians Inc. To obtain permission from Glucose Guardians Inc. for other than personal use, please contact us at permissions@glucoseguardians.org. The compilation of information on the Glucose Guardians Inc. Site, including the design and organization, is copyrighted and may not be reprinted or electronically reproduced without permission.

3. Termination of Use

You agree that Glucose Guardians Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Materials within the Site, for any reason, including, without limitation, for lack of use or if Glucose Guardians Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Glucose Guardians Inc. may also, in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision hereof may be effected without prior notice, and acknowledge and agree that Glucose Guardians Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Glucose Guardians Inc. shall not be liable to you or any third party for any termination of your access to the Site.

4. Use of Uploaded Materials

Glucose Guardians Inc. does not claim ownership of the Materials you upload on the Site. If you Upload Materials via the Site (either by offering suggestions via e-mail or participating in any interactive opportunities available on this Site), such information shall be considered non-confidential and Glucose Guardians Inc. shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, or information contained in such Materials without any obligation and for any purpose, including but not limited to developing, improving, and promoting programs or services incorporating such information.

In addition, you grant Glucose Guardians Inc. a world-wide, royalty-free and non-exclusive license concerning Materials to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Materials on the Site (i) to provide and promote the specific portion of the Site to which such Materials were submitted or made available, and (ii) for the purpose for which such Materials were submitted or made available.

You agree to indemnify and hold Glucose Guardians Inc., and its directors, officers, agents, subsidiary organizations, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Materials you Upload, your use of the Site, your connection to the Site, or your violation of any rights of another. Glucose Guardians Inc. retains the right to turn over any materials if legally requested to do so.

5. Social Networking Media and Content

Information shared within any social media areas of this site (if applicable, e.g., forums, comment sections) is not reviewed by Glucose Guardians Inc. These areas are provided for you to share experiences, connect with other visitors, and discuss anything relevant to living with diabetes. It is strongly recommended that patients and their caregivers consult with a medical provider regarding their health condition before undertaking any treatment(s) or making any health-related decisions based on information from these areas. Glucose Guardians Inc. cannot and shall not be held liable for any recommendations made by users and visitors to our Website.

By using any one or more of the Social Networking areas, you signify your agreement to the Site's Terms of Use. Your privacy is important to us. By agreeing to these Terms of Use, you also have signified agreement to the Glucose Guardians Inc. Privacy Policy.

If you participate in one or more Social Networking areas within the Glucose Guardians Inc. Site, you agree not to:

  • Participate if you are under the age of 13.
  • Advocate illegal activity or discuss illegal activities.
  • Post or distribute any vulgar, obscene, discourteous, unlawful, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, or indecent language or images or anything embarrassing to any other person or entity as determined by Glucose Guardians Inc. in its sole discretion.
  • Advertise, sell to, or solicit others for commercial purposes.
  • Make any bigoted, hateful, or racially offensive statements.
  • Use the communication areas for any commercial purposes of any kind, even if you disclose yourself as a representative of such a commercial entity.
  • Post or distribute any software or other materials that contain a virus or other harmful component.
  • Post material or make statements that do not generally pertain to the designated topic or theme of any discussion area.
  • Use the communication areas for any purpose in violation of local, state, national, or international laws.
  • Post or distribute any material that infringes and/or violates any right of a third party or any law, including the intellectual property rights of others or the privacy or publicity rights of others.
  • Continue to post comments after receiving a warning.
  • Post chain letters or pyramid schemes.
  • Impersonate another person.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Allow any other person or entity to use your identification.
  • Post the same note more than once or "spam."
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Social Networking areas of the Site, or which, in the judgment of Glucose Guardians Inc., exposes Glucose Guardians Inc. or any of its customers or suppliers to any liability or detriment of any type.
  • Copy, quote, or otherwise recreate any Social Networking messages, media, or other postings outside of the glucoseguardians.org domain without express written permission from Glucose Guardians Inc.

You are solely responsible for your communications within the Social Networking areas, the consequences of posting these communications, and your reliance on any communications in the Social Networking areas. If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

When participating in the Social Networking areas, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in the Social Networking areas may not be reliable, and it is not a good idea to make any decisions based solely or largely on information you cannot confirm. Glucose Guardians Inc. shall not and cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Glucose Guardians Inc. reserves the right (but is not obligated) to do any or all of the following:

  • Investigate an allegation that a communication(s) do(es) not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s);
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use;
  • Terminate a user's access to the Social Networking areas and/or the Glucose Guardians Inc. Site upon any breach of these Terms of Use;
  • Monitor or disclose any communication in the Social Networking areas.

Glucose Guardians Inc. reserves the right to remove postings from any Social Networking area at any time and for any reason. Glucose Guardians Inc. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, Glucose Guardians Inc. assumes no liability or responsibility to users of the Glucose Guardians Inc. Site or any other person or entity for performance or nonperformance of the aforementioned activities.

6. General Practices

You acknowledge that Glucose Guardians Inc. may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that Uploaded Materials will be retained by the Site, the maximum disk space that will be allotted on Glucose Guardians Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period. You acknowledge that Glucose Guardians Inc. reserves the right to remove accounts. You further acknowledge that Glucose Guardians Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.

7. Links to Other Sites

The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that Glucose Guardians Inc. has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Materials, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Glucose Guardians Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Materials or goods available on or through any such site or resource.

8. Glucose Guardians Inc.'s Proprietary Rights

You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Materials contained in sponsor advertisements or information presented to you through the Site or advertisers are protected by copyright, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Glucose Guardians Inc., you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Software, in whole or in part.

Glucose Guardians Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) to obtain unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Glucose Guardians Inc. for use in accessing the Site.

9. Disclaimer of Warranties and Limitation of Liabilities

BY SIGNIFYING YOUR AGREEMENT TO THESE TERMS OF USE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS". GLUCOSE GUARDIANS INC., ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER 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 A PARTICULAR PURPOSE.

SPECIFICALLY, GLUCOSE GUARDIANS INC., ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. IN NO EVENT SHALL GLUCOSE GUARDIANS INC., ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE 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 OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLUCOSE GUARDIANS INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Choice of Law and Jurisdiction

Glucose Guardians Inc. is a non-profit corporation, organized under section 501(c)(3) of the Internal Revenue Code, and is located in Forest Park, Illinois, United States of America. The Site is intended for the exclusive use of residents of the USA. Access to the Site may not be legal by certain persons or in certain countries outside of the USA. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These General Terms of Use are governed by the internal substantive laws of the State of Illinois, without resort to its conflict of laws principles. If any provision of these General Terms of Use 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 these Terms and Conditions. You expressly agree that exclusive jurisdiction for any dispute with Glucose Guardians Inc., or in any way relating to your use of the Site, resides in the courts of the State of Illinois, located in Cook County.

11. DMCA Notification Guidelines

To notify Glucose Guardians Inc. of alleged copyright or trademark infringement on our website, send a notice to the address below. Please be sure to provide ALL of the following information (it is all required by 17 U.S.C. §512(c)(3)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the specific protected work that you claim is being infringed or the subject of infringing activity (if multiple copyrighted works are covered by a single notification, a representative list of such works), along with information sufficient to permit us to locate the material.
  • Identification of the material that you claim is infringing upon protected rights and that is to be removed or access to which is to be disabled (if multiple copyrighted works are covered by a single notification, a representative list of such works), along with information sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and, if available, an electronic mail ("email") address (and the preferred method of contact, if you have one).
  • This statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the material's owner, or its agent, or the law."
  • A statement by you that the information in the notification is accurate and that you have the authority to enforce the rights that you claim are being infringed.

Upon receipt of the above information, Glucose Guardians Inc. will promptly investigate and take appropriate action, then notify you of that action at the contact address you provide. We may need to contact you for more information before we take action.

Designated Agent for Notification of Claimed Copyright Infringement

  • Address: Glucose Guardians Inc., [Street Address], [City, State, Zip Code]
  • Email: info@glucoseguardiansinc.org
  • Phone: [Phone Number]
  • FAX: [Fax Number]

12. General Provisions

  • Entire Agreement: These Terms of Use, along with the Privacy Policy, constitute the entire agreement between you and Glucose Guardians Inc. and govern your use of the Site, superseding any prior agreements between you and Glucose Guardians Inc.
  • Waiver and Severability: The failure of Glucose Guardians Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
  • No Right of Survivorship and Non-Transferability::You agree that your Glucose Guardians Inc. account is non-transferable and any rights to your account or contents within your account terminate upon your death.
  • Headings:The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.