Diasyst grants you a personal, non-transferable, and non-exclusive right and license to use the Services via the System solely for your internal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, 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 or access to the System or access to any products, information, or other content available therein.
No commercial use or redistribution of any content, software, or other Diasyst products is permitted, unless expressly specified in a prior agreement between you and Diasyst.
Diasyst reserves the right, in its sole discretion, to terminate your access to the System and the related Services or any portion thereof at any time, without notice.
No Unlawful or Prohibited Use
Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Diasyst to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
The System may contain chat areas and/or other message or communication facilities designed to enable you to communicate with a specified group or generally (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
In addition, in connection with your use of the System, you agree you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Diasyst representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
Upload or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
Delete or revise any material posted by any other person or entity;
Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
Harvest or otherwise collect information about others, including e-mail addresses; or
Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
Any information, communications, or material of any type or nature that you submit to the System by e-mail, messaging, uploading, downloading, or otherwise (collectively, a "Submission") is done at your own risk. All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Password Accounts, Passwords, and Security
In order to access the System, you may be required to create an account and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the System registration mechanism (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Diasyst has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Diasyst has the right to suspend or terminate your account and refuse any and all current or future use of the System. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the System by using the applicable deactivation mechanism provided on the System.
In consideration of your access to and use of the System, you represent that you are of legal age to form a binding contract and are not a person barred from accessing or using the System under the laws of the United States or other applicable jurisdiction. Only individuals who are of legal age to form a binding contract under applicable law (i.e., eighteen (18) years of age or older in most jurisdictions) are permitted to create an account or register to use the System.
Diasyst respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that Diasyst owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content") as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Diasyst or its licensors and content-providers. For the avoidance of doubt, "Content" does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through the Linked Websites.
The posting of information or other materials or Content on the System by Diasyst does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.
The System is available only to users who are at least 18 years old. Under no circumstances should the System be used by children under 13 years of age. The System is intended for use by licensed healthcare providers, patients and consumers. By accessing and using the System, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the System will comply with and does not violate any applicable law, regulation, order or guideline. In addition, if you are a Provider, by accessing and using the System you represent and warrant that (a) you are and will be for so long as you use the System duly licensed, certified, credentialed, accredited, permitted and authorized in accordance with all applicable laws and regulations to engage in your professional activities; (b) you understand that the System is a supporting tool to be used in your professional judgment and it is not an alternative for providing your professional duties; (c) the information in the System may not be accurate or complete and do not constitute diagnoses; and (d) the information made available in the System must be correlated with other clinical data as required by professional standards in your discipline.
Content found on the System is for informational purposes only and is not intended to replace the relationship between a patient and his or her healthcare provider. Patients and consumers should never disregard professional medical advice or delay seeking medical treatment because of information they have read on or through the System. If you believe you have a medical emergency, call your healthcare provider of 911 immediately. Patients are advised that when they choose to share healthcare information with a healthcare provider, such provider may choose to rely, in part, on the accuracy of such information for purposes of providing treatment. Accordingly, patients should take care to ensure that information uploaded to the system, including blood glucose level, is accurate and complete.
Diasyst is not responsible for, and cannot guarantee the accuracy of, patient information that is transmitted to the provider through the System, including blood glucose levels entered by the patient. Any clinical support functionality available to healthcare providers through the System is intended for informational purposes only and is not intended to replace a provider’s medical training and experience. All clinical support outputs are dependent on patient inputs to the System, the accuracy of which cannot be guaranteed. Accordingly, providers should not rely solely on information that is collected by, accessible through or transmitted via the System for purposes of giving medical advice or making a diagnosis. Providers are fully responsible for their use of the System and information patients make available by means of the System.
Disclaimer of Warranties
Diasyst does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or Diasyst, or that you access, use, download, or otherwise obtain on or through the System or Diasyst, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Diasyst AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH Diasyst ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH Diasyst ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Diasyst PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, Diasyst ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. Diasyst SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM.
Limitation of Liability
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. Diasyst MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. Diasyst SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.
Diasyst reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
The System could include technical inaccuracies or typographical errors. Diasyst shall have no liability in connection with any such inaccuracies or errors, nor shall Diasyst have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the System is disclaimed.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of Diasyst (the "Linked Websites"). Diasyst does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Diasyst disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Diasyst arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the System do not imply that: (a) Diasyst is affiliated or associated with any Linked Website; (b) Diasyst is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Diasyst.
PO Box 467487
Atlanta GA 31146