Terms of Use

MOBILE DIABETIC INC END-USER AGREEMENT: This Agreement ("Agreement") is between You (either an individual or an entity) and Mobile Diabetic Inc ("mDiabetic"). This Agreement authorizes You to use mDiabetic web services ("Services") and products ("Products") under the terms and conditions set forth below. If you have questions about this Agreement, please contact us today.

 

1. COPYRIGHT NOTICE: mDiabetic.com web services and LogbookFX are copyright Mobile Diabetic, Inc.

2. MEDICAL DISCLAIMER: The information or products provided by mDiabetic is designed to support, not replace, the relationship that exists between You and Your physician. mDiabetic does not provide You with medical advice, clinical treatment information, or diabetes support unless separately agreed in writing between You and mDiabetic.

3. EQUIPMENT: mDiabetic is not an Internet Service Provider. You must have access to the necessary equipment to use the Internet. You must pay all costs pertaining to Internet access. mDiabetic is not responsible for pay-per-item fees associated with wallpaper retrieval, viewing, or storage on any system. mDiabetic does not provide diabetes related equipment. You must have access to the necessary equipment for blood glucose testing.

4. WARRANTY LIMITATIONS: YOU ACKNOWLEDGE THAT SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MOBILE DIABETIC INC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. THERE IS NO WARRANTY BY MOBILE DIABETIC INC OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE AND RESULTS OBTAINED FROM IT.

5. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBILE DIABETIC INC, ITS EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MOBILE DIABETIC INC OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, MOBILE DIABETIC INC, ITS EMPLOYEES OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits mDiabetic's liability to You in the event of death or personal injury resulting from mDiabetic's negligence. mDiabetic is acting on behalf of its employees or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause, but in no other respects and for no other purpose.

6. APPLICABLE LAW & GENERAL PROVISIONS: This Agreement is governed by the laws of the United States of America. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator. The arbitration procedure shall take place in Everett, Washington, United States of America in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of mDiabetic.

7. TECHNICAL SUPPORT: mDiabetic has no obligation to furnish You with technical support unless separately agreed in writing between You and mDiabetic.

8. NO OTHER OBLIGATIONS: This Agreement creates no obligations on the part of mDiabetic other than as specifically set forth herein.