1. Introduction, scope.
The Terms of Service (hereinafter referred to as the “ToS”) consist of these terms and any supplemental terms, guidelines, rules, and/or policies thereof (hereby incorporated by reference into this ToS) provided to you for any of the consultation, news, aides, guides, blogs, recommendations, posts and other services offered, owned, licensed and/or operated by Comgen Health LLC (“Comgen”) through the website located at http://www.fightdiabetes.com/ (hereinafter, the “Site”). They entail an agreement in electronic form between you (“you,” “your,” and/or “yourself”) and Comgen and/or its parent, subsidiaries, assignees, successors, affiliates, and/or brands (“Comgen” or, “we,” “us,” and “our”).
By using the Site and/or registering with us, you are agreeing to these ToS and you hereby acknowledge that you have read them and any supplemental terms thereof, such action constituting your acceptance of the terms, conditions and notices contained therein.
These ToS addresses your legal rights and obligations and include important disclaimers and choice of law and forum provisions. Please read the following items carefully. You may use our products and services only as long as you comply with the ToS. If you do not agree to the terms and conditions of this ToS, you may not access, view, obtain goods or services from, or otherwise use the Site. If you do not agree to be so bound by them, please do not access or use the Site.
You also agree to the terms and conditions set forth in Comgen’s Privacy Policy (hereby incorporated by reference and hereinafter referred to as the “Policy”), which details the manners in which we and other third parties might collect, process and/or use your personal data. In accordance with such Policy, we may use information and materials received from you or collected through your use of our Site, and may disclose such information to third parties.
2. Minors.
Comgen seriously undertakes the protection of children, and encourages parents, legal guardians and other responsible adults to be actively involved in helping their minors learn about and use safe internet practices. You hereby acknowledge that you are thirteen years of age or older as of the date of access to the Site hereof, and, if under the age of eighteen, are using the Site under the supervision of your parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit the Site or otherwise use our services.
3. Registration
You will need a username to use some of our services. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our services.
If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our services. We shall not responsible for the release or loss of any information that is identified with that address or identifier.
You are responsible for obtaining, at your own expense, all equipment and services needed to access our services. If you are accessing our services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile services can be accessed through all wireless devices or service plans or are available in all geographical locations.
In addition, an individual service may require you to sign in and use the service periodically to remain active on that service. If you fail to remain active on a specific service, we may deactivate your access and use of that service.
After we terminate or deactivate your account for inactivity, we will have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provided to us (collectively “posted” or “post”) on the services and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted on a service or reactivate your account.
4. Services
To use our services, you must:
a. Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
b. Immediately notify us if you learn of a security breach or other illegal activity on the services;
c. Protect your username and password;
d. Not use any automated process to access or use the services or any process, whether automated or manual, to capture data or content from any service for any reason; and
e. Not use any service or any process to damage, disable, impair, or otherwise attack our services or the networks connected to the services.
In order to use our services, you are hereby prohibited from uploading, downloading, emailing, posting, disseminating or otherwise publishing throught the Site, any content which:
a. Disrupts the normal flow of dialogue and/or exchange on the Site, including content that otherwise restricts or inhibits any other user from using and enjoying the website;
b. Engages in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
c. Includes content which is, allegedly or in fact, obscene, injurious, illegal, threatening, defamatory or contains computer viruses, worms, bots or any form of “spam”;
d. Encourages conduct that would constitute a criminal act, potentially give rise to civil action (including claims of defamation and/or libel), otherwise violates the laws of any jurisdiction; or that plagiarizes or infringes the intellectual property rights of a third party; and
e. Constitutes the trade of persona data, including but not limited to the posting of an email address, phone number of any type, or address of any type.
To prevent violations and enforce this ToS and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.
When providing you with our services, we may display advertising within them and you agree to accept the advertising on of whatever devices, including a wireless phone, you are using to access the Site. These ToS are projected to make this Site safe, friendly and informative for everybody. As a valued participant, we invite you to report any violations of these ToS by emailing us at info@fightdiabetes.com.
The Site and any services therefrom are based in the United States of America. They are not designed or customized for any other country. You may use them only if they comply with the laws of the country from which you are accessing them. We may, in our sole discretion, change any aspect of a service or discontinue it without prior notice.
5. Updates.
We hereby reserve the right to update the Site, the ToS as well as the Policy, at any time and without prior notice. Such updates shall be binding on all users of the Site. Such updates will be posted on the Site. Use your browser’s “Print” button to keep a copy of these ToS. Once a new version of these ToS, it will automatically be in force. Your continued use of the Site, either by registration or simple use, constitutes sufficient assent to any new or modified provision of this Terms that may be posted on the Site.
6. Copyright
When accessing the Site or using our services, you and other users may post comments, questions, ideas, upload photos and other kind of multimedia content. You may not impersonate any person or entity, or otherwise mislead as to the origin of other content. Comgen hereby reserves the right (but not the obligation) to remove and/or edit such content, and we have the right but not the obligation to monitor and edit or remove any activity or content. You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or otherwise submitting any kind of multimedia content, and unless it is set forth in contrary, you hereby grant Comgen an unlimited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories in the world, fully sublicensable right to Comgen and/or its licensors, partners, sponsors, affiliates and/or agents, to use, reproduce, translate, modify, adapt, create derivative works from, distribute, publish and display such content throughout any media, hereby waiving all rights to any claim against us for any alleged or actual infringements of any intellectual property rights, rights of privacy and publicity and moral rights. We neither assume any responsibility nor liability for any content posted by you or any third party.
If you violate our ToS or engage into any prohibited activity, we, at our sole discretion, reserve the right, at any time without prior notice, to:
a. Edit, delete or block any such prohibited content or activity;
b. Suspend or terminate your account immediately, for a period of time or forever; and
c. Provide information to the any law enforcement body, as a result of a violation of these ToS and/or if we deem it pertinent.
Some content on our services is created and supplied by us or by a vendor, and we or our vendor own all rights, title, and interests in that content and in any compilation, collective work or derivative work created by us using or incorporating this content.
The services and the content provided on the services are protected by copyright, trademark, patent, trade secret, treaties, laws, and other rights. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
Any notification of claimed copyright infringement should be emailed to at info@fighdiabetes.com (subject: “Takedown Request”). Comgen will process each notice of alleged infringement received and shall take appropriate action in course, subject to applicable intellectual property laws. The notification must contain, at the least, your name, identification, signature, a description of the copyrighted work that allegedly has been infringed and contact information.
7. Disclaimer of Warranties and Limitations on Liability.
Comgen does not provide medical advice, opinions or instructions and nothing contained herein shall be construed as such. The Site is not to be used as a replacement for professional health care and guidance. Statements and posts on the Site have not been evaluated by the FDA, and are not intended to diagnose, treat, cure or prevent any disease. Please, consult your family doctor or physician before engaging into any exercise program, changing dietary habits, or discontinuing the use of any prescribed medications. We do not assume any responsibility for any aspect of healthcare-related content available on the Site, and you understand that any blogs or posts are for illustrative purposes only, and shall not, under any circumstances whatsoever, be construed as a substitute for professional medical services.
YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”, INCLUDING ALL CONTENT, SOFTWARE, MATERIALS, SERVICES, FUNCTIONS, AND/OR INFORMATION MADE AVAILABE THROUGH. COMGEN HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMGEN DOES NOT WARRANTS THAT THE SERVICES CONTAINED IN THE SITE OR ANY CONTENT DISPLAYED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER OR CLOUD SERVICES THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGMENT. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, OR REGADING HYPERLINKS TO THIRD PARTY WEBSITES, OR FOR ANY SECURITY BREACH ASSOCIATED WITH THE TRANSMISSION OF PERSONAL DATA THROUGH THE SITE OR ANY OTHER WEBSITE, OR FOR ANY INFO, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE SUCH, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF COMNGEN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, OUR LIABILITY AND WARRANTIES SHAL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABE LAW.
8. General terms.
Occasionally, we may provide links to the websites third parties. We are not responsible for the examination or evaluation of such businesses or the content of their websites. You should review their privacy policies statements and other terms of use.
These ToS, along with any supplemental terms constitute the whole legal agreement between you and Comgen. It supersedes all prior communications and documentations, whether electronic, oral or written, between you and us with respect to the Site, and any goods and services there from. No party is relying on any other representations, oral or written, except as specifically set forth herein. Any rights not expressly granted herein are hereby reserved by Comgen. If a court of law finds that any provision of this ToS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable, and this ToS shall survive the termination of our affiliation. We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
Comgen will not be liable for failing to perform under these ToS because of any event beyond its reasonable control, including, without limitation, interruption of Internet service, fire, terrorism, natural disaster, Acts of God or war.
9.Forum, Governing Law.
Any dispute arising from the use of the Site or the interpretation of the terms is governed by the laws of the state of Texas, United States of America, without regard to principles of conflict of laws, and shall be settled by the competent courts seated at the state of Texas, United States of America. All communications regarding legal matters must be made in writing to: info@fightdiabetes.com.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN, FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.