When you register to become a Guest Member or Premier Member of Best 4 Diabetes, you establish your own account. You agree that the information you provide when you register is true and accurate and that you will update that information to keep it true and accurate. If Goldkeys Services has reasonable grounds to suspect that such information is untrue or inaccurate, Goldkeys Services has the right to suspend or terminate your use of Best 4 Diabetes. Your account is accessed by using a Login Id and Password which you choose. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your account. You may change your password at any time from the Profile : User Information section. You agree to notify Best 4 Diabetes immediately of any unauthorized use of your account. Best 4 Diabetes was developed specifically for people who reside in the U.S. Best 4 Diabetes may not fully comply with applicable laws and regulations of countries outside the United States, including laws and regulations governing online privacy and the transmission of personal data over the Internet. The units that Best 4 Diabetes uses to record data are not the same in all other countries. Therefore, only individuals who reside in the U.S are permitted to register as a Guest Member or Premier Member.
You agree not to utilize Best 4 Diabetes in an unlawful way or for any unlawful purpose. You shall not send electronic communications to other parties for any purpose other than personal communication, including to advertise or sell goods or services, or as a mass distribution medium to communicate a generally unsolicited message. You also agree not to send electronic communications of any information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person. Further, you agree that any messages sent via Best 4 Diabetes shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, and shall not create liability for Goldkeys Services or cause Goldkeys Services to lose (in whole or in part) the services of Goldkeys Services' Internet Service Providers or other suppliers. You agree not to circumvent any security system or to obtain unauthorized access to any data or system, or to engage in activities which might give rise to any other civil liability.
Goldkeys Services will endeavor to maintain all data stored in Best 4 Diabetes but does not warrant that such data will be preserved. We may place a limit on the amount of time event data is stored for Guest Members.
Goldkeys Services grants you a non-exclusive license to use its proprietary Upload and Reports software which run on your computer as Java Applets. Your license includes the right to use the Best 4 Diabetes software, online help or other electronic documentation associated therewith (the "Licensed Product"). The term Licensed Product shall include all subsequent software updates, downloads and/or installations. The terms and restrictions set forth herein shall extend to such subsequent development of software regardless of the date on which they occur.
You may use the Licensed Product to allow your blood glucose meter(s) to upload meter readings to Best 4 Diabetes. You may not alter, reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, or re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), or redistribute any part of the Licensed Product. You may not copy the Licensed Product except as necessary to read the Licensed Product into the memory of a computer solely for the purpose of executing it on a single machine. Use of the Licensed Product to develop any software product is strictly prohibited.
Goldkeys Services does not warrant that the services, system, content of any linked system(s) or advertisements(s) are complete, accurate, reliable or error free, or that the server that makes them available is free of viruses or other harmful components, or that the system will meet your requirements or that the service will be uninterrupted, timely or secure. No representations are made as to the continued availability of those linked system(s) or of any of their functionality.
CONTENT AND FUNCTIONALITY SUPPLIED BY Goldkeys Services IS PROVIDED "AS IS" AND AND "AS AVAILABLE". Goldkeys Services DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF Best 4 Diabetes OR INFORMATION FURNISHED BY US AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, RELIABILITY, ACCURACY, SUITABILITY, USEFULNESS, ADEQUACY, TIMELINESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE.
IN ADDITION, Goldkeys Services MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO ANY SOFTWARE APPLICATIONS PROVIDED TO YOU OR FOR USE BY YOU IN CONNECTION WITH YOUR USE OF Best 4 Diabetes AND HEREBY DISCLAIMS ANY WARRANTIES WHICH MAY BE IMPLIED BY LAW. Goldkeys Services HEREBY DISCLAIMS ALL INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY RELATING TO THE PERFORMANCE OF Best 4 Diabetes OR ANY COMPONENTS THEREOF, INCLUDING BUT NOT LIMITED TO DAMAGE TO COMPUTER SOFTWARE OR HARDWARE AND LOSS OF DATA. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR FOR ANY OTHER REASON. THIS INCLUDES WITHOUT LIMITATION WARRANTIES OF TITLE, SECURITY, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND EVALUATING THE ACCURACY AND RELEVANCE OF ANY CONTENT AND FUNCTIONALITY YOU RECEIVE THROUGH Best 4 Diabetes. YOU AGREE NOT TO ASSERT ANY CLAIMS AGAINST Goldkeys Services, AND ITS AFFILIATES, OR TO NAME Goldkeys Services IN ANY DISPUTE, ARISING FROM OR RELATED TO SUCH CONTENT. Goldkeys Services RESERVES THE RIGHT TO RAISE ANY AND ALL DEFENSES DEEMED APPROPRIATE AND TO TAKE ANY OTHER ACTION NECESSARY TO DEFEND ITSELF, IF Goldkeys Services IS NAMED IN ANY SUCH DISPUTE.
You agree that Goldkeys Services is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Best 4 Diabetes. You agree that Goldkeys Services is not responsible for any content transmitted via Best 4 Diabetes by any third party.
Effective as of February 1, 2004