Terms of Use

Best 4 Diabetes is provided to you under these Terms of Use. Please review these Terms of Use carefully. By checking the box marked "I have read and agree to the Best 4 Diabetes Terms of Use" during registration, you acknowledge that you have reviewed and agree to all of the provisions contained in the Terms of Use below. This is a legal agreement between you and Goldkeys Services, the company that developed and maintains Best 4 Diabetes, regarding your use of Best 4 Diabetes. Goldkeys Services reserves the right to modify or supplement the Terms of Use at any time, and such modification shall be effective immediately upon the posting of the modified Terms of Use. Your continued access or use of Best 4 Diabetes after the posting of a modification shall be deemed to constitute your agreement to all of the provisions contained in any such modified Terms of Use.

1.  Not A Substitute For Health Care Team Relationship

Best 4 Diabetes provides easy to use functionality to upload, record, report and personalize your diabetes care. THE CONTENT AND FUNCTIONALITY PROVIDED IS FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR YOUR RELATIONSHIP WITH A HEALTH CARE TEAM, DIAGNOSIS OR TREATMENT. NOTHING CONTAINED IN Best 4 Diabetes SHALL BE CONSTRUED AS CREATING A HEALTH CARE TEAM RELATIONSHIP BETWEEN YOU AND Goldkeys Services. We may suggest that you discuss certain options with your health care team but the decision to do so is entirely between you and your health care team. In these Terms of Use and elsewhere in Best 4 Diabetes, Health Care Team refers to any doctor, nurse, dietician or other health care provider that helps you with your health care. If your blood sugar levels go up or down to levels that are very high or low, you should follow customary guidelines set by your Health Care Team. The content and functionality provided are designed to help you and your Health Care Team better manage your diabetes through information, analysis and communication. Best 4 Diabetes provides tools for you to share information with your Health Care Team but does not guarantee that your Health Care Team will review that information. You are responsible for communicating your glucose levels to, and receiving feedback from, your Health Care Team. YOUR DECISION TO RELY ON ANY INFORMATION YOU RECEIVE FROM Best 4 Diabetes IS SOLELY AT YOUR OWN RISK.

2  HIPAA Privacy Policy

The Best 4 Diabetes Health Insurance Portability and Accountability Act (HIPAA) Privacy policy covers your privacy rights. You must agree to this policy to create a new account. The policy is available for review from most pages in Best 4 Diabetes.

3.  Member Login and Password

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.

4.  Your Use Of Best 4 Diabetes

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.

5.  Data Retention

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.

6.  Limited Software License

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.

7.  Ownership
Subject to the rights expressly granted to you in these Terms of Use, Best 4 Diabetes is the copyrighted property of Goldkeys Services. All title and copyrights in and to Best 4 Diabetes (including but not limited to any images, photographs, animations, video, audio, music, text and Java Applets incorporated into the Best 4 Diabetes) are owned by Goldkeys Services or its suppliers. Content and functionality are protected under U.S. and international copyright, trademark, and other laws and title to the Content shall not pass to you or any other User. Best 4 Diabetes as a whole is protected by U.S. and international copyright and trademark statutes.
8.  Links to other Web sites and Advertisements

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.

9.  Disclaimer Of Warranties

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.

10.  Release

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.

11.  Limitation of Liability
Goldkeys Services WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS FROM PERSONAL INJURY OR DEATH OR DAMAGES FROM LOST DATA. Some states/jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply.
12.  Indemnity

You agree to indemnify, defend and hold Goldkeys Services harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' and experts' fees) incurred by Goldkeys Services in connection with any breach of these Terms of Use by you or otherwise in connection with your use of Best 4 Diabetes.

13.  Termination

These Terms of Use become effective between Goldkeys Services and you on the date that you register as a Guest Member and remains in effect if you become a Premier Member. Either Goldkeys Services or you may terminate these Terms of Use and your right to utilize or access Best 4 Diabetes, at any time, with or without cause. These Terms of Use shall terminate immediately upon your failure to comply with the Terms of Use or Goldkeys Services policies that are published within Best 4 Diabetes.

14.  Assignment

You may not assign this Agreement. Goldkeys Services may assign all or part of its rights under these Terms of Use to an affiliate or successor company. These Terms of Use are binding upon and inure to the benefit of the successors and permitted assigns of Goldkeys Services.

15.  Severability

The provisions of these Terms of Use are severable and, in the event any other provision in these Terms of Use are determined to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

16.  Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Goldkeys Services, or in any way relating to your membership or use of Best 4 Diabetes, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Best 4 Diabetes or its suppliers. These Terms of Use are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these 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 of Use, which shall remain in full force and effect.

17.  Entire Agreement

These Terms of Use set forth the entire agreement between you and Goldkeys Services regarding to your use of Best 4 Diabetes, and supersede all prior agreements of any kind relating to this subject matter. These Terms of Use shall take effect on the date you register as a Guest Member and indicate your agreement to be bound by it. They remain in effect if you become a Premier Member.

Effective as of February 1, 2004



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