1. Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the insulinworx.com website (“Site”) and the accessing the information, documents and tools provided therein (the “Service”) operated by Insulinworx (the “Company”). Your access to and use of the Site and Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site or Service. By accessing or using the Site or Service you agree to be bound by these Terms.
2. By accepting these Terms, you attest that you are (a) a licensed health care practitioner with prescriptive authority (e.g. MD, DO, APRN, PA-C) (“Practitioner”) or an agent acting in behalf of a Practitioner, (b) are over 21 years of age, and (c) are using the Site and Service solely for non-commercial purposes and for your own education or as an educational tool for patients, as deemed appropriate by the Practitioner.
3. Information contained on or made available through the Site and the Service is not intended to and does not constitute medical advice or recommendations under any circumstance. Any information from the Site or Service that you dispense or provide to patients constitutes the Practitioner’s medical advice to his or her patients. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the Service or information contained in or linked to the Site. Your use of the Site or Service, including the materials contained therein or linked to the Site is entirely at your own risk. The Company does not represent or warrant that the information or Services available on or through the Site will be appropriate or accurate for the Practitioner’s patients. You should not act or rely on any information on the Site or the Services without carefully reviewing and ensuring the accuracy and appropriateness for use in your medical practice and with each particular patient. The Practitioner is responsible for reviewing any Site information, tools or Services for accuracy and appropriateness for their patients’ treatment and dosing regimen, and before distributing any related information to patients. All information, tools and documents contained on the Site, linked to the Site, or related to the Service are provided without any representations or warranties, express or implied, as to their suitability, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND THE COMPANY DISCLAIMS ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. The Company does not represent or warrant that the Site and Services will be error-free, virus-free, or that defects do not exist.
5. You agree to indemnify, defend and hold the Company and our partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to (a) your use of the Site, the Service and any related tools, materials or documents; (b) your distribution of information, documents or tools located on the Site or linked to the Site; (c) use of the Service or any information, documents or tools on the Site or linked to the Site by Practitioner’s patients and patient’s subsequent reliance thereon. Such indemnity includes reasonably attorney’s fees of the Company and Affiliated Parties associated with the liability, loss, claim or expense.
6. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the tools, and Services protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights are solely owned by the Company. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited. You do not acquire ownership rights to any article, document, tool, or other materials viewed and accessed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.
7. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely as a tool for your own personal education or to access tools for patients, as you deem appropriate for each patient; (c) to use the Site, its tools and Services for non-commercial purposes and without economic gain; and (d) to print out and distribute information from the Site solely for non-commercial purposes, without economic gain, and provided that you maintain all copyright and other policies contained therein.
8. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom except for the express limited purposes permitted herein; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
9. Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
10. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. This agreement shall be treated as though it were executed and performed in Salt Lake City, Utah. Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Section 1051 et seq.) or other federal law, this Agreement shall be interpreted under the laws of the State of Utah, without regard to the application of conflicts of law principles. Any judicial action related to the Site, Services, or this Agreement shall be brought exclusively in the state courts of the State of Utah or in the federal courts of the United States which are located in Salt Lake County, Utah.
12. The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and its Service, and supersede and replace any prior agreements. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.