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www.Diabase.co - DiabaseCalc

TERMS OF SERVICE - PRIVACY POLICY

Terms of Service

 

 

Please read this agreement carefully before accessing or using the Diabase.com service (herein DIABASE). By accessing or using this service, you (herein YOU or the USER) agree to be bound by the terms and conditions set forth below. If you are not willing to be bound by these terms and conditions, or find them unacceptable, you may not access or use this service. You will not owe Diabase any fee for the time you might have used the service since your last payment. Diabase may modify this agreement at any time, and such modifications shall be effective immediately upon either posting of the modified agreement or upon notifying you. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the services shall be deemed your conclusive acceptance of the modified agreement.

 

The information stored, used, displayed, and in anyway processed at the site or sites linked in it, should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The Diabase.com service does not promote or recommend any particular form of medical treatment; it is just a data management tool.

Diabase and the Sites, Services, Forums or any sort of Information Providers, and the companies that might be used by Diabase to process the information, payments, administrative and any other related service (herein RELATED COMPANIES), whether link into this site or are linked from the site, make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of their information, nor Diabase makes such warranty in their behalf.

Diabase and the Related Companies cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read or inferred here. Information accessed through this site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded.

Diabase and the Related Companies cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection or viruses, worms, Trojan horses, addware, malware or other code that might or might not manifest contaminating or destructive properties, nor are deemed responsible for loss, destruction, modification or any other sort of alterations suffered by data or equipment due to these agents, nor any other related direct or indirect liabilities.

Neither diabase nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity.

Violation of any of the agreements in this Terms of Service will result in the termination of your Account. While Diabase prohibits such conduct and Content on the Service, you understand and agree that Diabase cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

1. Software License.

By this Agreement, Diabase grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use any software, services and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by Diabase and/or its Licensors. Software provided through this website or Diabase or affiliated companies or persons, are subject to the same terms of use and conditions as the Diabase website. All software and downloads are unsupported. Calculations in the software and website are subjected to a certain degree of accuracy and make no guarantee of it, neither of suitability for your purposes. They are delivered on an "as is" basis.

 

2. Equipment.

You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and Internet access service) necessary to access the Diabase.com Service.

 

3. Operating Policies.

You agree to comply with the Operating Policies set forth here which are the rules that govern user activity in connection with the Diabase.com Service as they may be amended by Diabase.com from time to time. Violations of the Operating Policies or other provisions of this Agreement may also result in termination or suspension of the Diabase.com Service.

 

4. Indemnification.

You agree to indemnify, defend and hold harmless Diabase, its officers, directors, employees, agents, licensors, suppliers, and Related Companies (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Diabase.com Service using your Diabase.com Service account.

 

5. Choice of Law; Jurisdiction.

These Terms of Use will be governed by and construed in accordance with the laws of the country of Uruguay. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Uruguay, and you consent to the jurisdiction of such courts, declining the use of any other jurisdiction.

 

6. Personal Use.

The Service is made available to you for your personal use only. You must be a major, able person to use Diabase.com. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur hereunder. Diabase reserves the right to refuse service to anyone at any time without notice for any reason.

 

7. Payment, Refunds, Upgrading and Downgrading Terms.

1. A valid credit card is required for paying accounts.
2. The Service is billed every 6 months, after the said 6 months of use are expired. By paying you are agree that you are fully satisfied with the Diabase.com site, its service and agree with all the terms of use. Therefore the payment is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. Diabase has a grace period for the payment once the 3 months are expired, which normally goes between 1 to 8 weeks after the due date.
4. If you are not fully satisfied for any reason (no questions asked), just stop using the service and don't pay for the 6 months you've used it, you will NOT owe Diabase for the used time. After 3 months of due payment, Diabase understands that you were not satisfied with the service thus you are no longer using it, and all data will be deleted from Diabase storage systems, with no claims from the User.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. The fees are FOB Uruguay.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Diabase does not accept any liability for such loss.

 

 

8. Cancellation and Termination.

1. You are solely responsible for properly canceling your account. To cancel your account just stop using it, and when the 3 months period is due for payment, just don't pay you owe NO money to Diabase.
2. All of your Content (text and files) will be deleted 3 months after your last due payment. This information can not be recovered once your account is cancelled.
3. If you have opted for automatic charges at the Merchant account, you are solely responsible to unset and void the settings of the merchant account to prevent further charging. If you are under automatic charges, not using the account will not stop the automatic charges.
4. Diabase, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Diabase service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Diabase reserves the right to refuse service to anyone for any reason at any time, and it is not obliged to present or state reasons for it.

 

 

9. Modifications to the Service and Prices.

1. Diabase reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Diabase Site (www.diabase.co) or the Service itself.
3. Diabase shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

 

10. Copyright and Content Ownership.

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you or anyone else with an account related in any way to your account make any chat content or transcripts public, you agree to allow others to view and share your Content.
2. Diabase does not pre-screen Content, but Diabase and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright©2011 Diabase. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Diabase. The entire contents of the Diabase.com Service are copyrighted as a collective work under copyright law. Diabase holds the copyright in the collective work. The collective work includes works which are the property of Diabase Licensors which are also protected by copyright and other intellectual property laws.
4. We are not associated with, do not endorse, recommend nor claim ownership of the products, goods and services, their trade, sale, registered marks, names or any other form of identification or form of property, that are mentioned, linked, referred or used as example in our site. They are just mentioned for illustrative purposes. They are the property of their rightful owners, even if this might not be explicitly indicated in the website

 

 

11. General Conditions.

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email, on an availability basis.
3. You understand that Diabase uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Diabase, or any other Diabase service.
5. You may not reverse engineer or reuse source code that is in public view. This includes any and all JavaScript. The code is copyright Diabase.
6. You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer or exploit any portion or content of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by Diabase.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Diabase customer, employee, member, associate or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, might be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMS's, commercial or “spam” messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. Diabase does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Diabase shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, resources of any kind or other intangible losses (even if Diabase has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Liability of Diabase or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Diabase or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if Diabase or Information Provider has been advised of the possibility of such damages. 14. The failure of Diabase to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Diabase and govern your use of the Service, superseding any prior agreements between you and Diabase (including, but not limited to, any prior versions of the Terms of Service).
15. Questions about the Terms of Service should be sent to support@Diabase.com.
16. Neither Diabase nor anyone else involved in the creation, production or delivery of the materials and services contained therein, shall be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use, misuse or inability to use Diabase.com. 17. Your login may only be used by one person. A single login shared by multiple people is not permitted. 18. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others related in anyway to your account).
19. You must not misrepresent yourself or take on the identity of someone else while using this service.
20. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
21. Diabase is in no way obliged to provide the knowledge, training, coaching nor any other resource in order to help the user to use the site and its services, nor the systems and devices needed to gain access to it.

 

12. Medical Disclaimer.

Diabase does not supply clinical treatment information or medical advice. Any advice or information that you may receive through the web site is not a substitute for personal medical care. Diabase cannot and does not guarantee or warrant any of the medical or clinical information that you may receive through the web site. Any information or links on the web pages are for your convenience and the inclusion of the information or link on the web site does not imply any endorsement, guarantee, warranty or representation by Diabase of the quality or accuracy of the information, products or services provided to you. If you are in need of qualified medical information or support for your medical condition, we recommend that you contact your physician for clinical care immediately.

 

13. Confidential Information.

Any communications you send to this Internet Site or otherwise to Diabase. by electronic mail are on a non-confidential basis, but Diabase will refrain from reproducing, publishing or otherwise using data in any way or for any purpose while coupled with any personal identification information such as (name, user id, email addresses or other unique identifiers). Diabase shall be free to use the content of any such communications, disclosed therein, for any purpose including sales to diabetic meter manufacturers and/or marketing goods and services, provided it is not coupled with personal identification information, or use and display the information for statistical purposes, such as (but not limited to) region/area/individual averages, best performance, or any other purpose.

 

Privacy Policy

 

 

General Terms - Your privacy and the privacy of your data is very important to us. All data that you send us will be kept confidential. However, because we are dedicated to helping improve the lives of diabetics, data may be pooled into a collective database for the purpose of assessing general trends and outcomes, and for use by researchers or associates to assist in finding a cure or improvements in diabetic care. We will protect your privacy by removing all personal identifiers from any data that we pool into a collective database. We will not disclose to third parties any identifying data, including your name, mailing address, e-mail address or phone number without your express permission. To ensure the privacy of your data, never share your username and password with anyone unless you want them to have access to your data.

This Policy applies to all of the products, services and websites directly controlled by Diabase (collectively, herein Diabase Services). However, it does not apply to websites, sites, forums or any other service whose link may be shown at the Diabase website for informational, educational, reference, commercial or any other purpose. You are responsible for checking each one of their own privacy policies.

Diabase adheres to the American Medical Associations Guidelines for Medical and Health Information Sites on the Internet.

Affiliated sites - We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to Diabase in order to deliver the service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.

 

Links - Diabase may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.

Sharing account information and data - While we respect user’s data privacy, there are social networking and statistics sharing elements to the platform. We have implemented multiple levels of sharing access for a users account from which they can choose which works best for them.
Sharing allows a user to keep their diabetes support network, including their friends, family and physicians, informed on their diabetic health and progress. When a user views another statistics, they only see a read-only version of the stats, graphs and trends.

Personal information - We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with, sold, rented or made in any way available to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:

- It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
- We transfer information about you if Diabase is acquired by or merged with another company. In this event, Diabase will notify you -individually, through the site or through a modification of these Terms of Service- before information about you is transferred and becomes subject to a different privacy policy.

 

Information gathering and usage - When you register for Diabase we may ask for information such as your name, email address, address, gender and other only for statistical, user friendliness purposes. When you are ready to make your payment, we transfer only the name and address you've entered to our merchant account. We do not collect credit card information, security codes or PINs. Please check the privacy policy of our Merchant account provider www.Plimus.com .
Diabase uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

Cookies - A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive.
Cookies are required to use the Diabase service. We use cookies to record current session information and some of your preferences. No personal data is recorded in these cookies.

Data Storage - Diabase uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Diabase. Although Diabase owns the code, databases, and all rights to the Diabase application, you retain all rights to your data.

Disclosure of personal information - Diabase may disclose personally identifiable information under special circumstances, such as to comply with subpoenas, local law or when your actions violate the Terms of Service.
It may be necessary to share information in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including without limitation, fraud, situations involving potential threats to the physical safety of any person, or as otherwise permitted or required by law.

 

Changes - Diabase may periodically update this policy. We will notify by changing the Terms of Use and Privacy Policy or by placing a prominent notice on our site.

 

Questions - If you have any questions about this Policy, please feel free to contact us through our website or write to us at Privacy Policy, Diabase.

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