Last Update: Aug 2009
Please read this agreement carefully before accessing or using
the SugarStats.com service. By accessing or using this service, you
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, you may not access
or use this service. Sugarstats LLC 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.
This information 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 SugarStats.com service does not promote or
recommend any particular form of medical treatment.
SugarStats LLC and Information Providers make no warranty as to
the reliability, accuracy, timeliness, usefulness or completeness of the
information.
SugarStats LLC and Information Providers 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 online 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.
SugarStats LLC and Information Providers 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 or other code
that manifest contaminating or destructive properties.
SugarStats LLC 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 SugarStats, LLC prohibits such conduct and
Content on the Service, you understand and agree that SugarStats, LLC 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, SugarStats LLC grants to you, subject to the terms of this
Agreement, a non-transferable and non-exclusive license to use any software
and documentation, together with all updates, enhancements, modifications, and
fixes thereto, which are owned by SugarStats LLC and/or its Licensors.
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 SugarStats.com Service.
3. Operating Policies.
You
agree to comply with the Operating Policies set forth in Exhibit A which are
the rules that govern user activity in connection with the SugarStats.com
Service as they may be amended by SugarStats.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 SugarStats.com Service.
4. Indemnification.
You agree
to indemnify, defend and hold harmless SugarStats LLC, its officers,
directors, employees, agents, licensors, suppliers and Licensors (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 SugarStats.com
Service using your SugarStats.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 State of Hawaii
in the United States of America, without giving effect to its conflict of laws
provisions or your actual state or country of residence. Any claims, legal
proceeding or litigation arising in connection with the Service will be
brought solely in Hawaii in the United States of America, and you consent to
the jurisdiction of such courts.
7. Payment, Refunds, Upgrading and Downgrading
Terms
1. A valid credit card is required for paying accounts. Free
accounts are not required to provide a credit card number.
2. The Service is billed in advance on a monthly basis and 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. 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, excluding only United States (federal or state)
taxes.
4. 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.
5. Downgrading your Service may cause the loss of Content,
features, or capacity of your Account. SugarStats, LLC does not accept any
liability for such loss.
8. Cancellation and Termination
1. You are solely responsible for properly cancelling your
account. An email or phone request to cancel your account is not considered
cancellation. You can cancel your account at any time by clicking on the Lists
& Settings link in the global navigation bar at the top of the screen. The
Account screen provides a simple no questions asked cancellation link at the
bottom.
2. All of your Content (text and files) will be immediately
deleted from the Service upon cancellation. This information can not be
recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid
up month, your cancellation will take effect immediately and you will not be
charged again.
4. SugarStats, LLC, 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 SugarStats, LLC 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. SugarStats, LLC reserves
the right to refuse service to anyone for any reason at any time.
9. Modifications to the Service and
Prices
1. SugarStats, LLC 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 SugarStats, LLC Site (www.SugarStats.com) or the Service itself.
3. SugarStats, LLC 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 under your account make any
chat content or transcripts public, you agree to allow others to view and
share your Content.
2. SugarStats, LLC does not pre-screen Content, but SugarStats,
LLC 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©2006-2008
SugarStats, LLC. 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 SugarStats, LLC.
The entire contents of
the SugarStats.com Service are copyrighted as a collective work under
copyright law. SugarStats LLC holds the copyright in the collective work. The
collective work includes works which are the property of SugarStats LLC
Licensors which are also protected by copyright and other intellectual
property laws.
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.
3. You understand that SugarStats, LLC 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,
SugarStats, LLC, or any other SugarStats, LLC 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
SugarStats, LLC.
6. You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, computer code that
powers the Service, or access to the Service without the express written
permission by SugarStats, LLC.
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 SugarStats, LLC customer, employee, member, or
officer will result in immediate account termination.
9. You understand that the technical processing and transmission
of the Service, including your Content, may be transfered
unencrypted(unless you
have a paid account includes SSL encryption)
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,
SMSs, or “spam” messages.
11. You must not transmit any worms or viruses or any code of a
destructive nature.
12. SugarStats, LLC 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 SugarStats, LLC 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 or other intangible losses (even if SugarStats, LLC 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 SugarStats LLC 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 SugarStats LLC 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 SugarStats LLC or Information Provider has been
advised of the possibility of such damages.
14. The failure of SugarStats, LLC 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 SugarStats, LLC and govern your use of the Service,
superceding any prior agreements between you and SugarStats, LLC (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@SugarStats.com.
16. Neither Sugarstats LLC 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 sugarstats.com.
17. Your login may only be used by one person – a single
login shared by multiple people is not permitted. You may create separate
logins for as many people as you'd like with separate email addresses.
18. You are responsible for all Content posted and activity that occurs
under your account (even when Content is posted by others who have accounts
under your account).
19. You must not misrepresent yourself or take on the identity of
someone else while using this service.
2o. 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).
12. Medical Disclaimer
SugarStats 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. SugarStats 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 SugarStats 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
SugarStats LLC. by electronic mail are on a non-confidential basis, but
SugarStats 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 (full name, email addresses or other unique
identifiers) unless the users accounts sharing/privacy setting is set to Public.
SugarStats LLC. 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.
14. Community, Groups, Forums and Topic Discussions
SugarStats provides user interaction features such as community sections,
groups, forum discussions and topical discussions. All public groups and community
sections are public and available for anyone to see as well as be indexed by any search engine.
By participating in discussions, group comments etc, you agree that all content will be
publicly accessible and searchable.
15. Aggregated Community/Group Graphs and Stats
SugarStats will provide functionality to aggregate community and group
stats and graphs for all to see. By joining a group and being a member of the site your
anonymous statistics will be included in these aggregates. No personal information in community
or group graphs will be presented.
