SweetSpot

SweetSpot Terms of Service

1. The SweetSpot Site

Welcome to the SweetSpotDiabetes.com website (the “Service”). The Service is owned by SweetSpot Diabetes Care, Inc. (“SweetSpot” or “us”). These Terms of Use (“Terms”) apply to your use of the Service. If you wish to use the Service, even if you only browse the Service and do not register, you must agree to these Terms. If you do not agree to the Terms, any use of the Service by you is unauthorized, and you should stop accessing the Service immediately. Your continued use of the Service will constitute assent to these Terms. Registering as a SweetSpot user will confirm your assent.

2. How It Works

SweetSpot lets you create a virtual health diary for diabetes management by uploading information from your monitor and other sources which is connected to your health care providers. You may not use the Service for any commercial purpose, including but not limited to buying, selling, advertising or offering goods or services. As long as you intend to continue using the Service, you will ensure that your account is registered under a current and valid e-mail address.

3. Restrictions on Content

You agree not to make any use of the Service to post or transmit any Content, or to promote any activity, that is unlawful under the laws, statutes, ordinances, or regulations (“Laws”) of any jurisdiction to which you or SweetSpot are subject, or contains or transmits any computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. The foregoing list is not necessarily exhaustive of types of Content we may deem inappropriate for the Service, in our sole discretion.

4. Restrictions on Activities

You agree not to make any use of the Service for any activity that is unlawful under the Laws of any jurisdiction to which you or SweetSpot are subject, or that interferes with the operation of the Service or places an undue burden on it.

5. Representations About Content

You agree to be responsible for all Content posted to the Service under your username or password. You represent and warrant to SweetSpot that you are either the owner of any Content posted under your username and password on the Service, or that you have all the rights necessary to grant the license set out in Section 6 of these Terms. You agree to pay any royalties or other sums owing to any third party for Content posted by you or under your password, and to indemnify and hold harmless SweetSpot from any claims, costs or liability incurred as the result of your violation of these Terms.

6. License to Content

You retain all ownership rights in any Content posted or transmitted by you through the Service to which you are entitled by law, and SweetSpot does not claim any ownership rights in any Content posted or transmitted by you through the Service. However, when you post any Content to the Service, you grant to SweetSpot a non-exclusive, fully paid, irrevocable, royalty-free license to use, distribute, reproduce, modify, adapt, and publicly display or perform such Content on the Service. It is necessary for you to grant this license in order for SweetSpot to operate the Service. You may remove any particular Content by deleting it from the Service.

7. Monitoring of Content

SweetSpot has no obligation to monitor user Content. However, SweetSpot has the right and ability to perform such monitoring, and the right (but not the obligation) to reject or remove any Content violative of these Terms.

8. Trademarks and Service Marks

The names “SweetSpot”, “SweetSpotDiabetes.com”, and the SweetSpot Logo are pending registered trademarks of SweetSpot or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by SweetSpot that appear on this site are the property of their respective owners.

9. Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Although the SweetSpot site exceeds industry standards for reliability and security, SweetSpot does not warrant that the Service will be available at any given time, secure, accurate or free of error. You use the Service at your own risk, and you assume the risk that the Service may provide incorrect information to you or your team members. SweetSpot makes no warranty of any kind with respect to user-generated Content, and specifically disclaims the implied warranties of merchantability, fitness, accuracy and non-infringement with respect to such Content.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL SWEETSPOT BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF SWEETSPOT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing, the potential liability of SweetSpot to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to SweetSpot for your use of the Service.

10. No Guaranteed Availability

SweetSpot reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently. We will use our best efforts to give you notice by e-mail at least 15 days before any planned shutdown of the Service. You agree that SweetSpot will not be liable to you for any modification, suspension or discontinuance of the Service.

11. Termination of Service to You

You agree that SweetSpot, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that SweetSpot will not be liable to you for any termination of your access to the Service.

12. Indemnity.

You agree to indemnify, defend and hold harmless SweetSpot and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service.

13. DMCA Copyright Notice and Takedown Policy.

If you are a copyright owner and you believe your work has been copied and used improperly on SweetSpot’s service, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the SweetSpot Service; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Contact our copyright compliance officer:
Copyright Compliance
SweetSpot Diabetes Care, Inc.
2538 NE 48th Ave
Portland, OR 97213

14. Severability & Waiver

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by SweetSpot of strict performances of any provision of these Terms will not be a waiver of or prejudice SweetSpot’s right to require strict performance of the same provision in the future or of any other provision of these Terms.

15. Entire Agreement

These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms. If SweetSpot needs to modify these Terms, we will provide notice to you by e-mail. If you do not agree to the proposed changes, you may (as your sole remedy) discontinue your use of the Service and/or delete your information from our active files.