Date of Last Revision: August 10, 2024
Your use of the ShugaTrak® Mobile Application (the “Application”) is subject to this License, the Terms of Use (http://www.shugatrak.com/about/tos) for this Site and our Privacy Policy (http://www.shugatrak.com/about/privacy) (collectively, the “Terms”). These Terms, which include and incorporate the Privacy Policy, are a legal agreement between you and ShugaTrak®, and they contain important information on your legal rights, remedies and obligations.
Please read and carefully review these Terms. By accessing or using the Application (i) you acknowledge that you have read, understood and are agreeing to be bound by these Terms and that you will comply with all applicable laws, regulations, rules and policies; and (ii) you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, or if you are a minor, you have obtained the consent of your parents or legal guardian and are able and competent to comply with these Terms and grant ShugaTrak® rights as detailed in these Terms, but are in no event younger than 13 years old. You further agree that your access to and use of the Application are valuable benefits that you receive by agreeing to and complying with these Terms. If you do not agree to these Terms, you may not access or use the Application.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms or the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms or by otherwise notifying you through the Application, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of the Application after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Application. It is your responsibility to regularly check the Application to determine if there have been changes to these Terms and to review such changes. You agree that we shall not be liable to you for any delay or other damages that might result from any changes to the Terms, if any. You can contact us with any questions or concerns you may have about these Terms at or via mail at Applivate, LLC, 760 Chapel Street, New Haven, CT 06510.
The Application allows you to log and store personal health information such as blood glucose readings (“Your Readings”). ShugaTrak® complies with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including without limitation, the Security and Privacy rules promulgated pursuant to HIPAA. Your privacy is very important to us and we safeguard against unauthorized access to user data and treat such user data as set forth in our Privacy Policy (http://www.shugatrak.com/about/privacy).
When collecting Your Readings using ShugaTrak® services and content available on the Site, you may designate one or more persons (your “Designee”) to have access to Your Readings via the Site or the ShugaTrak® application accessible by smartphone or tablet computer. Typically, users designate a family member, guardian, school official or medical professional. Please select your Designee carefully, as your Designee will not be bound by our Privacy Policy and ShugaTrak® is not responsible for breaches of your personal health information committed by your Designee. You are of course free to have your own agreement with your Designee governing your Designee’s use of Your Readings and related personal health information.
Accordingly, we recommend discussing with your Designee in advance what privacy policies, if any, will apply to his/her treatment of Your Readings and personal health information. Keep in mind that Your Readings may be transmitted to your Designee(s) via email, text messaging or comparable means now known or hereafter developed, and that these means of transmission may not be secure. See our disclaimer below under the heading “Warranty Disclaimers,” [insert link] regarding limitations on the security of information transmitted via the Internet or other means of telecommunication.
Your use of ShugaTrak® services and content available on the Site is not intended to substitute for a physician-patient relationship, and ShugaTrak® is not responsible for how Your Readings and personal health information is used.
SHUGATRAK® DOES NOT MONITOR YOUR READINGS ON A REAL-TIME BASIS. In the event of a medical emergency, call 911. By your use of ShugaTrak® services and content, you acknowledge that ShugaTrak® is not providing you with medical advice, diagnoses or opinions, and pursuant to the “Warranty Disclaimers” section herein, you acknowledge that by your acceptance of these Terms, you unconditionally waive and release any claim against us that any ShugaTrak® product, services and/or content may be considered to include medical advice, diagnoses, opinions, services or products. We specifically disclaim any liability concerning any action that any person may take based on any information and/or services provided at the Site or via ShugaTrak® services and content.
License Grant
ShugaTrak® grants you a personal, limited, non-exclusive, non-transferable, non-assignable license to use the Application in connection with a mobile phone, tablet, computer or other electronic device for which the Application has been designed, solely provided that you agree to and abide by all of these Terms. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Application or any Application Intellectual Property Rights, as defined herein, of ShugaTrak® and/or its licensors, as applicable. By accessing or otherwise using the Application, you acknowledge and agree that these Terms constitute a legally valid contract, the terms and conditions of which are binding on you, and you further agree to take all necessary steps to ensure that the Terms are not violated by any family member or other person or entity under your control, in your service or to which you afford access to the device on which the Application is installed. These Terms grant you the right to use the Application for personal use only. Commercial use of the Application is not permitted under these Terms. You are expressly prohibited from (a) copying, modifying, merging, altering, adapting, selling, licensing, redistributing, or transferring in any manner, the Application or any portion thereof; (b) renting, leasing or otherwise transferring rights to the Application; (c) reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Application; (d) using the Application in any manner that could interfere with any party’s use or enjoyment of the ShugaTrak.com website and/or Application, including, without limitation, sending mass unsolicited messages or “flooding” servers. You may not remove, alter, deface, or otherwise obscure patent, trademark, service mark, logo or copyright notices contained in the Application or any other software applications available for download from ShugaTrak®.
Uploads
The Application, in conjunction with a Bluetooth adapter for your glucose meter, collects and transmits Your Readings, which you may review by logging into your user account at ShugaTrak.com and/or select to have transmitted via text message or e-mail to your Designee. Certain additional features of the Application may allow you to post, upload, transmit or submit certain photographs, pictures, graphics, materials, content, text, files, sound, data, information or ideas to the Application (exclusive of Your Readings, “Your Content”). By providing Your Readings to us, you: (i) represent and warrant that you have the rights necessary to grant to us the license to Your Readings granted herein, and that the granting of such license does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) subject to our compliance with HIPAA and all other applicable laws and regualtions governing privacy, grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party, to use Your Readings to (a) provide you with the services available through the Application, (b) improve the site, and (c) use Your Readings on an aggregated and anonymized basis for medical research and analysis, (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights derived from such uses of Your Readings including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iv) to the fullest extent allowed under applicable law, shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Application, Your Readings or its posting on, or submission to, the Application, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You may only submit Your Content for which you own or have secured all rights necessary to grant to ShugaTrak® the licenses described herein. We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Application, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted herein, and that Your Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) represent that you have no expectation of compensation or confidentiality of any nature with respect to Your Content and that we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to Your Content; (iii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); (iv) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to use all trademarks, trade names and the names and likenesses of you and any individuals that appear in Your Content; (v) waive all claims of any “moral rights” or “droit moral” in Your Content, which shall include without limitation sharing Your Content with the public, retracting Your Content from the public, asserting ownership of Your Content, objecting to any modification of Your Content, and similar rights arising under any laws of any jurisdiction of the world or under any treaty regardless of whether such rights are generally referred to as moral rights; and (vi) shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Application, Your Content or its posting on, or submission to, the Application, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. If you are under the age of majority in their state of residence, you may not submit Your Content. You agree that we are under no obligation to use or include Your Content in the Application, and we reserve the right, in our sole discretion, and for any reason, to remove, refuse or not make available any of Your Content. You agree that you will not submit Your Content that (i) contains any personally identifiable information about any child under the age of 13; (ii) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (iii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iv) may incite violence or other unlawful activity; or (v) is harmful to children in any manner.
Third Party Websites
The Application may contain links to websites of third parties, including, without limitation, advertisements of third party products and services and “buy” links to third party vendors or retailers to purchase products or services featured on or identified using the Application. If you use these links, you will leave the Application. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about such websites, the products or services offered at such websites, or the owners or operators of such websites, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
User Information
A user account is required to access the Application. Upon installing the Application, you must register with us (“Your Registration”) with complete and accurate user information (“Your User Information”). You grant to us and to all other persons and entities involved in the operation of the Application the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Application and as otherwise provided herein. Our information collection and use policies with respect to the privacy of Your User Information are set forth in our Privacy Policy (http://www.shugatrak.com/about/privacy), which is incorporated in these Terms by reference for all purposes. You further agree to maintain and update Your User Information as required to keep it accurate, current, and complete. You agree that ShugaTrak® may store and use Your User Information (including your credit card account or other payment account information if applicable) to maintain your account, to bill any incurred fees to your credit card or other payment account, and that ShugaTrak® may provide Your Readings to those whom you designate to receive Your Readings in the Application. You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities on the Application that occur under Your Registration or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your User Information, and of any and all other security breaches. If you believe your ShugaTrak® Member ID or/and Password has been lost or stolen, contact ShugaTrak® Customer Service at or Applivate, LLC, 760 Chapel Street, New Haven, CT 06510. Any information you provide to ShugaTrak®, including any payment information provided, is handled in accordance with ShugaTrak®’s Privacy Policy, available at (http://www.shugatrak.com/about/privacy). We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Application. If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the user account section of the Application. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated.
Application Use
You agree that you will not log an unreasonable number of Your Readings nor will you transmit them to an unreasonable number of people. You agree that you will not transmit to ShugaTrak® any software viruses or other code, files or programs designed to interfere with, harm or limit the functionality of any software, hardware or telecommunications equipment, nor will you attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Application, including without limitation any security, digital rights management or data encryption components limiting access to the Application. You agree that you will not obtain or attempt to gain unauthorized access to other computer systems, materials or information available on or through the Application through any means, including through means not intentionally made publicly available or provided through the Application, and you will not engage in any unauthorized means to obtaining lists of users, user account information of third parties or other information from or through the Application, including, without limitation, any information residing on any server or database connected to the Application. You agree that you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Application, ShugaTrak.com, our licensors or anyone otherwise affiliated with us. You must comply with any applicable third party agreements when using the Application (for example, your internet service agreement or mobile data plan). You acknowledge that it is a violation of these Terms to use the Application for any purpose that is prohibited by law. You agree that the Application will not be shipped, sent, transferred or exported into any other country, or otherwise used, in any manner prohibited by any government agency or any export laws, restrictions or regulations. You acknowledge that the exportation of the Application or any portion thereof may be a criminal violation of United States laws governing the export of technology. You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Application, including but not limited to the object code and any documentation and help files.
Application Intellectual Property Rights
ShugaTrak® and/or its affiliates own certain rights relating to the Application that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, trade secret law, trademark law, or other similar laws (collectively, the “Application Intellectual Property Rights”), regardless of whether such Application Intellectual Property Rights are registered or perfected and regardless of whether such Application Intellectual Property Rights accrue to ShugaTrak® directly or by an express or implied license from others. ALL APPLICATION INTELLECTUAL PROPERTY RIGHTS ARE OWNED BY, AND SHALL REMAIN WITH, SHUGATRAK® AND/OR ITS LICENSORS WHERE APPLICABLE, AND YOUR RIGHTS UNDER THESE TERMS DO NOT DIMINISH, TRANSFER OR OTHERWISE AFFECT SHUGATRAK®’S (AND/OR ITS LICENSORS WHERE APPLICABLE) RIGHT, TITLE AND INTEREST IN THE APPLICATION INTELLECTUAL PROPERTY RIGHTS. All rights not expressly licensed to you in these Terms are expressly reserved by ShugaTrak® and its licensors. By your use of the Application, you agree that you will not use the Application in violation of our Application Intellectual Property Rights or other proprietary or legal rights or rights of any third party, and you will not:
Warranty Disclaimers
We administer, control and operate the Application from our offices in the State of Connecticut, the United States of America. Some of the Application’s features, functions or content may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Application is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Application may not be legal in your jurisdiction. If you choose to access or use the Application, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Application to any person and geographic area. Any offer for any feature or function made on the Application is void where prohibited.
The Application provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Application.
For content available on the Application which has been provided by the Application’s users or other third parties, except for the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content. We do not independently verify the representations and warranties made by the users or other third parties with respect to such content, nor do we guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Application or any Application content. We are not liable for any errors, omissions, or inaccurate content available on the Application.
THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE APPLICATION AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. YOU ACKNOWLEDGE THAT THE INTERNET AND OTHER MEANS OF TELECOMMUNICATION NOW KNOWN (E.G., TEXT MESSAGING, EMAIL AND WIRELESS TELECOMMUNICATIONS NETWORKS) OR HEREAFTER DEVELOPED ARE INHERENTLY INSECURE AND VULNERABLE TO MIS-USE, UNAUTHORIZED USE, MANIPULATION, INTERCEPTION AND ERROR. WE DO NOT WARRANT THAT THE APPLICATION OR ANY TEXT, EMAIL OR OTHER COMMUNICATION INITIATED (WHETHER BY US OR BY YOU) IN THE COURSE OF YOUR USE OF THE APPLICATION WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE APPLICATION AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF, THE APPLICATION OR YOUR DOWNLOADING OF THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE APPLICATION.
Limitation of Liability
EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION OR WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL WE BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE APPLICATION (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE APPLICATION OR FOR ANY OF YOUR ACTIVITIES ON THE APPLICATION DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
Indemnification
You agree to indemnify and hold harmless ShugaTrak®, its parent companies, subsidiaries and affiliates, and any of their officers, directors, shareholders, agents and employees, from any claim made by any third party arising directly or indirectly out of your use of the Application, including without limitation any alleged violation of these Terms or the Privacy Policy and any alleged violation of any applicable law or regulation. ShugaTrak® reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at its own expense, but its doing so will not excuse your obligation to indemnify.
Objectionable Content
The Application may include content that you deem offensive, indecent or objectionable. You agree that your use of the Application is at your sole risk, and ShugaTrak® shall have no liability to you for content that may be found to be offensive, indecent or objectionable.
Notices
ShugaTrak® may send you notices by sending an email message to the email address listed in Your User Information or by a posting displayed on the Application. Notices shall become effective immediately upon their distribution or posting.Assignment
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law
The Application is controlled and operated by Applivate from its offices in the State of Connecticut, the United States of America. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application. You agree that the laws of the United States of America and the laws of the State of Connecticut, without regard to the principles of conflicts of laws, will govern your use of the Application, these Terms and all matters relating to your access to, and/or use of, the Application, including all disputes between you and ShugaTrak®. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New Haven County, Connecticut, and the related appellate courts, in any related action or proceeding.
Entire Agreement
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions displayed in the Application, including, without limitation, our website Terms of Use and our Privacy Policy, provided, however, that these Terms shall prevail in the event of a conflict with any such other documents. These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Application and all matters relating to your access to, and/or use of, the Application. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form. If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to us.
© 2013 – Applivate LLC. All Rights Reserved.