ShugaTrak

ShugaTrak Website Terms of Service

Date of Last Revision: August 10, 2024

Welcome to the websites owned and/or operated by Applivate LLC and its affiliates (collectively, “ShugaTrak,” “we,” “us,” or “our”), including but not limited to ShugaTrak.com, its affiliate sites, subdomains, mobile and touch versions, and any associated applications (collectively, the “Site”). Your use of and access to the Site and any services, software or applications available on the Site is subject to these Terms of Use and our Privacy Policy (http://www.shugatrak.com/about/privacy/ (collectively, these “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, browsing or otherwise using the Site (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 at least thirteen years old and either 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. Those younger than 13 years old may not use this Site. You further agree that your access to and use of the Site 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, browse or use the Site.

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 posting on the Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of any of the Site 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 Site. It is your responsibility to regularly check the Site 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.

Certain ShugaTrak^® services and content available on the Site allow 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. Subject to our compliance with HIPAA, we may aggregate and de-identify Your Readings and comparable information from other users of the Site for any lawful purpose including, by way of example, for purposes of generating internal reports that may help us evaluate the effectiveness of the Site and make improvements to it, as well as developing a database of de-identified statistical information to be made available to insurers, researchers or health care providers.

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” 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.

1. Ownership and Restrictions on Use

ShugaTrak^® is the owner or licensee of all content and materials on the Site, including, without limitation, applications, software, videos, images, text, scripts, photos, graphics, animation, audio, audiovisual materials, downloadable materials, applications, and also including the look and feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site (the “Site Content”), as well as the ShugaTrak.com logo and certain other names, logos or marks displayed on or through the Site that constitute trademarks, trade names, service marks or logos owned or licensed by ShugaTrak^® (the “Marks”), and all other intellectual property rights covering or embodied by the Site Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content does not include Your Content, as defined herein. You do not acquire any ownership interests in any Site Content by accessing or using the Site or Site Content.

2. System Requirements

To access the Site, you will need a compatible Authorized Device (as defined herein), Internet access, and certain software that may require obtaining updates or upgrades from time to time. Certain features, including collecting Your Readings, will also require use of a glucose meter Bluetooth adapter. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these elements. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.

3. Your Use and Your Content; License Grant; Right to Monitor and Editorial Control

You may access, browse and use the Site and Site Content only for your personal, non-commercial use. You may log a reasonable number of Your Readings and transmit them to a reasonable number of people. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site or Site Content, except as expressly provided herein.

The Site and Site Content allow you to upload and share Your Readings. In addition, the Site and Site Content may allow you to post, upload, transmit or submit certain other materials, content, information or ideas to us through or on the Site (exclusive of Your Readings, “Your Content”). We treat Your Readings and Your Content in accordance with our Privacy Policy (http://www.shugatrak.com/about/privacy/). We do not ask for, nor do we wish to receive, any of Your Content that is confidential, secret or proprietary information through the Site, 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); and (iv) 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 Site, the Site Content, Your Content or its posting on, or submission to, the Site, 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.

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 regulations 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 our Site and Site Content, (b) improve the site, and (c) use Your Readings on an aggregated and anonymized basis for medical research and analysis, as well as the development of data-derived products useful in connection with the provision of medical, health insurance and other information-based services (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 Site, the Site Content, Your Readings or its posting on, or submission to, the Site, 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.

We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. While we shall maintain Your Readings in compliance with our Privacy Policy and all applicable laws, we may remove Your Readings from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Site and/or Site Content by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on access to certain Site Content or restrict your access to part or all of the Site or Site Content without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

4. Prohibited Conduct

You warrant and agree that, while accessing or using the Site, you will not:

reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit any portion of the Site or the Site Content unless permitted under these Terms or with the prior written authorization of ShugaTrak^® and any applicable licensors;
create derivative works of the Site Content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of ShugaTrak^® and any applicable licensors;
access or attempt to access another user’s account that you are not authorized to access;
incorporate Site Content into any hardware or software application;
impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, our licensors or anyone otherwise affiliated with us;
sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site Content to any third party;
remove any proprietary notices or labels on any Site Content;
use an inappropriate username or screen name;
insert your own or a third party’s advertising, branding or other promotional content on the Site or into any Site Content;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Site Content available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
use the Site or Site Content in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
use the Site or Site Content in violation of our intellectual property or other proprietary or legal rights or rights of any third party;
use the Site or Site Content in violation of any applicable law;
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 Site or the Site Content, including without limitation any security, digital rights management or data encryption components limiting access to Site Content;
post, transmit, publish or otherwise disseminate through the Site or the Site Content any of Your Content that, as we determine in our sole discretion: (i) 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; (ii) 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; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.

5. Your Registration and Your User Information

Some of the Site Content may only be available if you create an account. When any of the Site Content or functions on the Site require you to register with us (“Your Registration”) or otherwise provide user information (“Your User Information”), you must complete the registration process by providing us with complete and accurate information. You grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Site, the Site Content 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, if provided, your credit card account or other payment account information) to maintain your account and to bill any fees you may incur to your credit card or other payment account.

You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities on the Site 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 760 Chapel Street, New Haven, CT 06510.

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. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove Your Content from the Site. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Site. Once Your Registration is terminated or allowed to lapse, we may delete Your Readings from our archives and, accordingly, it is likely we will not be able to recover Your Readings once we have deleted them. We reserve the right to maintain an archived copy of Your Readings after Your Registration is terminated or allowed to lapse for any reason, and to use any previously collected copies of Your Readings for any purpose authorized by these Terms, but we have no obligation to in fact maintain an archived copy of Your Readings. If you wish to ensure that a copy of Your Readings is not maintained by us, you may send us a written request to purge Your Readings to Applivate LLC, 760 Chapel Street, New Haven, CT 06510, and we will do so within ninety (90) days of receipt of your request; however, keep in mind that we will be deleting electronic copies, which may nevertheless be retrieved by forensic methods even after they have been deleted. Even if we delete Your Readings, Your Readings will continue to be part of any non-identifiable aggregations of data created on or prior to the date Your Registration is terminated or allowed to lapse. Registrations terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated.

6. Submission of Your Ideas and Suggestions

While you are encouraged to share ideas and suggestions through your use of the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. If you submit Your Content that constitutes ideas, suggestions, know-how, concepts, techniques, comments, criticisms or reports or other feedback (“Feedback”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable (through multiple tiers), fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale, import or make any other use of Feedback in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Feedback is original to you, that you own or otherwise control all of the rights in your Feedback, or that you have the rights necessary to grant to us the license to your Feedback granted herein, and that your Feedback do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. Notwithstanding the foregoing, nothing in these Terms shall impose any obligation or requirement on us to proceed with or conclude any agreement or transaction with you concerning any such Feedback. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST ANY FEEDBACK ON OR THROUGH THE SITE.

7. Termination

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site or Site Content. If you fail, or ShugaTrak^® suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of any fees due, failure to provide ShugaTrak^® with a valid credit card or other payment account (if applicable), or if Your User Information is inaccurate, failure to safeguard Your User Information, violation of any license to Site Content (including without limitation, the Application), or infringement or other violation of third parties’ rights, ShugaTrak^®, at its sole discretion, without notice to you may: (i) terminate your license to any rented or purchased Site Content, and/or your user account, without refund of any fees, and you will remain liable for all amounts due under your user account up to and including the date of termination; and/or (ii) terminate the streaming license to applicable Site Content; and/or (iii) preclude access to the Site and Site Content (and any part thereof).

ShugaTrak^® reserves the right to modify, suspend, or discontinue the Site and/or access to any Site Content, or any part thereof, at any time and without notice to you, and ShugaTrak^® will not be liable to you should it exercise such rights, even if your use of Site Content is impacted by the change.

8. Objectionable Content

Site Content may include content that you deem offensive, indecent or objectionable. You agree that your use of the Site, including access to such Site Content, 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.

9. Links to Third-Party Websites

The Site and Site Content 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 the Site and Site Content. If you use these links, you will leave the Site. 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 them or their owners or operators, 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.

10. Linking to the Site

You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.

11. Warranty Disclaimers

We administer, control and operate the Site from our offices in the State of Connecticut, the United States of America. The Site is accessible world-wide; however, some of its features, functions or Site 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 Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, 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 Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.

The Site 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 Site.

Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.

We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.

THE SITE AND SITE CONTENT ARE 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 SITE CONTENT 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 SITE OR ANY SERVICES OR SOFTWARE PROVIDED IN THE COURSE OF YOUR USE OF THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE 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, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. 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 SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE 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 SITE IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE SITE.

12. 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 SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SITE CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, 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 SITE (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 SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

13. Notification and Counter-Notification of Claim of Copyright Infringement

We respect the intellectual property rights of others and require our users to do the same.

To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent: John Fitzpatrick, 760 Chapel Street, New Haven, CT 06510, 203-350-0103, .

Do not contact us using this contact information for anything other than for notifying us of a claim of copyright infringement. For all other inquiries, please contact us at .

Your notice must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative sample of such works or a link or URL to such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as a link or URL to all such material at the Site;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described herein, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.

If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications is as follows:

To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth herein, with a written communication that sets forth the items specified herein.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter-notification, please use the following format (including section numbers):

Identify the specific URLs of (or other information sufficient to allow us to identify) material that we have removed or to which we have disabled access.
Provide your full name, address, telephone number, email address and, if you are a registered user, the user name of your user account.
Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S.A., the Federal District Court for the District of Connecticut, and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined herein, or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
Send the communication to our designated copyright agent using the contact information provided herein.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of Connecticut. If you do wish to file a counter-notice, you should follow the process set forth herein under the heading “Elements of Counter-Notification.”

If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Site infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided herein in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth herein.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

14. Notices.

ShugaTrak^® may send you notices by sending an email message to the email address listed in Your User Information or by a posting on the Site. Notices shall become effective immediately upon their distribution or posting.

15. 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.

16. Governing Law.

The Site and Site Content are controlled and operated by ShugaTrak^® 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 Site and Site Content. 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 Site, these Terms and all matters relating to your access to, and/or use of, the Site, 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.

17. Entire Agreement.

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site and Site Content, including, without limitation, our Privacy Policy, provided, however, that these Terms shall prevail in the event of a conflict with any such other documents. These Terms, including any applicable end user license terms for software applications available from ShugaTrak^® that you may install, 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 Site and all matters relating to your access to, and/or use of, the Site and Site Content. 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.