Terms of Use
LAST UPDATE: 10 June 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Use describe rules for visitors to this CareLinkTM System website. This website is owned and operated by Carelink TM, Inc. (“Carelink Diabetes”). Carelink Diabetes and its affiliates also operate other websites. These Terms of Use only apply to this website, and do not apply to any other websites operated by Carelink Diabetes, its affiliates, or any third party. You should review the terms of use posted on those websites when you visit them.
These Terms of Use were last revised on the date set forth on the last page hereof. We may change these Terms of Use at any time, and request that you review these Terms of Use each time you visit the website. By using this website, you accept the most recent version of these Terms of Use.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. INFORMATION ONLY; NOT FOR MEDICAL ADVICE.
This website is not intended to and does not render medical advice. Website content is not in any way a substitute for professional medical examination or assessment of a patient’s condition by a healthcare professional. All content is general in nature, is presented in summary form, and is provided for information purposes only to support collaboration between a healthcare professional and his/her patient. This website is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. Do not rely on content, guidelines, products, or any other service offered by or through Carelink Diabetes or this website for making a medical or clinical diagnosis or decision, or for prescribing management or treatment for a patient’s condition.
ABOUT THE INFORMATION ON THIS WEBSITE. The software described on this website is a web-based system provided by Carelink Diabetes to support healthcare professionals in order to take information from diabetes management tools – including insulin pump(s), continuous glucose monitor(s), blood glucose meter(s) – and organize it into charts, graphs and reports. Health care professionals are expected to exercise their independent judgment and discretion for patient diagnosis and treatment. This website contains information about products or therapies authorized in the supported countries and is intended for the audiences in the supported countries. You may see information on this website about products or therapies that are not available or authorized in your country. Please check the homepage, at the following link: https://www.TeamCarelink.com to see whether the product is available in your country of residence. Carelink Diabetes uses reasonable efforts to provide up-to-date and accurate information on this website, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. Carelink Diabetes reserves the right to change or discontinue at any time any aspect or feature of this website. Carelink Diabetes shall not be liable for any damages or injury resulting from your access to, or inability to access, this site, or from your reliance on any information provided at this website. Carelink Diabetes reserves the right to discontinue any use that is abusive, illegal, disruptive, or that otherwise fails to conform to these Terms of Use. Accordingly, Carelink Diabetes reserves the right to terminate access to any or all areas of this website upon a breach of these Terms of Use and will cooperate with local authorities, if necessary to further prevent any proscribed illegal use of this website.
PRIVACY AND SECURITY POLICY. Carelink Diabetes is committed to protecting the privacy of everyone who uses this site. The collection, processing or use of your personal information by Carelink Diabetes as part of your use of the CareLink System website is governed by the Carelink Diabetes Privacy Policy, which can be consulted here: https://www.TeamCarelink.com/privacy-policy
OUR COPYRIGHTS AND TRADEMARK. The materials on this website belong to or are licensed to us and/or our affiliates. The materials are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this website only for your personal, non-commercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. We and/or our affiliates also own or have rights to use the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. An ® following a name on our website indicates that the trademark has been registered in the United States and other countries. A TM following a name on our website indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. There may be special rules for the use of materials provided on certain parts of this website. These special rules will be posted near the materials. If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
LINKS TO THIS WEBSITE AND USE OF Carelink MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this website. Carelink Diabetes reserves the right to revoke this license generally, or your right to use specific links, at any time. If Carelink Diabetes revokes this license, you agree to remove and disable any and all of your links to this website immediately. You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service, or in any other manner prohibited by or inconsistent with applicable laws. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you “frame” this website or any of its content or copy portions of this website to a server. You agree not to display or use any Carelink Diabetes logos or trademarks in any manner without our prior written permission.
LINKS TO OTHER WEBSITES. This website may contain links to websites not operated by Carelink Diabetes or its affiliates. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of Carelink Diabetes’ and/or any of its affiliates’ products or therapies that are not currently approved in the United States. We do not control or endorse this type of information, and inclusion of a link that may contain such information does not constitute an endorsement or recommendation of any product, or its use for any indication, that is not currently authorized in the United States. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.
NO ENDORSEMENTS. Carelink Diabetes does not recommend or endorse any opinions, specific tests, products, or procedures that may be mentioned on this site. Carelink Diabetes assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. Carelink Diabetes does not assume any liability for the contents of any materials provided on this website. Reliance on any information provided on this website is solely at your own risk. This website may from time to time provide sponsorships, links or references to other sites, but Carelink Diabetes is not endorsing these sites, products, services or their respective owners or their opinions. Carelink Diabetes has no responsibility for such other sites and shall not be liable for any damages or injury arising from that contact. Any links to other sites are provided merely as a convenience to the users of this website.
YOUR FEEDBACK, COMMENTS AND IDEAS. We are pleased to receive feedback, comments and ideas from visitors to this website, but we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (unless it is Personal Information), as explained in our Carelink Diabetes Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you thereby consent to the collection, processing or use of any personal information included therein and grant Carelink Diabetes an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that Carelink Diabetes is free to use them for any purpose.
NO WARRANTIES. THIS SITE, ITS LINKS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Carelink DIABETES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE EXTENT ALLOWED BY LAWS APPLICABLE IN YOUR JURISDICTION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Carelink DIABETES MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. Carelink DIABETES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED BY THE LAWS APPLICABLE IN YOUR JURISDICTION, YOU AGREE THAT NEITHER Carelink DIABETES NOR ANY PERSON OR COMPANY AFFILIATED WITH Carelink DIABETES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS Carelink DIABETES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT ENTITIES, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, TO THE EXTENT ALLOWED BY THE LAWS APPLICABLE IN YOUR JURISDICTION. Carelink DIABETES ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, PERFORMANCE, NONPERFORMANCE, INTERRUPTION, INFECTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF Carelink DIABETES AND ITS AFFILIATES OR SUPPLIERS. IF, NOTWITHSTANDING THE FOREGOING, Carelink DIABETES, ANY OF ITS AFFILIATES, OR ANY THIRD-PARTY PROVIDER OR DISTRIBUTOR SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS WEBSITE OR ITS CONTENT, THE TOTAL LIABILITY OF Carelink DIABETES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S.$100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS OR COUNTRIES. IN NO EVENT SHALL Carelink DIABETES, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF Carelink DIABETES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION. By your use of this website you agree to defend, indemnify and hold Carelink Diabetes, its affiliates, and their respective officers, directors, employees, agents, parent, and partners, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this website, including all content and services in a manner than violates or is alleged to violate these Terms of Use. Carelink Diabetes shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
RELATIONSHIP. The relationship between Carelink Diabetes and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, parents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
OTHER RULES ABOUT THIS WEBSITE. In addition to the rules in these Terms of Use and the Carelink Diabetes Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website, or when you follow a link from this website. Your obligations under these Terms of Use will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Use or the Carelink Diabetes Privacy Policy in a way that causes harm to others, you agree to hold Carelink Diabetes and its affiliates harmless against any liability for that harm. By using this website, you agree that the only proper jurisdiction and venue for any dispute with Carelink Diabetes or its affiliates, parent entities, employees, officers, directors, agents, and partners, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Carelink Diabetes or its affiliates, employees, officers, directors, agents, parent, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States. You may not assign, convey, subcontract or delegate your rights, duties, or obligations hereunder.
SEVERABILITY. The unenforceability or invalidity of any clause in these Terms of Use shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from these Terms of Use to the extent of its unenforceability and invalidity. Therefore, these Terms of Use shall be interpreted and enforced as if they did not contain the said clause to the extent of its unenforceability and invalidity.
