This Terms of Service Agreement sets forth the standards of use of the Diabetes Naturally app and Diabetes Naturally.com website (the ‘Service’). By using the Service, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreements without prior notice. Modifications will take effect immediately once they are posted on the www.DiabetesNaturally.com website or Diabetes Naturally app. Your continued use of this Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Diabetes Naturally provides Member with online tracking/mobile phone synchronization of our Smart phone Diabetes Naturally software. Member must provide (1) all equipment necessary for their own internet connection, including computer, modem, Smart Phone, or similar devices (2) provide for Member’s access to the internet, and (3) pay any fees related with such connection.
Disclaimer of Warranties
Diabetes Naturally provides the Service on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Diabetes Naturally makes no representations or warranties of any kind, express or implied regarding the use or the results of this Service in terms of its correctness, accuracy, reliability, or otherwise. Diabetes Naturally shall have no liability for any interruptions in the use of this Service. Diabetes Naturally disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefor the above- referenced exclusion is inapplicable.
Limitation of Liability
Diabetes Naturally SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DIABETES NATURALLY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES RELATED TO ANY HEALTH ISSUES OR RELATED IMPLICATIONS, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF RELATED TO THIS SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE EVEN IF DIABETES NATURALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISGICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
The Service should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other healthcare provider. The Service does not promote or recommend any particular form of medical advice or suggest you delay in seeking it because of something you have read or inferred here. Information accessed through this Service is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded.
Member agrees to indemnify and hold Diabetes Naturally, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of this Service using Member’s computer or device, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Diabetes Naturally reserves the right to modify or discontinue the Service with or without notice to the Member. Diabetes Naturally shall not be liable to Member or any third party should Diabetes Naturally exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Diabetes Naturally does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
This agreement is governed by the laws of the Florida, in the United States of America and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that the Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Victoria.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Diabetes Naturally retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as ‘command and control’ points for botnets, Diabetes Naturally reserves the right to direct the involved hostnames to honeypot, loopback address, logging facility, or any other destination at our discretion.
We may use anonymous (ie non-personally identifiable) copies of any data you upload or enter for our own research.
Rights of Use
This Service may only be used for its intended purpose. Any attempt to use the Service to send spam will result in your membership being terminated without a refund. Also you will be liable for any damages including any perceived damage to our brand. Any attempt to hack the Service or allowing others to use your account to hack the Service result in your membership being terminated without refund. Your membership can be terminated without a refund for publicly posting your username and password. Any violation of the above Terms or acts we feel are damaging to our Service can result in your membership being terminated without refund.
Sale of Company We reserve the right to sell the company at any time. The sale of the company will not affect the length of the currently paid memberships.
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions(any partially- enforceable provision ) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Diabetes Naturally, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a member.