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Disclaimers and Terms

Disclaimers

Information provided or derived from the Site is not intended, or to be construed, as medical advice, diagnosis, or treatment.  The Site is not a substitute for consultations with qualified healthcare professionals who are familiar with individual medical needs.  We are not responsible for the medical care you receive from any medical provider, regardless of whether or not we referred you to their care.

Glucose Monitoring

Terms of Use

Last Updated: July 20, 2021

These Terms of Use (collectively, the “Agreement”) form a legally binding agreement between you (sometimes referred to as “you” or “your”) and Sunshine Senior Solutions LLC (collectively referred to as “Glucose Monitoring” “us”, “our”, or “we”) (You and Glucose Monitoring collectively referred to as the “Parties”).

We make the website that links to this Agreement (the “Site”) available for your use subject to the terms and conditions in this Agreement.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. DO NOT USE THE SITE IN ANY WAY IF YOU DO NOT AGREE TO THIS AGREEMENT.

Revisions to this Agreement
We may revise and update this Agreement from time to time and will post the updated Agreement to the Site. Unless otherwise stated in the amended version of the Agreement, any changes to this Agreement will apply immediately upon posting. Your continued use of this Site will constitute your agreement to any new provisions within the revised Agreement.

Your License to Use the Site 

    1. Ownership. All content prepared, posted or displayed by Glucose Monitoringand the Site design, layout, look, appearance, graphics and user interface on the Site, as well as the trademarks, service marks, logos, slogans and any other source-identifying marks contained or displayed on the Site (“Glucose Monitoring Content”) are owned by or licensed to Glucose Monitoringand are subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions.  Glucose Monitoringand its licensors reserve all rights not expressly granted in, and to, the Site and the Glucose MonitoringContent.
    2. License.  Except as otherwise provided in this Agreement, no part of the Site and no Glucose MonitoringContent may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use, without our prior express written consent.  On the condition that you comply with all your obligations under this Agreement, Glucose  Monitoring grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site.  Any use of the Site in excess of this license is strictly prohibited and constitutes a breach of this Agreement, which may result in the termination of your right to access and use the Site. Your access to the Site is provided on a temporary basis with no guarantee for future availability.  We reserve the right to withdraw or modify any content or services we provide on the Site without notice.
    3. Restrictions on Your Use of the Site

You agree that when using the Site, you will not:

      1. Delete, modify, or attempt to change or alter any of the Glucose Monitoring Content or notices on the Site.
      2. Introduce into the Site or One Stop’s servers any virus, rogue program, time bomb, drop dead device, ransomware, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Site or to otherwise harm other users, Glucose Monitoring Content, or any third parties, or perform any such actions.
      3. Use the Site to commit fraud, impersonate another person, or conduct other unlawful activities.
      4. Copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based.
      5. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for any reason.
      6. Use any Glucose Monitoring Content made available through the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party.
      7. Submit any content or communications through or relating to the Site that violates any rights of a third party, including copyright, trademark, patent, rights of publicity, or other proprietary right of any party.
      8. Submit any content or communications through the Site that is unlawful, harmful, hateful, threatening, abusive, violent, profane, discriminatory, prejudicial, disparaging, fraudulent, inaccurate, misleading, dangerous, offensive, indecent, harassing, threatening, intimidating, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable; or
      9. Use the information in the Site to create or sell a similar service.

Glucose Monitoring may suspend or terminate, in whole or in part, your access to the Site if you violate the terms and conditions set forth in this Section.

Your Privacy
Our Privacy Policy describes how we collect and use personal information about you collected through the Site.

Electronic Communications
If you provide a mobile phone number, you agree that we may send you informational text (SMS) messages, including through the use of automated dialer technology. To the extent that we send any advertising messages, you may opt out of receiving such messages from at any time by texting the word STOP in reply to the text message received or following other instructions provided. You acknowledge that granting us permission to contact you is not a condition for purchasing any property, goods, or services.  Message and data rates may apply. If you do not wish to continue receiving such messages, you agree to reply STOP to any mobile message from us in order to opt out. You may receive an additional message confirming your decision to opt out.

Disclaimer of Warranties

  1. General Disclaimers. THE SITE IS PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (i) YOUR USE OR THE RESULTS OF YOUR USE OF THE SITE; (ii) ANY ADVICE YOU GLEAN FROM THE SITE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION OR CONTENT.
  2. Effect of State Laws. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF ACCESS.

 

  1. Limitation of Liability GLUCOSE MONITORINGAND ITS AGENTS OR SUBCONTRACTORS, AND THEIR RESPECTIVE  SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, ASSIGNEES, AND SUCCESSORS-IN-INTEREST (COLLECTIVELY, THE “GLUCOSE MONITORINGPARTIES”), WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DEMANDS OR CAUSES OF ACTION, OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SITE AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF ONE STOP.

    YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE WILL BE TO STOP USING THE SITE.
    IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF ANY OR ALL OF THE GLUCOSE MONITORINGPARTIES, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR UNDER ANY THEORY, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF ONE THOUSAND U.S. DOLLARS ($1000.00 USD) OR YOUR DIRECT PROVABLE DAMAGES.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

    IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST ONE STOP.

Indemnification
To the fullest extent permitted by applicable law, you agree to hold harmless, indemnify, and defend the Glucose Monitoring Parties from and against any and all claims (including liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees): (a) alleging injury, damage, or loss resulting from your use of the Site; (b) relating to any act or omission by you which is a breach of your obligations under this Agreement or applicable law; or (c) otherwise relating to your use of the Site.

You will have the right to defend and compromise such claim at your expense for the benefit of the Glucose Monitoring Parties; provided, however, you will not have the right to obligate the Glucose Monitoring Parties in any respect in connection with any such settlement without the prior written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend or if Glucose Monitoring elects to defend such claims itself, the Glucose Monitoring Parties may do so to protect their interests and you will reimburse all costs incurred by the Glucose Monitoring Parties in connection with such defense.

Miscellaneous Terms

  1. Complete Agreement.  This Agreement constitutes the entire agreement between you and Glucose Monitoring relating to your use of, and access to, this Site and supersedes any prior or contemporaneous agreements or representations.  This Agreement may not be amended except as set forth in Section 1 of this Agreement.
  2. Governing Law; Venue.  This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the state of Florida without regard to that state’s conflict of laws provisions. Venue of any dispute as between the parties shall exclusively be vested in Palm Beach County, Florida.
  3. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted.  Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
  4. Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.
  5. No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
  6. No Assignments and Transfers. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
  7. You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided in Section 9, below.  Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Glucose Monitoring with up-to-date contact information, which you may do by notifying us.  You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

Contact Us
If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail office@sunshineseniorsolutions.com

 

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