1. Ownership; Use
All text, graphics, images, logos, photographs, videos, sounds, music, voiceovers, source and object code, algorithms, software, data, messages, posts, information and other materials appearing on or in the Services ("Content") are either owned by us, or provided through an arrangement with third parties. Insulet Corporation and any such third parties retain all intellectual and proprietary rights to the Content, and the Content is protected by United States and international intellectual property laws, including, but not limited to copyright. You may view, access, download, use and print (if applicable) the Content for your personal, non-commercial use, provided you retain all copyright and other intellectual property and proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by Insulet Corporation under this Agreement and the limited rights granted to you are revocable at any time, with or without notice to you.
In no event may you sell, transfer, assign, license, sublicense, or modify the Content or display, reproduce, perform, broadcast, modify, adapt, translate, make a derivative version of, sell, distribute, or otherwise use the Content in any way for any public or commercial purpose or provide it to any public or commercial website. You may not decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code or object code underlying the Services, or use any automatic tools to use or access the Services, or to otherwise use or access the Services for any unlawful purpose. You may not use the Services in any way that could overburden, damage or disable the Services and/or impair or interfere with other’s use of the Services. Deep linking, framing, and the use or posting of the Content on any other website, web-based communication channel, or in a network or similar environment permitting use or access by multiple users at the same time or for any purpose are expressly prohibited. We reserve all rights with respect to the Services not expressly granted herein and may discontinue the Services at any time, with or without notice to you.
Unless otherwise specified, the Services are intended for adult use in the United States of America. No information should be submitted to or posted to any of the Services by users under 18 years of age without the consent of their parent or legal guardian.
Any unsolicited information you provide to Insulet Corporation through your use of the Services or through any other means shall be and remain the exclusive property of Insulet Corporation. This includes, but is not limited to, information posted to any public areas of the Services, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All such Unsolicited Information shall be deemed to be non-confidential and Insulet Corporation shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Trademarks, service marks, and logos, including but not limited to Omnipod®, the Omnipod logo, Omnipod® Insulin Management System, the stylized name of Insulet Corporation, Podder™, Toby the Turtle™ and the Toby the Turtle character ("Marks") used and displayed on or in any of the Services are our registered and/or unregistered Marks in the United States of America and elsewhere, and nothing on or in the Services or in this Agreement should be construed as granting any license or right to use any Marks without our express prior written permission specifically for each use. Other product and company names mentioned herein may be service marks, trademarks, or registered service marks or registered trademarks of their respective owners.
2. Third-Party Websites
4. CONTENT INFORMATIONAL ONLY; CONSULT YOUR HEALTH CARE PROVIDERS
YOU UNDERSTAND THAT HEALTH CARE AND TREATMENT ARE COMPLEX SUBJECTS REQUIRING THE SERVICES OF QUALIFIED HEALTH CARE PROVIDERS. THE CONTENT PROVIDED ON OR IN THE SERVICES IS INFORMATIONAL ONLY AND NOT INTENDED AS MEDICAL OR HEALTH CARE ADVICE OR RECOMMENDATIONS TO BEUSED FOR DIAGNOSIS, TREAMENT OR FOR ANY OTHER INDIVIDUAL NEEDS. THE CONTENT IS NOT A SUBSTITUTE FOR MEDICAL OR HEALTH CARE ADVICE, RECOMMENDATIONS AND/OR SERVICES FROM A QUALIFIED HEALTH CARE PROVIDER. THE CONTENT MAY NOT BE RELIED UPON IN ANY WAY IN CONNECTION WITH YOUR PERSONAL HEALTH CARE, RELATED DECISIONS AND TREATMENT. ALL SUCH DECISIONS AND TREATMENT SHOULD BE DISCUSSED WITH A QUALIFIED HEALTH CARE PROVIDER WHO IS FAMILIAR WITH YOUR INDIVIDUAL NEEDS.
5. Disclaimer of Warranties and Limitations on Liability
Use of the Services is at your sole risk and Insulet Corporation assumes no responsibility for your use or access of the Services or any consequences thereof. Except for any express warranty stated on or in the Services, the Services, its Content, and all items offered for sale are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. INSULET CORPORATION DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION, AGREEMENT OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS OR ANY WARRANTY THAT THE SERVICES OR CONTENT WILL (i) MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) PROVIDE RESULTS THAT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) BE FREE FROM ANY ERRORS OR ANY DEFECTS, OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED.
IN NO EVENT SHALL INSULET CORPORATION BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO ANY PERSON, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so not all of this Section 5 may apply to you. INSULET CORPORATION'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Termination of This Agreement
We reserve the right, in our sole discretion, to suspend or terminate this Agreement and your access to all or any part of the Services or their Content, at any time and for any reason with or without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services or their Content at any time with or without prior notice or liability.
Your sole means for terminating this Agreement is to discontinue use of the Services.
If this Agreement is terminated, all sections shall survive the termination.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts. Any court of competent jurisdiction sitting within Middlesex County, Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Services or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.