Terms of Use

These Terms of Use are effective as of November 11, 2011 and are between you and A D Medical Supply, Inc. A D Medical Supply, Inc. and its corporate affiliates (collectively, “us”, “we,” “A D Medical Supply, Inc.,” or “the Company”), with a principal place of business at 1525 W. Homer Street, Suite 101, Chicago, IL 60642, for the use of the www.AmericasDietitians.com, www.ADMedicalInc.com, and www.LatinosConDiabetes.com websites (hereinafter referred to as “the Website”).  The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Website. The Company will not be bound by any additional or different terms on product order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Terms” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use.

Use of the Website

The Website is designed to provide products, support, assistance and information about diabetes. The information and services offered on this Website are provided solely for general information, and are not intended to (a) replace any advice or counsel from licensed medical professionals; (b) constitute medical advice or apply specifically for any individual's unique needs and situation; and (c) diagnose, mitigate, treat, cure or prevent any disease or health-related condition.

License To Use Site

Subject to your performance of all of the provisions of this Agreement, the Company hereby grants you a limited, terminable, personal, non-exclusive license to access and use the Website solely as provided herein. You may use the Website solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company.  Your right to use the Website is not transferable.  You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.

Orders

You may submit orders for products and services through the Company’s online ordering system for Diabetic Testing Supply Products including glucometers, test strips, lancing devices, control solutions, and diabetic shoes on the Website. Acceptance of user’s order by the Company will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in user's order, these Terms shall govern. No order shall be binding upon the Company until the Company sends user confirmation of such order through electronic mail, facsimile, or other written communication.

Prices, Taxes, Payment

All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction, unless otherwise prohibited by law. All prices presented on the site are subject to change at any time and without notice. Unless otherwise prohibited by law, user will reimburse the Company for any such tax, fee or charge, at the time of sale or thereafter, that the Company is required to pay.

Returns, Changes and Cancellations

Cancellations of and changes to orders for products and services, and returns of products by Member, will be subject to the Company’s then-existing return, change and cancellation fees, unless prohibited by law. Upon the request of Member, the Company will use commercially reasonable efforts to inform the user of the return, change, and cancellation policies existing at the time of user’s request. The Company reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to user. User agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns, unless prohibited by law.

Title, Delivery, and Acceptance

All sales of products are made F.O.B. the shipping point. Title and risk of loss of or damage to the products shall pass to user on the date the products are delivered to a common carrier at the shipping point ("Shipment Date"), except that the Company will accept returns of substandard items from Medicare beneficiaries. In the event of any default by user, the Company may decline to make further shipments without in any way affecting its rights. The Company will not be liable for delay or non-delivery of the products, resulting or arising from any cause beyond the reasonable control of the Company. The products will be deemed accepted on the Shipment Date, unless otherwise prohibited by law.

This Website Does Not Provide Medical Advice

All of the material provided on this Website, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Website are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

User Eligibility

You acknowledge that you are 13 years of age or older. Children under the age of 13 are not eligible to use and are not allowed to visit or otherwise use our Site.

Privacy

Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy. Additionally, the Company’s HIPAA Privacy Notice details the ways in which we and other parties might use health information that belongs to you.

BLOGABETIC AND SOCIAL MEDIA COMPONENT OF THE WEBSITE

The BlogAbetic blog and any other links to social media websites maintained and operated by the Company on the Website are separately maintained. Any and all information that we obtain from these portions of the Website may be collected and used by us as provided in our Privacy Policy, which can be accessed through the following link: Privacy Policy. Information obtained through the BlogAbetic blog of our Website or any social media portion of our Website are not subject to the provisions contained in the Company’s HIPAA Privacy Notice.

Password

When you register as a user on the Website, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Your username and password are not transferable.

User Conduct

You understand that the Website is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass or advocate harassment of another;
  • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Website;
  • Exploit people in a sexual or violent manner;
  • Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
  • Solicit personal information from anyone under 18 years of age;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
  • Promote an illegal or unauthorized copy of another party’s copyrighted work;
  • Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
  • Solicit money from others.

Trademarks

This Website contains trademarks of the Company, and third-party trademarks and service marks. All marks are the property of their respective owners.  All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Website does not constitute a right to copy or use any of the third parties' intellectual property of the Company or its suppliers. Statutory notice contained herein represents trademark status in the United States.

Copyright

All materials contained on this Website are subject to the ownership rights of the Company and its suppliers.  The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. Users are prohibited from using, transferring, disposing of, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any content on the Website for commercial or public purposes. The Company hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring the Company’s services or products. You agree that any copy made must include the Company’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.

Copyright Infringement Policy

The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 1525 W. Homer Street, Suite 101, Chicago, IL 60642; Attn: Cory D. Skwor. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

User Content

The Company does not claim any ownership rights in your profile, content or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Website or otherwise submit to the Company (collectively the “User Content”). You are solely responsible for the User Content that you post on or through the Website or otherwise submit to the Company. You understand and agree that the Company may review and delete or remove any User Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Users, the Company or others.

By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You represent and warrant that your User Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You understand that all User Content is the sole responsibility of the person from whom such User Content originated, and that the Company does not control, and is not responsible for User Content made available through the Website, and that by using the Website, you may be exposed to User Content that is inaccurate, misleading, incomplete, or otherwise objectionable. User Content does not necessarily represent the views of, nor should it be construed as an endorsement by, the Company. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, and that under no circumstances will the Company be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise made available via the Website. The Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any User Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason. The Company shall have no obligation to resolve disputes among Users or monitor the accuracy or proper use of any User Content.

Testimonials

The Testimonials section of the Website is for the purpose of sharing positive experiences that you had with the Company, and/or with products purchased on the Website. Published testimonials are genuine, but the Company reserves the right to edit or alter such to remove personal information, statements that may be a violation of law, or statements that may infringe on the rights of the Company or third parties. You give us permission to reprint or use your testimonial in connection with our business (including but not limited to the marketing and selling of various products, as well as the marketing of the Company). You are agreeing to the following: (1) the reprint or use of the testimonial will be at our discretion and without compensation to you; (2) we may use the testimonial with or without any name credit; (3) our right to use the testimonial is perpetual and may be assigned by us; (4) we may use the testimonial locally, nationally or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed; and (5) the Company may allow any of its parents, subsidiaries or affiliates to use the testimonial in the same manner as set forth herein but in relation to their businesses and websites.

Content Disclaimer

You acknowledge that all content contained on this Website is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a professional medical provider with any questions you may have regarding diabetes, or any other information that is either contained in or referred to on the Website. Never disregard professional medical advice or delay in seeking treatment due to anything you have read on this Website.

Reliance on any third party information posted on this Website, including without limitation User Content, is solely at your own risk.

The Company does not make any representations or warranties of any nature whatsoever regarding the accuracy, effectiveness, benefits, side effects, negative impact, completeness, or usefulness nor does it assume any legal liability or responsibility for the accuracy, effectiveness, benefits, side effects, detriment or usefulness of any information or process disclosed or referred to on the Website.

The Website may feature certified diabetes educators, registered dietitians, or other diabetes professionals. This content is not intended to constitute medical advice and is not intended to diagnose, mitigate, treat, cure or prevent any disease or health-related condition. The Company does not ensure the accuracy or endorse the conduct of these educators or other professionals. Accordingly, the Company assumes no responsibility, and disclaims liability of any kind, arising from the conduct of educators on the Website, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy.

Additional Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided "AS IS, AS AVAILABLE" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO THE COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THE COMPANY OR THIRD PARTIES THROUGH THIS WEBSITE. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, ITS CONTENT OR THE PRODUCTS, CONTENT OR SERVICES OFFERED THEREIN.

CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE WEBSITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH THE COMPANY. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE WEBSITE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

The Terms of this section shall survive any termination of the Agreement.

Limitation of Liability

A D MEDICAL SUPPLY, INC. SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF A D MEDICAL SUPPLY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST MEMBER. A D MEDICAL SUPPLY, INC.’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY MEMBER FOR SUCH PRODUCT OR SERVICE.

LINKS TO OTHER WEBSITES AND INFORMATION ABOUT OTHER PRODUCTS AND SERVICES

The links found on this Website will let you leave our Site and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.

Applicable Law

This Agreement shall be governed and constructed in accordance with the laws of the State of Illinois without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Chicago, IL.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Indemnification

Member shall indemnify, defend, and hold harmless the Company and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Company may sustain or incur arising from (a) Member's violation of these Terms of Use; (b) Member Content posted by Member; (c) Member’s use of any products obtained via the Website (including without limitation to storage, handling, and transportation of products), (d) use of the products by a third party with Member's authorization, (e) use of the products by a third party without Member's authorization, where such unauthorized use is due to Member's negligent act or omission, or willful misconduct, (f) Member's failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) Member's negligent act or omission, or willful misconduct. The Company will provide Member with: (i) prompt written notice of such claim of which the Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Member's expense to settle and/or defend any such claim. Notwithstanding the foregoing, Member shall not settle any such claim, suit or proceeding without the written consent of the Company, which shall not be unreasonably withheld.

Termination

The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.

Notices

Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to A D Medical Supply, Inc., Attn: Cory D. Skwor, 1525 W. Homer Street, Suite 101, Chicago, IL 60521.

Modifications to this Agreement

The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended Terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.

Entire Agreement.

This Agreement, our Privacy Policy, and our HIPAA Privacy Notice contain the entire agreement between you and the Company with respect to this Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Assignment

The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. For any questions or comments, or to report violations of this agreement, contact the Company at: A D Medical Supply, Inc., 1525 W. Homer Street, Suite 101, Chicago, IL 60642, ATTN: Cory D. Skwor