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Terms and Conditions

These Terms and Conditions of Use (“Terms of Use”) apply to the Accu-Chek website  (“Site”) located at accu-chek.com. Please read and review these Terms of Use carefully. By using the Site, you agree to these Terms of Use and all applicable laws and regulations. Please read the entirety of these Terms of Use before using or submitting information to us through this website or any online resource. Whenever you submit information via this Site, you consent to the collection, processing, use and disclosure of that information in accordance with these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to access or use the Site.

Roche Diabetes Care, Inc. (“Roche”) owns, maintains, and funds the Site. All original content, features, and functionality of this Site are owned by Roche and may be protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Roche reserves the right, at its sole discretion, to change or modify these Terms of Use at any time. It is your responsibility to review these Terms of Use occasionally for any changes or modifications. Continued use of the Site after any changes or modifications, means you agree to such changes or modifications.

NO WARRANTIES

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS.” ROCHE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, ROCHE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OWNER BOOKLETS, DEVICE GUIDES OR OTHER COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THIS SITE OR ANY SITE OR SITES “LINKED” TO THIS SITE. ROCHE MAKES NO WARRANTY THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

In jurisdictions that do not recognize exclusion of implied warranties, the above exclusion may not apply. The above exclusion applies in New Jersey.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ROCHE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION:

  • INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES,
  • PERSONAL INJURY, WRONGFUL DEATH, OR LOST PROFITS,
  • DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT,
  • DAMAGES RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY OR DEFECT IN OPERATION OR TRANSMISSION OF THE SITE OR ITS CONTENT,
  • DAMAGES RESULTING FROM ANY COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF USE RELATED TO THIS SITE OR THE CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROCHE IS ADVISED OF SUCH DAMAGES. IF YOU ARE NOT SATISFIED WITH THIS SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE.

FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, "ROCHE" INCLUDES NOT ONLY ROCHE DIABETES CARE, INC. BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Roche, its officers, directors, employees, subcontractors and agents from and against all losses, expenses, claims, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

THIRD-PARTY LINKS, PURPOSE OF SITE, INTELLECTUAL PROPERTY, AND OTHER TERMS

Information, including product information, contained and referenced in the Site or contained in any email or other form of communication received by you in response to an opt-in registration from this Site is general in nature and for informational purposes only.

The Site is NOT intended to provide medical advice or intended to be relied on for medical diagnosis or treatment. Always seek the advice of a physician or other qualified health care professional regarding any medical questions you may have. Do not ignore medical advice or delay obtaining medical advice based upon information contained and referenced in this Site. You understand and agree that Roche does not use this Site to provide medical advice, financial advice or legal advice, and you should not assume that information submitted through this website is subject to health, financial, or legal privacy laws or regulations. You will not rely on any statements made on this Site as though it were professional advice. The Site may provide selected information concerning diseases and their treatment. Such information is not intended or provided as medical advice. Such information is not a substitute for the advice of a trained health care professional. If you have or suspect having any health problems or conditions, you should consult your general practitioner or other qualified health provider.

This Site may contain links to third party websites. Roche does not control, is not responsible for, and will not be liable for any damages of any kind arising in connection with the content, practices or standards of these third party websites. Inclusion of any third party link does not imply recommendation or endorsement by Roche. The use of third party websites is at your own risk and subject to the terms and conditions of use for such third party websites.

You are responsible for the accuracy of any information, including emails that you provide through the Site to Roche. You agree not to submit or transmit material that is unlawful, threatening, libelous, defamatory, obscene, pornographic or profane. You also agree not to upload, email or otherwise transmit any material that is disruptive to the operation of the Site. If an email sent by you includes possible adverse events or side effects with a medical device, Roche may be required to contact you for further information.

You are encouraged to report negative side effects or adverse events to the FDA. Visit http://www.fda.gov/safety/medwatch/default.htm or call or 1-800-INFO-FDA (1-888-463-6332).

Except as expressly set forth in this Site, the information you provide to Roche through this Site is provided by you at no cost and is not confidential. Roche is free to reproduce, use, disclose, and transfer the information to others for any reason without your permission or payment to you. Roche may use any ideas, concepts, know-how or other techniques contained in the information provided by you for any purpose.

By using this Site, you may submit or Roche may gather certain limited information about you and your website usage.  Subject to the Privacy Policy, Roche may use such information for any purpose, including marketing.

Use of this Site is intended solely for residents of the United States. This Site may contain product details or information otherwise not accessible or valid in your country. Please be aware that Roche does not take any responsibility for your use of this page to access information which may not comply with any valid legal process, regulation, registration or usage in the country of your origin. Access of this Site from outside the United States is at your own risk.

Any offer for any product or service made on this Site is void where prohibited by law.

All text, graphics and artwork appearing on this Site are the proprietary copyrighted work of Roche (or are used by Roche with appropriate permissions of any third party proprietors thereof) and are protected by United States federal and international copyright laws. Any reproduction, retransmission or other use is strictly prohibited. Request for permission to reproduce any information contained on this Site should be addressed to the webmaster.

Some photographs on this Site use stock photography models who have not been diagnosed with diabetes and are not actual customers of or affiliated with Roche Diabetes Care, Inc. Photographs are used for illustrative purposes and models do not personally endorse Roche Diabetes Care, Inc, services, products, affiliations or marketing efforts. Roche Diabetes Care, Inc, their respective officers, directors, employees, agents and/or independent contractors assume no liability for any consequence relating directly or indirectly to the use of the photographs showing the models on this Site.

ACCU-CHEK, ACCU-CHEK 360°, ACCU-CHEK ACTIVE, ACCU-CHEK AVIVA, ACCU-CHEK AVIVA COMBO, ACCU-CHEK AVIVA CONNECT, ACCU-CHEK AVIVA EXPERT, ACCU-CHEK COMPACT, ACCU-CHEK COMPASS, ACCU-CHEK CONNECT, ACCU-CHEK DIRECT TO YOU, ACCU-CHEK GUIDE, ACCU-CHEK GUIDE SIMPLEPAY, ACCU-CHEK INNER CIRCLE, ACCU-CHEK LINKASSIST, ACCU-CHEK MULTICLIX, ACCU-CHEK NANO, ACCU-CHEK NANO SMARTVIEW, ACCU-CHEK PREFERRED SAVINGS, ACCU-CHEK SMART PIX, ACCU-CHEK SMARTVIEW, ACCU-CHEK SPIRIT, ACCU-CHEK TENDER, ACCU-CHEK TESTING IN PAIRS, ACCU-CHEK TO, ADVANTAGE, CAMIT, COMBO, COMFORT CURVE, FASTCLIX, RAPID-D, SOFTCLIX, and ULTRAFLEX are trademarks of Roche.

All other product names and trademarks are the property of their respective owners.

The use or misuse of any of these marks is strictly prohibited. Nothing contained herein shall be construed by implication, estoppel or otherwise to convey or grant any license or right under any patent or trademark of Roche or any third party. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

If you believe that material on this Site infringes your rights under copyright law, please contact us by U.S. Mail at the following address: Roche Diabetes Care, Inc. Attn: Legal Dept., 9115 Hague Rd., Indianapolis, Indiana 46250. Please include:

  • a detailed description of the copyrighted work that is allegedly infringed;
  • a description of the location of the allegedly infringing material;
  • your contact information, including your address, telephone number, and, if available, e-mail address;
  • a statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
  • a statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
  • an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

These Terms of Use are governed by the laws of the United States of America and the laws of the State of Indiana.

Your use of this Site is also subject to the Privacy Policy and Cookies Policy.

Roche may terminate your access to all or portions of this Site at any time without notice, if it believes in its sole judgment that you have breached or may breach any term or condition of these Terms of Use or for its convenience.