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Site Use Agreement
DiaTrak.com Terms and Conditions
Agreement
DiaTrak.com is an Internet-based on-line information and communication service
provided by PenteSoft, LLC (referred to in this agreement as "we", "us" or
"our"). By accessing or using our Web site, you agree to be bound by
these terms and conditions. We may revise and update these terms and
conditions at any time. Your continued use of our Web site means that
you accept these revisions and updates. If you do not agree to these
terms, you may not use the site.
By using this site, you agree to the Terms of Use and to our Privacy
Policy. If you do not agree to these policies, please do not use our
site. Your continued use of our site following the posting of changes to
these terms will mean you accept those changes. You can send e-mail to us
with any further questions.
The DiaTrak site may be accessed in multiple
languages; in the event that a question of interpretation arises, the English
version of the document in question will serve as the final authority.
All contents are ©Copyright 2003-2007 by
DiaTrak.com. All rights reserved.
Use of Information
We authorize you to view and use our Web site in accordance with these terms
and conditions. You may download and/or print a copy of the information on our
Web site for your personal, non-commercial use only. We do not authorize
you to reprint or electronically reproduce any information contained on our Web
site in whole or in part for any other purpose. Should you wish to do so,
you must obtain prior written consent.
Even if written consent is granted, the information contained on our site is
protected by copyright. Some or all of the information accessed through
our site is also protected by copyrights held by other entities and is used by
permission. Title to the information contained on or accessible through
our site remains with us, our licensors and others. Any unauthorized use,
including misuse, by you of our site or information accessible through our site
is a breach of these terms and conditions, may violate copyright, trademark and
other laws and may infringe on the rights of third parties.
We reserve the right to amend, discontinue and otherwise change our site, the
information contained in our site and our links to other sites in our sole
discretion and without notice to you.
No Duty to Update Information
Information appearing on or accessible through our site is current only as of
the date it was prepared. This information may be incomplete or may have
become out of date. We make no warranty and we disclaim any duty to
update this information or to require any third party to update information
which is accessible through our site.
Advertisements and Links to Other Sites
This Web site contains links to information which has not been prepared by
us. These links are provided for your convenience only. We do not operate
these third party Web sites and we do not control, nor are we responsible for,
the content or performance of the Web sites or your use of and transactions
with them. Any views or opinions contained on or expressed in external
Web sites are those of the provider alone, and may not reflect our views or
opinions or those of our management, shareholders, investors or board of
directors. Our inclusion of links to external sites does not imply that
we endorse or concur with any of the information, materials, views, opinions,
predictions, conclusions or recommendations contained on the sites.
Disclaimers
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sties that link to or from this site
belonging to third parties not associated with us. We encourage discretion when
browsing the Internet and when using any online services. Because some sites
employ automated search results or otherwise link to sites containing
information that may be deemed inappropriate or offensive, we cannot be held
responsible for the accuracy, copyright compliance, legality, or decency of
material contained in third-party sites, and you hereby irrevocably waive any
claim against us with respect to such sites.
We cannot ensure that you will be satisfied with any products or services that
you purchase from third-party providers linked to from within this site, since
such third-party product or service providers are owned and operated by
independent entities. With respect to third-party sites that link to or
out of this site, we have not taken any steps to confirm the accuracy or
reliability of any of the information contained in such third-party sites. We
do not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites. We
strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any transaction with any third party.
Medical Disclaimers
The content of the health information on our web site is for informational
purposes only. This information is not intended to be used as a
substitute for obtaining professional medical advice, diagnosis and/or
treatment. You should always seek the advice of your physician or other
qualified healthcare provider for the diagnosis and treatment of any medical
condition (real or imagined) or if you have any questions about a medical
condition. You should never disregard professional medical advice or
delay seeking medical advice or treatment because of something you have read on
this site. Individuals are often not qualified for self-diagnosis or
assessment and should seek professional assessment if there are any concerns.
The information on this site is not intended to be a substitute for
professional medical advice. You should not treat a health problem or
disease without consulting with a qualified healthcare provider with any
questions or concerns you may have regarding your condition.
You should consult with your physician before beginning any diet or exercise
program and should immediately stop such program in the event that you
experience any chest pain, unusual side effects or sign of over-exhaustion,
hear attack or other injury or illness.
Liability
This information is provided to you on an "as is" basis; we do not warrant that
it is accurate, complete, current or reliable. To the fullest extent
permitted by law, we disclaim all warranties, either express or implied,
statutory or otherwise, including, but not limited to, all implied warranties
of merchantability, fitness for particular purpose and non-infringement of
third parties’ rights. In no event shall we be liable for any damages
(including, but not limited to, direct, indirect, special, incidental,
consequential or punitive damages, personal injury/wrongful death, lost
profits, or damages resulting from lost data or business interruption) arising
from the use of or inability to use this information, whether based on
warranty, tort, contract, or any other legal theory, and regardless of whether
we are advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold us, our directors, officers, sponsors,
employees, agents, licensors and suppliers, harmless from and against any
claims, actions, demands, liabilities and settlement, including, but not
limited to, reasonable legal and accounting fees resulting from, or alleged to
result from, your violation of these terms and conditions.
Privacy
We respect your personal privacy. We will never share any of your
personally identifying information (such as your name, street address, etc.)
with any third party. However, we may use aggregate information we obtain
about the users of our Web site to help monitor site usage and user traffic
patterns and for editorial purposes to help us develop and design products and
services which will appeal to our users.
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