The following terms constitute an agreement between you and Telcare, Inc., its subsidiaries and affiliates (collectively, the “Company” or “Telcare” or “we” or “us”), the operator of www.mytelcare.com, www.telcaresupplies.com and related websites (collectively, the “Sites”). This Agreement governs your use of the Sites, both as a visitor and a registered member as described below, and purchase, use and/or access to the Telcare service and products (collectively, the “Service”).
By accessing or using the Sites and the Service, you agree to be bound by the terms of this Agreement. To the extent you register on the Sites as a member, then in addition to the terms that are applicable to all users of the site, the terms that apply only to members shall apply to you as well.
Changes to Agreement.
Telcare may update this Agreement at its sole discretion, and you will be asked to review and agree to the revised version of the Agreement once it becomes effective. If you do not agree to a revised Agreement, you may not be permitted to continue using the Sites and the Service. If at any time you are no longer able to comply with the terms of the then-current Agreement, you must terminate this Agreement and immediately stop using the Service. Telcare may change, modify, suspend, or discontinue any aspect of Service at any time. Telcare may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service covered in this Agreement.
To access certain parts of the Sites and the Service, including but not limited to the e-commerce section and forum section, you must become a member. To become a member and access the area on the Sites reserved for members (the “Member Area”), the Company requires that you are either (a) a diagnosed patient of the particular community you are joining, (b) a caregiver for a patient eligible to join such community, (c) a health care professional (e.g. doctor, nurse, health researcher, etc.), (e) registered user for forum pages, (f) registered e-commerce user, or (d) a guest as authorized by a Telcare employee.
The Sites and the Services Do Not Provide Medical Advice.
ALL OF THE MATERIAL PROVIDED ON THE SITES AND AS PART OF THE SERVICE, SUCH AS TEXT, TREATMENTS, DOSAGES, OUTCOMES, CHARTS, PATIENT PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED ON THE SITES AND AS PART OF THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU HEREBY AGREE AND ACKNOWLEDGE THAT SUCH INFORMATION SHALL NOT CONSTITUTE MEDICAL ADVICE, DIRECTLY OR INDIRECTLY, WHATSOEVER. YOU SHOULD 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 THE SITES OR RECEIVED AS PART OF THE SERVICE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. TELCARE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITES OR AS PART OF THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY TELCARE, BY PERSONS APPEARING ON THE SITES OR AT THE PART OF THE SERVICE AT THE INVITATION OF TELCARE, OR BY OTHER MEMBERS IS SOLELY AT YOUR OWN RISK.
Acceptable and Lawful Use of the Sites by Members.
Members shall not post or upload any information or other content on the Sites that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members? use and enjoyment of Sites (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Sites to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.
Use of Sites by Members and Non-Members.
You may not use any robot, spider, scraper, or other automated means to access the Sites, the Service or content or services provided on the Sites for any purposes. You may not post content on the Sites or as part of the Service that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Sites or the Service unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
Non-Commercial Use by Members.
The member area of the Sites and the Service (the “Member Area”) and the content and information contained in such Member Area is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Sites or any part of the Service without the prior express written consent from the Company.
Privacy and Your Data.
- operate and improve our Services;
- respond to your comments and questions and provide customer service;
- provide and deliver products and services you request;
- send you related information, including confirmations, invoices, technical notices, updates, security alerts, supply alerts and reminders and support and administrative messages, including messages from our authorized distributors;
- better understand you so that we may tailor messaging and services based on your interests, preferences, needs and specialties;
- communicate with you via email, mobile alerts, SMS text messages and other messaging services about commercial, non-commercial, sponsored and non-sponsored clinical information, messaging regarding your blood glucose readings and testing frequencies, FDA and product safety alerts and our selected partners (if you do not wish to receive these kinds of communications, you may choose to opt out by updating your profile).
- link or combine your information with other personal information we get from third parties, to help understand your needs and provide you with better service.
Furthermore, you hereby acknowledge and agree that Telcare shall be permitted to view any and all of your data (“End User Data”) for the sole purpose of complying with FDA regulations and its obligations therein. In addition, Telcare may, in its discretion, extract from the End User Data information on an aggregated and anonymous basis, including without limitation your age, gender, and prescription protocols (the “De-Identified Information”) from which identifiers have been removed pursuant to 45 C.F.R. § 164.514 (together with any other relevant statutes or regulations, as amended from time to time), such that the De-Identified Information is not Protected Health Information (“PHI”) and is not subject to the privacy restrictions of HIPAA and any and all related privacy regulations. Without limiting Telcare’s obligation to preserve the confidentiality of your PHI, Telcare may use your De-Identified Information for statistical, analytical, and any academic or commercial purposes on an aggregated basis. Telcare shall not use or disclose the De-Identified Information in any manner inconsistent with HIPAA or any other statute or regulation.
You hereby agree and acknowledge that your testing data and blood glucose readings (“Testing Data”) will not be automatically sent to or monitored by your physician, medical advisor or any health personnel that you seek or receive health services from in connection with your health management needs (collectively, “Health Agents”) Accordingly, you hereby waive and release any such Health Agents and any respective affiliates from any and all liability, damages, losses, actions, costs and claims in connection with the access of your Testing Data resulting from your use of the Service.
Posting and Use of Content in the Member Area.
While some community areas in the Member Area are monitored periodically for topicality, Telcare has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you learn using the Sites or the Service (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside the Sites and the Service, subject to the above restriction on non-commercial use.
Member Password and Login Identity.
You are responsible for maintaining the confidentiality of your member password and login for the Sites and the Service, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges to the Sites and the Service may be suspended temporarily or terminated. You agree to immediately notify Telcare of any unauthorized use of your membership password or login or any other breach of security.
Links to Other Websites.
The Sites may contain links to other websites that are not under the control of Telcare. The inclusion of any link does not imply endorsement by Telcare of such website and Telcare is not responsible for the content of such linked websites.
You agree that the Company may, with or without cause, immediately terminate your Telcare membership and access to the Member Area, the Sites and the Service without prior notice. Without limiting the foregoing, the following may lead to a termination by the Company of a member’s membership and use of the Sites and the Service: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Telcare has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Member Area.
Modifications to this Agreement.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on the Sites. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Membership to the Sites is currently free. Telcare reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee in connection with the Sites and/or the Service. Products may be purchased from mytelcare.com.
Purchases; Other Terms and Conditions.
The Company obligations, if any, with regard to the Services are governed solely by the agreements pursuant to which they are provided, and nothing on the Sites should be construed to alter such agreements.
Prices and availability of goods and services are subject to change without notice. Telcare may make changes to any Services offered on the Sites, or to the applicable prices for any such products or services, at any time, without notice. The materials and content on the Sites with respect to products and services may be out of date, and Telcare makes no commitment to update the materials or content on the Sites with respect to such products and services.
The Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Telcare will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Company Return Policy.
Paying for Your Order.
Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.
If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.
Validating Your Order.
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Telcare reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All sales made through the Sites are subject to Company return policy. For a complete explanation of the return policy, please see our Return Policy.
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
Telcare may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Telcare also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Sites account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Telcare reserves the right to limit or prohibit sales to distributors.
All orders placed on the Sites are subject to product availability and will be shipped according to Company shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
Please review the Shipping page for additional information on shipping times, rates, and policies.
Disclaimer of Warranties.
THE SITES, THEIR APPLICABLE THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TELCARE DOES NOT MAKE, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITES AND THE SERVICE, THE SITES? CONTENT, OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITES TO THE EXTENT PERMITTED BY LAW. TELCARE DOES NOT WARRANT THAT ACCESS TO THE SITES, THEIR APPLICABLE CONTENT, OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES OR THE SERVICES WILL BE CORRECTED.
THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED OR EMAILED BY OTHER MEMBERS OF THE SITES ARE NOT IN ANY WAY VETTED, APPROVED OR ENDORSED BY TELCARE, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK.
NOT ALL PRODUCTS SOLD ON THIS SITES HAVE WARRANTIES. WARRANTIES ARE LIMITED TO INDIVIDUAL PRODUCTS WHEN APPLICABLE. REFER TO THE PRODUCT FOR WARRANTY INFORMATION
Limitation of Liability.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL TELCARE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF THIS SITES, THE SERVICES OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICES.
You agree to indemnify and hold harmless the Company, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
If you register as a member, you agree that Telcare may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Sites or the Service).
Governing Law and Venue.
This Agreement shall be governed by the laws of the state of Delaware and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Sites, shall be litigated exclusively in the state and federal courts residing in the state of Delaware, and in no other court or jurisdiction.
You hereby submit to the jurisdiction of the state and federal courts sitting in the state of Delaware.
Telcare and the Telcare logo are trademarks of Telcare, Inc. You agree not to display or use these trademarks in any manner without a prior, written permission from Telcare.
Telcare 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.
Some of the treatment information provided on the Sites and the Service is from third party sources. Every effort has been made to ensure that the information provided is accurate, up-to-date, and complete, but no guarantee is made to that effect. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.
For any questions or comments, or to report violations of this Agreement contact us at:
150 Baker Ave. Extension
Concord, MA 01742
Rev 0 TC-R&D-MKTG-ART-114