Sugar Medical

 

Terms and Conditions

 

As of October 2023

 

This is the marketing, informational, and e-commerce web site (the “Site”) of Sugar Medical, LLC (“we” or “us” or “Sugar Medical”).

 

Binding Terms

 

By accessing this web site, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are not permitted to use the site, and should leave it at once. The content, images, and other materials contained in this web site (“Site Materials”) are protected by copyright and trademark law.

 

Use of Site Materials

 

You may not:

• copy, use, modify, display, distribute, or interfere with access to any Site Materials;
• decompile or reverse engineer any software contained on the Site; or
• remove any copyright or other proprietary notices from any of the Site Materials

 

Site Materials, Products, As Is

 

The Site Materials and products offered for sale are provided “as is,” except to the extent that any third-party manufacturers may offer warranties on their products. We make no warranties, expressed or implied, and disclaim all warranties, including implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights. Sugar Medical does not warrant or make any representations concerning the currency, completeness, accuracy, or reliability of the Site Materials, or any content or links or other materials includes on web sites that link to the Site, or to which the Site links.  No links from the Site to another imply any endorsement by Sugar Medical. Use of any such web sites is at your own risk.

 

Limitations

 

To the greatest extent allowable under all applicable laws, Sugar Medical will not be liable for damages on any legal or factual theory whatsoever arising out of or relating to our Site or any product ordered from our Site, in any amount in excess of the purchase price paid for any Sugar Medical product, even if we or our authorized representative have been notified of the possibility of such liability or damage.

 

Without limiting the breadth of the above limitation of liability, Sugar Medical is not liable for the following circumstances or events:

 

• devices dropped, dented, scratched, or otherwise damaged due to actions or failures to act by you or any third party;
• loss of insulin due to overheating, lack of cooling, lack of insulation, or container breakage;
• harmful or sub-optimal blood sugar or insulin levels related to any sugar or glucose product;
• skin damage or other issues or problems related to any adhesive product;
• glucose meters, pumps, devices, insulin, test strips, or other property or materials damaged by heat, water, or other exposure;
• failure properly to orient, place, or secure a meter, pump, or other device into a case or cover; or
• misreading a glucose meter due to the misplacement of a sticker, case, cover, or viewing the meter upside down.

 

Product Returns

 

Returns or exchanges must be shipped back to us at the purchaser’s expense.  We do not provide paid return labels or envelopes.

 

We will provide a full refund, only back to the purchaser’s original form of payment, of all non-used merchandise received by us in its original packaging within 60 days of the date on which we shipped the item(s).  We will not process a refund, but will safely dispose of, any item(s) received by us as a return that is not in its original packaging or that shows any sign of use.  Our ability to offer an exchange will be at our discretion at all times.  Exchanges, returns, and refunds will not be available for any open packages, products or packaging that has been used, handled, exposed to blood, or is otherwise not in the same condition in which it was shipped by us.

 

Our products are thoroughly researched, tested, manufactured to exacting standards, and packed and shipped with care.  That does not mean, however, that all will be perfect, or perfectly to your liking.  For any product-related or order-related questions, complaints, or inquiries, please contact us at customerservice@sugarmedical.com

 

Intellectual Property Rights

 

Unless otherwise indicated, the Site is our proprietary property and all images, written content, recordings, downloadable resources, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Most or all products offered for sale on the Site are subject to pending or granted United States patents.  Please see on-Site notices and product packaging for further details.  None of your use of the Site, ordering, receiving, or possessing such products gives you any right or license to any Sugar Medical patents, trademarks, or other intellectual property.

 

User Representations

 

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

Contributions

 

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By making any Contribution, you agree that we can use and share such Contribution in any way and for any purpose, without credit or compensation to you.

 

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

Privacy Policy

 

Please review our Privacy Policy on this site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

 

Terms of Use: Modifications

 

Sugar Medical may revise these terms of use. By using this web site you are agreeing to be bound by the version of these Terms and Conditions of Use that is current as of the time of each visit to the Site.

 

Arbitration, Governing Law, Jurisdiction

 

By using our Site and/or ordering products from us, you irrevocably agree to the arbitration of any claims against or involving us.  You agree that any and all disputes, apart from claims for injunctive relief, will be conducted in person in the City of Richmond, Virginia and administered by the McCammon Group, under its Civil Arbitration Rules, before a single arbitrator to be appointed by the McCammon Group.  Any claim relating to the Site will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.

 

You waive all rights to bring or participate in a class action lawsuit or claim, and you waive all rights to a jury trial as to any issues or claims that may be deemed to be unarbitrable.  Any claim for injunctive relief that is not subject to arbitration must be brought in the state or federal courts that are located in Chesterfield County, Virginia or the City of Richmond, Virginia, respectively.  You waive all objections to jurisdiction or venue in such courts for all such claims.

 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site or any product sold by us be commenced more than one (1) year after the cause of action arose.

 

Disclaimer

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Miscellaneous

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

Contact Us

 

For any complaints or receive further information, please contact us at: customerservice@sugarmedical.com