Introduction

Thank you for visiting accu-chekto.com and/or myboxto.com, a website of Roche Diabetes Care, Inc. (“Roche,” “we” or “us”). Please read the Terms and Conditions of Use below (“Terms”). We are committed to protecting your privacy and security. For more information, you should read our Privacy Policy.

These Terms were last updated on February 16, 2016 (the “Revision Date”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

Please reference and review the Terms on a regular basis as they constitute a legally binding agreement between you and Roche and have important consequences for your legal rights and obligations. The Terms apply to this website.

By accessing or using this website, you agree to these Terms. The Terms govern your use of the website. It is your responsibility to read and understand them. If you do not agree with the Terms, do not use this website.

We may, without notice, revise and update the Terms at any time, and the updated Terms will apply to your use of the website effective as of the Revision Date. The revisions and updates will be indicated by a change in the Revision Date listed above for ease of reference. Your continued use of the website means that you accept the updated Terms.

If you violate any of the Terms, your permission to access the website and use the content automatically terminates.


Contacting us

If you have any questions about these Terms or the website, please contact us.


Index


Access to Site and Subscription

Your use of the website is conditioned on your completion of a registration process (“Registration Process”) through which you will establish a username and password. You will be required to enter your username and password to use the website.

Your username and password are personal to you. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your username and password. You may not allow anyone else to use your username and password, nor may you use anyone else’s username or password at any time. You agree to immediately notify us of any unauthorized use of your username, password, account or any other breach of security.

We will not be liable for any loss that you may incur as a result of someone else using your username, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us, our affiliates, licensors, suppliers, officers, directors, employees, agents or other related parties (collectively, the “Affiliates”) or any other party due to someone else using your username, password, or account.

We may terminate your username, password, and account, and terminate your access to this website without prior notice and in our sole discretion, and we are not liable to you or any third party for such termination.


Your Account Obligations

In consideration of your use of and/or registration on this website, you agree to: (1) provide true, accurate, current and complete information about yourself, as and when prompted during the Registration Process or any other time during your use of the website, for your account information (the “Account Information”) and (2) maintain and promptly update your Account Information to keep it true, accurate, current and complete.

Personal information you supply, including Account Information and certain other information about you, may be governed by our Privacy Policy. You should read that policy for more information.


Our Liability

Your use of the website is entirely at your own risk. The website is provided “as is” and Roche (and its Affiliates) makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form, including but not limited to the accuracy or completeness of the website. TO THE FULLEST EXTENT PERMITTED BY LAW, ROCHE (AND ITS AFFILIATES) DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

Roche (and its Affiliates) will not be responsible to you or to any third parties for any direct or indirect, consequential, special, or punitive damages or losses you may incur in connection with the website, or your use of or inability to use the website, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss. In the event that the exclusion or limitation of liability for consequential or incidental damages is limited by state or other law, such liability is limited to the fullest extent permitted by law. Roche (and its Affiliates) are not liable for any personal injury, including death, caused by your use or misuse of the website. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Roche (and its Affiliates) from losses or damages you sustain in connection with your use of the website. Roche (and its Affiliates) is liable only to the extent of actual damages incurred to you, but in no event in an amount greater than one hundred dollars ($100.00). Any claims arising in connection with your use of the website must be brought within one (1) year of the date of the event giving rise to such action.

Without limiting the foregoing, Roche (and its Affiliates) makes no and fully disclaim any representations or warranties about (1) the accuracy, completeness, currentness or reliability of the content provided in the website; (2) the freedom of content from infection by viruses, trojan horses, worms, rootkits, spyware, dishonest adware, crimeware or other malicious or unwanted software. However, we will strive to ensure that the content is secure and does not contain such malicious or unwanted software; and (3) the satisfaction of any government regulations requiring disclosure of information on medical device, prescription drug, or health products.


Use of Content

The website content may be protected by copyright, trademark and/or other proprietary rights. All content is subject to the copyright protections provided under United States and international laws. Roche (or an Affiliate) retains all rights, including copyright, to all content. Unless otherwise provided in the website or relating to particular content, you may download and use the content for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the content. You may not, however, distribute, modify, transmit, reuse, repost, transfer, or make any other use of any content for public or commercial purposes.

Any use of the content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark or other laws. The content is subject to change or termination without notice in Roche’s full discretion. All rights not granted by the Terms are reserved to Roche (or its Affiliate).

Any trademarks, logos or other source identifying information appearing throughout the website belong to Roche, its Affiliate, or third party trademark owners, and are protected by U.S. and international trademark laws. Without Roche’s express prior written permission, you agree not to display or use in any manner the Roche trademarks or logos, or any other trademarks or logos found on the website. Nothing on this website confers any license or other rights under the intellectual property or other proprietary rights of Roche, its Affiliates, or any third party, whether by estoppel, implication, or otherwise.

Any rules for the use of software or other items accessible on or from this website may be included elsewhere on the website and are hereby incorporated by reference into these Terms.

We control and operate the website from the United States. We make no representation that materials on the site are appropriate or available for use outside the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.


Not Intended for Minors

The website is not designed or intended for use by minors. You must be at least 18 years old to use the website. If you are under age 18, you may not use the website.


The Subscription Contract Between You and Us

By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must logon to your account or e-mail us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act.

Subscriptions are month-to-month. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You agree that any products your purchase from this site are for your personal use only (or as a gift) and that you will not resell or distribute the products to other entities or individuals. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.


Product Information; Limitation on Quantities

We strive to ensure that the information on the site is complete and reliable, excluding any content which may be submitted by members from time to time. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our site will be available.


Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.


Risk of Loss

Any merchandise purchased from the website will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.



User Submissions

The personal information you submit to us may be governed by our Privacy Policy.

You agree that you will not submit, upload, transmit or otherwise make available to Roche or the website any communications or content of any type that infringes or violates the rights of any party. By submitting communications or content to the website, you agree that such submission is non-confidential for all purposes, except as otherwise governed by our Privacy Policy.

We are pleased to hear from our customers and welcome your comments regarding the website and the content. We ask that you be specific in your comments regarding services and products. If you send comments, suggestions, ideas, materials, notes, drawings, concepts, business information, concepts, inventions or post or submit any other information anywhere on the website (collectively, “Submissions”), you hereby warrant that you are the owner of such Submission and that you grant Roche a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media, or any form, now known or hereafter developed, without Roche incurring any obligations of confidentiality, attribution, or compensation to you. Roche may sublicense its rights in the Submission through multiple tiers of sublicenses. Without limiting the foregoing, the Submissions are not subject to any obligation of confidence on Roche’s part, and Roche is not liable for any use or disclosure of any Submission. If you do not wish to grant such a license to Roche to your submitted materials, do not submit them to us through the website, via e-mail, or via electronic means.


Your Conduct and Safety

Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the website, will not be permitted. You agree to use the website only for lawful purposes. You are prohibited from posting on or transmitting through the website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, as determined by Roche in our sole discretion, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to access the website by any means other than through the interface that we provide for use in accessing the website.


Indemnification

You agree to indemnify and hold harmless Roche, its Affiliates, and their respective officers, directors, employers and agents, from any claim or demand, including reasonable attorneys’ fees, made due to or arising out of your use of the website; the content you submit, post to or transmit through the website; your violation of the Terms or the Privacy Policy; or your violation of any law or the rights of a third party.


Our Rights

We, our Affiliates or Third Parties may choose to electronically monitor areas of the website and your use of and activity on the website. Except as provided in our Privacy Policy, we may disclose information gathered from you, including but not limited to, your e-mail address, screen name, survey responses and topics you have reviewed, (1) to comply with any law, regulation, or government request; (2) if such disclosure is necessary or appropriate to operate the website; (3) in special instances, such as in response to a physical threat to you or others, to protect the safety of you or others, to safeguard property or defend or assert legal rights, or (4) for any other reason that we, in our sole discretion, deem reasonable, in accordance with all applicable laws.

We reserve the right to refuse to offer services to you for any reason.



General

Choice of Law and Jurisdiction. The Terms, and any dispute arising out of your use of the website, are governed and interpreted in accordance with the laws of the State of Indiana (without regard to its conflicts of laws principles) and the applicable laws of the United States. You irrevocably consent to the exclusive jurisdiction of courts located in Marion County, Indiana, for all purposes in connection with any action or proceeding which arises out of or relates to the Terms, the website or its content.

Survival. The provisions of these Terms survive the expiration or termination of your account with Roche.

Severability and Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be illegal or unenforceable, then such section will be eliminated or limited to the minimum extent necessary to comply with the court ruling and the remainder of the Terms will continue in full force and effect. The consent to or waiver by Roche of any breach by you of any section of the Terms, whether express or implied, is not a consent to or waiver of any other, different or subsequent breach or non-compliance.