GLU TERMS AND CONDITIONS OF USE

Recent Changes of Note

  1. 2016-04-01: Fixed minor typos, punctuation, and capitalization throughout
  2. 2016-04-01: Change Personal Health Data to Personal Information
  3. 2016-04-01: Updated "Monitoring" and "Personal Health Data and Interactive Services" sections
  4. 2016-04-01: Added new item to Safety section
  5. 2015-05-14: Added new section: "Posting to Glu"
  6. 2016-01-05: Added new section: "Children"

Introduction

Welcome to Glu, a T1D Exchange community operated by Unitio, Inc. (“Unitio”), an independent nonprofit organization (501(c)(3)). These Glu Terms and Conditions of Use (the “Terms”) contain the terms and conditions upon which Unitio is willing to provide you access to and use of the myglu.org website, and all related pages, information, databases, materials and services (collectively, the “Site”), and govern (i) any request you make to Unitio through the Site, and (ii) your use or purchase of any products and/or services available through the Site (collectively, the “Services”). These Terms form a contract between you and Unitio. If you do not agree to be bound by these Terms, you may not access or use the Site or the Services.

Use of the Site or purchase or use of the Services indicates your acceptance of these Terms, Unitio’s Privacy Statement, and any other separate terms and conditions you expressly agree to be bound by when using or purchasing such Services or using the Site. Please scroll down through these Terms to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.

If you have questions regarding these Terms, please contact Unitio at info@myglu.org.

License

By accessing any portion of the Site, you have a limited license to use the Site and Services, including the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and Unitio.

Not Medical Advice

The Site does not offer medical advice. Any content accessed through the Site is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Similarly, you are solely responsible for the accuracy of all information contained in your personal health data accessible through the Site. The content accessible through the Site and your personal health data should not be used for the diagnosis or treatment of any medical condition or used during a medical emergency. Your personal health data, accessible through the Site, is not intended to be a medical record under any federal or state law. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Site. Call 911 or your doctor for all medical emergencies.

Updating Terms

Unitio reserves the right, at its discretion, to change, delete, and update portions of these Terms or other policies that govern use of the Site at its discretion, at any time, for any reason, including the right to terminate the Services or any part of the Services. You should review these Terms periodically for changes. The Terms can be accessed from the link at the bottom of each Site page. Your continued access or use of the Site shall be deemed acceptance of all changes.

If you have an account or other relationship with Unitio, that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in these other agreements shall diminish the protections and rights provided to Unitio under these Terms. Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms, in conjunction with the Glu Privacy Statement, constitute the entire agreement between you and Unitio with respect to the use of the Site.

Unitio Website Registration and Personal Information and Unauthorized Use

You agree that any information you provide to Unitio, including, without limitation, passwords, usernames, login ID’s, credit card and financial information, and other personally identifiable information, whether through questionnaires, registration forms or other information requests, (collectively “Unitio Personal Information”), will be true, accurate, current and complete information. You agree not to provide Personal Information that is false, inaccurate, misleading, or fraudulent. You are solely responsible for all transactions and transmissions that occur through the use of your Personal Information, and it is your responsibility to maintain and promptly update your Personal Information. You agree that Unitio is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Unitio of your Unitio Personal Information. It is your responsibility to maintain the confidentiality of your Unitio Personal Information. Except as otherwise expressly permitted in a sharing authorization you execute with Unitio, Unitio requires that you agree not to share the username and password you use to log into this Site and not allow another person to use your account in your absence. This requirement will assist in preventing unauthorized use or misuse of the Site and protect you, Unitio and other Site users. If you believe that someone has used your Unitio Personal Information to access any Unitio services without your authorization, please contact Unitio immediately at 1-855-GLU-INFO or privacy@myglu.org.

Please review Unitio’s Privacy Statement, which is incorporated into these Terms by reference, for more information regarding Unitio’s policies and procedures for disclosing and using your Unitio Personal Information. Subject to the Privacy Statement and applicable law, Unitio retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently known or unknown) related to these Terms or Unitio’s provision of the Services.

You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from Unitio for any purpose.

Posting to Glu

In addition to Unitio Personal Information, you may submit additional information, content (including text, images, video and audio) and other materials (collectively, “Submitted Materials”) in connection with your use of the Site. You agree that Submitted Materials are the responsibility of the party that posted, uploaded, emailed, transmitted, transmitted or otherwise made available to the Site (that is, if you post an image you obtained from another party, you are representing that you have the authority to post that image, and that its posting is consistent with these Terms and any posted rules).

By making Submitted Materials available to the Site, you automatically grant Unitio a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Submitted Materials alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Safety

We do our best to keep Glu safe, but we cannot guarantee it. By using this site you agree to the following:

  1. You will not post unauthorized commercial communications (such as spam).
  2. You will not collect users' content or information, or otherwise access this site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not use Glu to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Glu, such as a denial of service attack or interference with page rendering or other Glu functionality.
  10. You will not use or attempt to use Glu, directly or indirectly, for the promotion of products, events, websites, or other activities that do not, in Glu's sole and exclusive judgment, aid in furthering the mission to educate, support, and connect on Glu.
  11. You will not facilitate or encourage any violations of these terms.

Children

As noted in its Privacy Policy, Unitio does not knowingly or specifically collect Personal Information from users under the age of 13 through Glu. If you are a minor over age 13, some portions of the Glu website will require consent from your parent or guardian before you may use it. Unitio presumes minors over age 13 who use the site are doing so with the consent of their parent, guardian, or other authorized person and that any acceptance of Unitio’s terms and conditions is done by such parent, guardian, or other authorized person.

Information Available on Site

Unitio relies on a variety of sources for the information it provides on the Site, including without limit, information related to its Services. This information is provided to you in good faith based on the information available to Unitio, although Unitio cannot guarantee the currency or accuracy of the information. You should confirm the accuracy of any information with the author of such information or manufacturer of any products.

Restrictions on Use of Unitio Materials and the Site

Unitio or its content providers own or have license to all of the content, materials, and other intellectual property related to the Site and the Services, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.

The contents and use of the Site (including the marks, “Unitio,” “Glu,” and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the Site or the Services. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of Unitio.

The Site may contain public forums, online communities, bulletin board services, chat areas, email services, news groups, and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are lawful and otherwise proper. By way of example, and not as a limitation, you agree that when using the Site (including any related Services or Communication Services), you will not:

  1. Use the Site to transmit, copy, reproduce, republish, upload, post, transmit, email, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
  2. Copy (except as set forth above for non-commercial personal use), modify, distribute, create any derivative or compilation work from, or display Unitio’s name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;
  3. Use any software or device designed to provide repeated automated access to password protected areas of the Site other than those made generally available by Unitio;
  4. Include “Unitio,” “Glu,” or any other Unitio trademarked materials, the name of any Unitio personnel, or any variation of these items as a meta tag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Unitio and you, any other party, or any other website, or otherwise use these items without Unitio’s express written permission;
  5. Collect, harvest or store personal data about other users of the Site;
  6. Upload, email or otherwise transmit to Unitio or through the Site or any Unitio computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited email, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or unlawful materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or any other computer code; or files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Unitio;
  7. Use the Site to advertise or perform any commercial solicitation;
  8. Use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  9. Use any robot, spider, scraper, or any other automated means to access the Site or the Services for any purpose without Unitio’s express written permission;
  10. Forge any TCP/IP packet header or any part of the header information in any email or posting;
  11. Take any action that imposes, or may impose, in Unitio’s sole discretion, an unreasonable or disproportionately large load on the Unitio infrastructure;
  12. Interfere or attempt to interfere with the proper working of the Site, the Services, or any activities conducted on the Site;
  13. Bypass measures used by Unitio to prevent or restrict access to the Site or the Services, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Unitio.
  14. Use this site if you are under 13 years of age.

Unitio reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing Unitio to disclose such information. Unitio further reserves the right to remove any materials that violate the above requirements or otherwise do not conform to these Terms.

Monitoring

You agree that Unitio has the right, but is not obligated, to monitor your use of the Site, Services, and any Communications Services. You release Unitio from any liability related to its monitoring activities, any alleged failures by Unitio to monitor the Site, and any alleged actions or failures to act by Unitio in response to information or material appearing on the Site. Any message posted or transmitted through the Communications Services expresses only the views of the author of the message and does not necessarily reflect the views of Unitio or any person or entity associated with Unitio. Neither Unitio nor any person or entity associated with Unitio, will be held responsible for the contents, accuracy, completeness or validity of any information posted through the Communication Services.

Any user who believes that a posted message is objectionable is encouraged to contact Unitio immediately by using the report abuse feature on the site.

Personal Information and Interactive Services

You may use this Site to view and edit certain information displayed from your Personal Information. We do not guarantee the accuracy of any such information. If you think that your Personal Information displayed on the Site is inaccurate, please contact info@myglu.org. As discussed in more detail in the Privacy Policy, Unitio reserves the right to disclose Personal Information posted on the Site under certain circumstances, including but not limited to when, in Unitio’s sole and exclusive discretion, it is helpful to protect the health and safety of Site users.

You may authorize other users of this Site to view your Personal Information displayed on the Site through the Privacy Settings feature. If you are authorized to access another user's Personal Information, you agree to protect the confidentiality of this information and comply with state and federal privacy laws that may prohibit the redisclosure of Personal Information without the express written authorization of the person who is the subject of the Personal Information, including but not limited to federal law prohibiting the redisclosure of Personal Information regarding alcohol and drug abuse referral and treatment.

Termination, Removal of Materials, and Monitoring

If you no longer agree to be bound by these Terms, you must cease use of the Site and Services. You agree that Unitio may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. Unitio also reserves the right to take any action relating to user submitted information that it deems necessary or appropriate if such information, as determined in Unitio’s sole discretion, may create liability for Unitio, its agents or its contractors or may affect Unitio’s business relationships or contracts with its agents or its contractors. If Unitio denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer account related materials and personal health data. You acknowledge that upon termination, Unitio may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and the Services. Upon termination of these Terms and any related Services, Unitio shall continue to have the right to use and distribute any data or information you provided to Unitio to the extent permitted pursuant to these Terms, Informed Consent, the Glu Privacy Statement, applicable law, or as you may have otherwise agreed to on the Site.

Website Linking and Cautions About Third-Party Information Included in Site

For your general informational use only Unitio may provide access to third party websites. These links allow you to leave the Site. Unitio is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by Unitio or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Unitio may link). By providing access to other websites, Unitio is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization. Unitio does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Unitio may include third party information in the Site for general informational purposes. Unitio is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Consequently, you agree Unitio does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and Unitio is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom Unitio conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint venturers with Unitio, or otherwise provide you or any third parties with any rights to act on Unitio’s behalf.

Disclaimers and Limitations of Liability

In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your Personal Information for unauthorized or illegal purposes.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, OR BY OR ON BEHALF OF ANY UNITIO PARTIES (DEFINED BELOW), AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE UNITIO PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR THE SERVICES, OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN UNITIO, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON UNITIO’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO UNITIO.

YOU AGREE THAT UNITIO, THE JAEB CENTER FOR HEALTH RESEARCH FOUNDATION, INC., THE LEONA M. & HARRY B. HELMSLEY CHARITABLE TRUST, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “UNITIO PARTIES”) ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE UNITIO PARTIES’ TOTAL LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE GREATER OF THE FEES YOU PAID TO UNITIO FOR THE PARTICULAR SERVICES FROM WHICH ANY CLAIMS ARISE OR $100. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY UNITIO IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE UNITIO PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

If you provide Unitio with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold Unitio responsible for any misuse or unauthorized viewing of that information.

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify the Unitio Parties (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than Unitio.

Applicable Law

You agree that the laws of the Commonwealth of Massachusetts (excluding any choice of law rules) govern your rights and obligations relating to Unitio and your use of the Site. You agree to comply with all applicable laws governing your use of the Site and Services.

Exports

You agree to comply with all United States export laws and regulations and all applicable foreign export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. You acknowledge that export of the products or services and any related documentation, in whole or part, contrary to United States law is prohibited. You agree that no part of the products or services available through the Site, either in whole or part, is being acquired for shipment, transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities or for weapons.

Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No failure to exercise and no delay in exercising, by Unitio, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by Unitio of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Unitio.

Additional Terms

Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Dispute Resolution

If a dispute arises between you and any of the Unitio Parties, it is the goal of Unitio to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies (“Claims”) arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding arbitration as described herein.

Any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination or breach thereof) shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site, or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).


The above obligations to arbitrate shall not: (i) apply to violations of the Restrictions on Use of Unitio Materials contained above; or (ii) prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.


Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, the Services, or these Terms shall be in Boston, Massachusetts. Any matter brought before a court shall be brought solely in the state or federal courts located in Boston, Massachusetts. The parties hereby waive their right to a jury trial, and hereby submit to the jurisdiction of such courts or arbitration proceeding.

Independent Parties

For purposes of these Terms, neither parties hereto shall be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by this Agreement.

Entire Agreement

These Terms, and any policies referenced herein (including the Glu Privacy Statement), constitute the entire agreement between you and Unitio related to the Site and services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to in any manner except in writing, and as set forth herein. If there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to Unitio shall govern.

Headings

The headings of the sections in these Terms are strictly for convenience and shall not in any way be construed as amplifying or limiting any of these Terms.

Survival of Obligations

The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.

Copyright Agent for Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Unitio designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Unitio designated agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Unitio’s designated agent for notification may be contacted at:

By Mail: Gesmer Updegrove, LLP 40 Broad Street Boston, MA 02109
By Phone: 1-617-350-6800
By Fax: 1-617-350-6878

Consent Regarding Use of Information

In connection with your use of the Glu site we may store and use certain information associated with you. Information that relates specifically to your Glu session and does not identify you directly – such as your IP address and the kind of web browser you are using – may be collected automatically by the site. Information about you personally – such as your name, age and information about your medical condition – is only collected if you choose to provide it in connection with the Services. The information we automatically collect, and that you voluntarily provide, is referred to as "Your Information".

By agreeing to these Terms, you give Unitio permission to use Your Information in the following ways:

  1. For internal purposes, to help Unitio improve Glu and the experience of Glu members. For example, knowing what percentage of Glu members use a particular web browser may be helpful in planning future website revisions.
  2. Aggregated with information from other Glu members in a manner that does not identify any particular member. For example, users may voluntarily answer a “Question of the Day,” and we may post the results in summary form (on Glu or elsewhere), as in “56% of Glu users reported that they are satisfied with their insulin pump.”
  3. Data that does not directly identify you may be shared with third parties for research purposes, where use of the data is restricted by a contract between Unitio and the researcher. So, to use the example above, Unitio may share with a researcher that 56% of Glu users responding to a Question of the Day reported satisfaction with their current insulin pump. The names of those Glu users would not be shared with the researcher, however.
  4. If you expressly direct us to share specific Information with other Glu members, the Glu site will permit that. For example, you may wish to make your age, name, or even blood glucose history available to other Glu members.

If Unitio intends to gather information about you in addition to what is described here, or it intends to use it or share it more broadly than is described here, you will first be asked to sign a separate consent that spells out the details about how such information will be gathered and used.

As noted above, by agreeing to these Terms, you are also acknowledging and agreeing to the Unitio Privacy Statement. Regarding our use of Your Information, you are encouraged to review the section of the Privacy Statement entitled “How We Use This Information” for more details.