Terms of Use

Last updated: June 2, 2008
Use of this site is subject to, and constitutes acceptance of, the conditions included in these Terms of Use; please read this carefully before using the Intuity Websites.

Terms of Use for the Intuity Website
Intuity Medical, Inc. ("Intuity") operates online services available at
http://www.intuitymedical.com, http://www.testonq.com and other websites owned or operated by Intuity (collectively, the "Intuity Website").

These Terms of Use, including any future modifications, (together, the "Terms") will govern your access to and use of the Intuity Websites. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE INTUITY WEBSITES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS. IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE INTUITY WEBSITES. Intuity reserves the right to change these Terms of Use at any time, and you should check these Terms on each visit to the Intuity Websites. Access to or use of the Intuity Websites constitutes acceptance of the most recent version of the Terms of Use.

1. Disclaimer
The Intuity Websites are offered as a service to provide general information about the products and services of Intuity in the United States. If you live outside of the U.S. , some products and services described may not be available in your country. Intuity does not practice medicine or provide medical services or advice, and the information on the Intuity Websites is not to be construed as medical, legal, investment or other advice. You should consult your healthcare professionals for medical advice and other advisors as appropriate.

2. Permission to Use the Intuity Websites
Subject to these Terms, you may use the Intuity Websites as provided by Intuity only for your personal, noncommercial use. Upon your violate any of these Terms of Use, your permission to access and use the Intuity Websites is immediately revoked and Intuity reserves all rights it may have in law or equity.

3. Intellectual Property Rights in the Intuity Websites and its Content
All content on the Intuity Websites is the property of Intuity or is licensed to Intuity by third parties, and is protected by United States and international patent, trademark, copyright and other similar laws. When you download or print content, all accompanying patent, copyright, trademark and other proprietary notices should be retained. Title to the Intuity Websites and its content remains with Intuity or its licensors, and all rights not expressly granted herein are reserved.

The trademarks Intuity Medical™, OnQ™, Simplifying Diabetes™, One-Step Testing™, and POGO™, One and Done™, Brilliantly Simple™, Mr. Q™, and the logos and other proprietary marks of Intuity Medical, Inc. or its affiliated companies, licensors and partners are trademarks of Intuity or its affiliated companies, licensors and partners. This Agreement does not grant you any right, title or interest in those marks.

4. Limited Linking License for Other Websites
Commercial and other websites may include a link to Intuity's Website
(www.intuitymedical.com or www.testonq.com), so long as the link complies with the following:

a. links to Intuity's homepage at www.intuitymedical.com and does not frame any Intuity Website content;

b. states that the link will lead to the website of "Intuity Medical, Inc." and

c. does not falsely represent or suggest any relationship between the linking Website or the linking sponsor's products or services and Intuity (including suggestions of affiliation or endorsement), unless such a relationship exists and the statement describing the relationship has been expressly permitted by Intuity.

Intuity reserves the right to revoke this license to use specific links at any time. If Intuity revokes this license, you agree to immediately remove all links to the Intuity Websites.

5. Third Party Sites
The Intuity Websites may contain links to other websites ("Linked Websites") for your convenience, but Intuity does not monitor or control the content of other websites. By providing access to other websites, Intuity is not endorsing products or services offered by any other entity and is not recommending the purchase or sale of the stock issued by any company. Intuity disclaims all liability for the content of any website that may be linked to the Intuity Websites via hyperlink, whether such hyperlink is provided by Intuity or by another entity. Your use of Linked Websites is subject to the terms of use of those websites.

6. Restrictions
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Intuity Websites, or any other customer of Intuity, or exploit the Intuity Websites or its content in any way where the purpose is to reveal any personal identification or information, other than your own information. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any other person's use of the Intuity Websites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Intuity Websites or Intuity's systems or networks, or any connected systems or networks.

7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INTUITY WEBSITES AND THE CONTENT MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INTUITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF CONTENT AVAILABLE THROUGH THE INTUITY WEBSITES, OR AS TO THE USE OF THE INTUITY WEBSITES BEING UNINTERRUPTED OR ERROR-FREE. You are responsible for all risk for your access and use of the Intuity Websites, including without limitation, for taking all precautions necessary to ensure that any content you may obtain from the Intuity Websites is free from viruses and any other potentially destructive computer code.

8. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances will Intuity, or any person or entity associated with Intuity, be liable for any losses, expenses or damages whatsoever, whether in contract, tort (including without limitation, negligence) or otherwise, including without limitation reasonable attorneys' fees ("Damages") from the use of, inability to use, or reliance on, or any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction or unauthorized access to, or alteration of, the Intuity Websites or its content, including without limitation, any liability for Damages to your computer hardware, data, information or business and any liability for special or consequential Damages, even if Intuity or an Intuity authorized representative has been advised of the possibility of such Damages.

In no event will Intuity's total liability to you for Damages exceed the amount you paid, if any, for accessing the Intuity Websites or one hundred United States dollars, whichever is greater. All claims and representations presented in the Intuity Website are intended to be forward-looking and are qualified by important factors.

9. Limits by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

10. Privacy Policy
Intuity respects your right to privacy. Intuity will use any personal information collected by the Intuity Website in accordance with the Company's Privacy Policy located at
www.intuitymedical.com/. Intuity's Privacy Policy is hereby incorporated into these Terms by reference.

11. Your Comments and Suggestions; Your Content
We appreciate comments and suggestions from visitors to the Intuity Website. However, any information you submit through the Intuity Website will be considered non-personal, non-confidential and non-proprietary. You hereby grant and will grant to Intuity an unrestricted, fully paid-up, sublicensable, transferable, royalty-free, irrevocable right to use, reproduce, display, perform, create derivative works of, transmit, distribute and otherwise exploit your comments and suggestions in any medium and for any purpose.

The Intuity Website may now or at some other time, allow you to upload data, text and other content ("Your Content"). You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to use and exploit Your Content in order to provide the services available on the Intuity Website and use and analyze Your Content in furtherance of Intuity's business purposes.

12. General Terms
Intuity reserves the right to change these Terms or the Intuity Website content and to discontinue Website availability at any time without notice. If any provision of these Terms of Use is determined to be invalid by any court having competent jurisdiction, the other provisions will remain in full force and effect. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You and Intuity agree that the federal and state courts residing in Santa Clara County, California will have exclusive jurisdiction over these Terms. Sections 1, 3, 7, 8, 9, 11 and 12 will survive any termination of these Terms of Use. You agree to hold Intuity and its licensors harmless from all losses, expenses and damages, including without limitation reasonable attorneys’ fees, resulting from or relating to any information you provide or your violation of these Terms or the Privacy Policy. These Terms are the sole agreement between you and Intuity relating to the subject matter herein. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Intuity without restriction. The failure of Intuity to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Trademark Usage Guidelines
Intuity Medical, Inc.'s ("Intuity") trademarks and logos (collectively "trademarks") are of great value and importance in identifying Intuity as a source of high quality products and services. Proper use of the trademarks is important. In general, any use of Intuity trademarks requires the prior written permission of Intuity. Use of the trademarks by Intuity licensees and other permitted users must conform to these guidelines.

1. Intuity trademarks should always be used with the correct form of notice of registration. The correct notice to be used in association with trademarks depends on whether or not the mark is registered in the applicable jurisdiction. If it is not registered, the notice or the word "trademark" or the symbol "TM," or "SM" should be used in association with the trademark or service mark. If it is registered in the applicable jurisdiction, the "®" should be used. These notices should be placed adjacent to the trademark and be given on all advertising materials, and on product labeling, computer screens, and other uses. Where a trademark is used more than once in a single display, the notice should be placed at the first or most prominent use of the trademark.

2. In addition, the following legend should appear on each document, page, or advertisement in which an Intuity trademark is displayed: Intuity Medical™, Simplifying Diabetes™, One-Step Testing™, and POGO™, One and Done™, Brilliantly Simple™, Mr. Q™ is/are a trademark(s) of Intuity Medical, Inc. in the U.S. and in other international jurisdictions, as appropriate.

3. The trademarks should be used as adjectives and in general should always be accompanied by the generic name of the associated product or service. The trademarks should not appear with a word or portion of the mark omitted or changed.

4. Advertising for Intuity or its products or services, and any use of the Intuity trademarks in any advertising, promotion or collateral must not be in violation of any applicable law, municipal ordinance or administrative agency regulation of any country.

5. Advertising for Intuity or its products or services must not be misleading in any way. Licensees and other permitted users may not display any Intuity trademark in a way that implies affiliation, sponsorship or endorsement by Intuity. Unless otherwise agreed to in writing, no representations or warranties concerning any Intuity product or service should be made under any Intuity trademark.

6. When a trademark is used in a non-stylized form, such as in the body of text of an advertisement, it should be set apart and distinguished from the other words in the text. In order to do this, the trademark should be rendered in boldface type, italics, all capital letters, set in quotation marks, or underscored.

7. When a trademark is used and/or registered in a stylized form, (such as in a logo format), each representation of that trademark should be consistent, undistorted and clear. The logo should not be used in a size so small that any design feature of the mark is lost. In general, this will mean that the logo must appear by itself, in a reasonable size, with reasonable spacing (at least the height of the logo) between each side of the logo and other graphic or textual element.

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