Last Updated: Terms of Use last updated on July 16, 2018

Site Terms of Use

These Terms of Use ("Terms of Use") are a legal and binding agreement between you and ADW Diabetes, LLC (referred to herein as "ADW Diabetes, LLC", "we", "us", or "our") governing your access to and use of the website located at https://amielle.com (the "Site"), which is owned and operated by ADW Diabetes, LLC , and all content, features, functionality, and offers made available through the Site (the "Online Services").

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THE SITE AND ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT VISIT THE SITE OR USE THE ONLINE SERVICES.

In addition, when you place an order for the products available on the Site ("Products"), you will also be subject to ADW Diabetes, LLC's applicable terms of sale, and shipping and returns policy.

  1. Modifications

    We may update, change, modify, or revise these Terms of Use at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the "Last Updated" heading at the top of these Terms of Use. Your continued access to and/or use of the Site and Online Services after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modifications to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.

  2. Privacy

    Please review our Privacy Policy as posted on the Site (the "Privacy Policy"), which is incorporated herein and also governs your use of the Site and Online Services, to understand ADW Diabetes, LLC's privacy practices.

  3. Use

    ADW Diabetes, LLC hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Online Services solely for your personal, non-commercial use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site or Online Services.

    ADW Diabetes, LLC may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Online Services, or (b) change, revise, or modify the Online Services.

  4. Ownership and Intellectual Property Rights

    The Site, Online Services, and all ADW Diabetes, LLC software, systems, technology, and know-how ("ADW Diabetes, LLC Technology") are owned by or licensed to ADW Diabetes, LLC and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. ADW Diabetes, LLC is an authorized distributor of the Amielle products, which are manufactured by Owen Mumford Inc. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Online Services are owned by or licensed to ADW Diabetes, LLC and protected by U.S. and international trademark laws (collectively, the "Marks"). Amielle® is a registered trademark of Owen Mumford, which is licensed to ADW Diabetes, LLC . You agree that ADW Diabetes, LLC or its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Site, Online Services, Marks, and ADW Diabetes, LLC Technology (collectively, the "ADW Diabetes, LLC Intellectual Property"), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Site and Online Services.

    Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any ADW Diabetes, LLC Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any ADW Diabetes, LLC Intellectual Property except as expressly provided in these Terms of Use. You are also advised that ADW Diabetes, LLC and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

  5. Restrictions on Use

    You agree not to:

    • reproduce, distribute, publically display, or otherwise transfer the Site or Online Services;
    • adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, Online Services, or any ADW Diabetes, LLC Technology;
    • prepare derivative works based on the Site, Online Services, or any ADW Diabetes, LLC Technology;
    • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site, Online Services, Products, any ADW Diabetes, LLC Technology;
    • frame, mirror, or in-line link the Site or Online Services, or incorporate into another website, application, or other service any ADW Diabetes, LLC Intellectual Property;
    • use the Site, Online Services, or the ADW Diabetes, LLC Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
    • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
    • interfere with any access control measures or attempt to disable or circumvent such security features;
    • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
    • submit or post any false or misleading information; and/or
    • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of ADW Diabetes, LLC , its licensors, or any other person or entity.

    We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Online Services, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.

    Any unauthorized use automatically terminates the license granted to you hereunder.

  6. Accounts

    To order Products, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all orders made from your account. You agree to notify us immediately of any unauthorized use of your login. ADW Diabetes, LLC shall not be liable for any loss or damage arising from your failure to comply with these obligations. ADW Diabetes, LLC may reject any order for any reason in its sole discretion.

  7. Submissions

    You are solely responsible for any information, content, or material you transmit to or through the Site or otherwise to us, including without limitation, reviews that you post through the Site ("Submissions"). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary. Furthermore, you grant ADW Diabetes, LLC an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to ADW Diabetes, LLC and grant the licenses set forth above; (b) ADW Diabetes, LLC will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party's rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

    ADW Diabetes, LLC takes no responsibility and assumes no liability for any Submission.

  8. Disclaimer of Warranties

    THE SITE AND ONLINE SERVICES ARE PROVIDED "AS IS". ADW DIABETES, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ADW DIABETES, LLC DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

    If you are dissatisfied with the Site and/or Online Services in any way, your sole and exclusive remedy is to discontinue accessing and using the same.

  9. Limitation of Liability

    IN NO EVENT SHALL ADW DIABETES, LLC , ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ONLINE SERVICES OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF ADW DIABETES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL ADW DIABETES, LLC 'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE SITE OR ONLINE SERVICES AND/OR THESE TERMS OF USE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.

    THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  10. Indemnification

    You agree to defend, indemnify, and hold harmless ADW Diabetes, LLC and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees and costs) arising from your breach of these Terms of Use.

  11. Electronic Communications

    When you visit or use the Site or Online Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

  12. Links

    The Site and our emails may contain links to other third party websites and social media pages ("Linked Sites"). These Terms of Use only apply to the Site and do not apply to any Linked Sites. We encourage you to read and understand the terms of use of any Linked Sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

  13. International Use

    The Online Services are controlled, operated, and administered by ADW Diabetes, LLC from offices within the United States of America. We make no representation regarding use of the Online Services outside of the United States.

  14. Governing Law/Jurisdiction/Claim Limitation

    These Terms of Use are governed by the laws of the State of Florida. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms of Use, the Online Services, or any Products. Any action or suit related to these Terms of Use or the Online Services must be brought in the state or federal courts sitting in Pompano Beach, Florida, provided however, that ADW Diabetes, LLC may seek equitable relief in any jurisdiction. Any cause of action brought against ADW Diabetes, LLC must be commenced within one (1) year after the claim or cause of action arose. In any action or proceeding arising under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys' fees.

  15. Violation of these Terms of Use and Remedies

    ADW Diabetes, LLC may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and Online Services if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms of Use will cause irreparable harm to ADW Diabetes, LLC , and therefore you agree that ADW Diabetes, LLC shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies.

  16. General Provisions

    If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. ADW Diabetes, LLC 's failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by ADW Diabetes, LLC hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy and any other terms applicable to our Products, as each is currently posted, constitute the entire agreement between ADW Diabetes, LLC and you with respect to your use of the Site and the Online Services and supersede all previous written or oral agreements relating to the subject matter hereof.

  17. Contact Us

    If you have any questions about this Privacy Policy or ADW Diabetes, LLC's information privacy practices, please contact us at:

    E-mail: amielle@adwdiabetes.com

    Mail:

    ADW Diabetes
    2501 NW 34th Pl #34
    Pompano Beach, FL 33069

Copyright © ADW Diabetes, LLC Inc. All rights reserved.