Terms of Use

 

Use of www.insulet.com and www.MyOmniPod.com (the “Websites”) is subject to the following Terms of Use (this “Agreement”). The Websites are owned by Insulet Corporation (referred to as “us” or “we”). By browsing the Websites or joining our e-mail list, you signify your agreement to the terms of this Agreement. If you do not agree to the terms of this Agreement you must not use the Websites or join our e-mail list. We reserve the right to change the terms of this Agreement, in which event we will post the changes on this page and/or otherwise provide you with notice. Your use of the Websites after such changes are posted will mean that you accept such changes. If you have joined our e-mail list and you do not agree with such changes, your sole remedy is to request removal of your e-mail address from our e-mail list and discontinue all use of the Websites.

 

1. Ownership; Use.
All text, graphics, images and other materials appearing on the Websites (“Content”) are either owned by us, or provided through an arrangement with third parties. Insulet Corporation and any such third parties retain all proprietary rights to the Content, and the Content is protected by United States and international copyright laws. You may view, download and print the Content for your personal, non-commercial home use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by Insulet Corporation under this Agreement.

 

In no event may you sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Deep linking, framing, and the use or posting of the Content on any other website or in a network computer environment for any purpose are expressly prohibited. Trademarks, service marks, and logos, including but not limited to OmniPod, OmniPod™ Insulin Management System and Insulet Corporation™ (the “Marks”) used and displayed on the Websites are our registered and/or unregistered Marks, and nothing on the Websites or in this Agreement should be construed as granting any license or right to use any Marks without our prior express written permission specifically for each use. Other product and company names mentioned herein may be trademarks of their respective owners.

 

2. Links.
The Websites may contain links to external Websites. These links are provided solely for your convenience and do not constitute any endorsement of the external sites. We are not responsible for the availability or content of any external sites. If you decide to access linked external sites, you do so at your own risk. You should direct any concerns regarding any external link to its website administrator or web-master. We reserve the right to approve or reject any links to the Websites.

 

3. Privacy Policy.
We respect your privacy. For more information concerning what information we collect and what we do with such information, please see our Privacy Policy (which terms and conditions are incorporated into this Agreement by reference). Like other Websites, we may obtain and release any information if we believe, correctly or not, that such release is necessary to comply with law, to enforce this Agreement or the Privacy Policy, or to safeguard our property or rights.

 

4. Information Only; Consult Your Health Professional.
YOU UNDERSTAND THAT MEDICAL CARE AND TREATMENT ARE COMPLEX SUBJECTS REQUIRING THE SERVICES OF QUALIFIED MEDICAL PROFESSIONALS. THE INFORMATION PROVIDED ON THESE WEBSITES ARE INTENDED AS BACKGROUND TO HELP YOU UNDERSTAND THE NATURE OF OUR INNOVATIVE MEDICAL TECHNOLOGY AND MAY RELATE TO ADVICE GIVEN BY YOUR DOCTOR OR OTHER HEALTH PROFESSIONAL. SUCH INFORMATION IS NOT TO BE RELIED ON IN ANY WAY IN CONNECTION WITH YOUR PERSONAL HEALTHCARE AND RELATED DECISIONS AND TREATMENT NEEDS. ALL SUCH DECISIONS AND TREATMENT NEEDS SHOULD BE DISCUSSED WITH YOUR DOCTOR OR OTHER HEALTH PROFESSIONAL.

 

5. Disclaimer of Warranties and Limitations on Liability.
Use of the Websites is at your sole risk. Except for any warranties that may be expressly provided by any third party vendor, the Websites, its Content, and all items offered for sale are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. INSULET CORPORATION DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION, AGREEMENT OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTIES´ RIGHTS OR ANY WARRANTY THAT THE WEBSITES OR CONTENT WILL (i) MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) PROVIDE RESULTS THAT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) BE FREE FROM ANY ERRORS OR ANY DEFECTS, OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED.

 

IN NO EVENT SHALL INSULET CORPORATION BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO ANY PERSON, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Some jurisdictions do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so not all of this Section 5 may apply to you. INSULET CORPORATION'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

6. Termination of this Agreement.

• By Us.
  We reserve the right, in our sole discretion, to suspend or terminate this Agreement and your access to all or any part of the Websites or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites or the Content at any time without prior notice or liability.
• By You.
  You may terminate this Agreement and, if applicable, remove your e-mail address from our e-mail list at any time by notifying us at Insulet Corporation, Attn: Webmaster, 9 Oak Park Drive, Bedford, MA 01730 or emailing us at unsubscribe@insulet.com.
• Survival.
  If this Agreement is terminated, Sections 1, 4, 5, 6, and 7 shall survive the termination of this Agreement.

7. Miscellaneous.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts. Any court of competent jurisdiction sitting within Suffolk County, Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Websites or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.