Not Medical Advice or Healthcare Services
The Services are not intended to provide treatment decisions or to be used as a substitute for professional healthcare advice. Glooko and the Services do not offer or provide any medical advice and the Services and content provided or accessed through the Services are for informational purposes only. You understand that Glooko is not a healthcare professional and Glooko does not offer medical advice or diagnoses, or engage in the practice of medicine or provision of healthcare Services of any kind. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. The User is solely responsible for obtaining proper treatment for his or her conditions. Always seek the advice of Your physician or other qualified health provider with any questions regarding Your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something You have read in connection with the Services.
You are solely responsible for any decisions or actions You take based on the information and materials available through the Services. Reliance on any information provided by Glooko or in connection with the Services is solely at Your own risk.
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.
GLOOKO IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH YOUR USE OF THE SERVICES.
If You think You may have a medical emergency, call Your doctor or 911 immediately.
As part of the registration process You will need to create an account with a username and password. It is Your responsibility to ensure that the information You provide is true, accurate, not misleading and secure. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. Glooko reserve the right with or without notice to suspend or terminate any account in breach.
Any information You provide Glooko shall be accurate, complete and updated. You are solely responsible for the activity that occurs on Your account, for maintaining the confidentiality of and for any information You input to the Services. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify Glooko in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware.
If You have forgotten Your user name or password, Glooko will use an email address provided by You to send Your user name or temporary password. If for any reason You suspect that Your username and password has been disclosed to or obtained by another party You should contact us immediately. Please note that Glooko never contact users requesting them to confirm their username and password or other details.
If You use mobile services to enter and maintain Your personal information, You understand that You are responsible for safeguarding and securing Your mobile device and the associated credentials (such as user identifiers and passwords). If You leave Your mobile device unattended, or if it is lost or stolen, You understand that Your personal information may be accessible to others.
Computer Equipment; Browser Access and Internet Services
With the exception of the Services, You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems“) necessary for You to access and use the Services. This responsibility includes, without limitation, Your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet services provider of Your choice, for any and all fees imposed by such internet services provider and any associated communications Services provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and You hereby expressly assume such risks. You acknowledge that You are responsible for the data security of the Systems used to access the Services, and for the transmission and receipt of information using such Systems. You acknowledge that You have requested access to the specific Services for Your convenience, have made Your own independent assessment of the adequacy of the Internet and Systems, and that You are satisfied with that assessment. Glooko are not responsible for any errors or problems that arise from the malfunction or failure of the internet or Your Systems.
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Glooko’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Glooko may use to prevent or restrict access to the Services (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Services; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
Glooko offers email-based and online support tools. You may access support resources or contact our support by visiting https://support.glooko.com/. In some countries, regions or associated with certain partners, Glooko may direct You to obtain support from third party Services providers. Glooko does not make any promises regarding how quickly Glooko will respond to Your request for support, or that Glooko will be able to fix any problems You may be having. Any suggestions or information provided by Glooko regarding use of the Services shall not be construed as a warranty.
Use of Your Information
Glooko also may enter into business arrangements with third-parties which will allow You to share Your personal data with them. Whether to share Your personal data with these third-parties will be up to You. By properly following instructions provided to You by Glooko and these third-parties, You will be able to decide whether You want to share any personal data with these third-parties
The Services are owned by Glooko. Glooko grants to You, for Your personal purposes only, a
Use of Third Party Hardware and Software with the Services
You will only use the Services in connection with an Apple or Android device that You own or control. In order to use the Services, You must download the mobile application, or access it by going to www.myglooko.com or www.diasend.com, or be activate by syncing Your mobile device(s) with Glooko-approved hardware in Your healthcare provider’s office.
Third Party Service Providers
You may choose to allow a third-party service provider (such as an EHR user) to retrieve, provide, modify or otherwise use health and other information in Your account or otherwise share Your information with such a service provider. Sharing of Your personal data with a third-party is solely at Your own risk. Once You enable a specific third-party service provider to access Your account, such Services provider may continue to access Your account until You affirmatively disable access. Third-party service providers may include both health care providers and other entities. It is Your sole responsibility to review and approve each such third-party service provider before sharing Your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. GLOOKO MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
Third Party Terms
Third Party Links
Glooko may also provide You with links to, or contact information for, third party sites or services. Glooko is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Services. Use of any third party sites and/or services is solely at Your own risk.
Disclaimer of Warranties
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, OPERATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GLOOKO AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GLOOKO DOES NOT WARRANT ANY THIRD-PARTY DEVICE, SMART DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH ANY SERVICES, WHETHER OR NOT SUCH THIRD PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY GLOOKO PRODUCT, SOFTWARE APP OR GLOOKO SERVICE.
NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH GLOOKO OR THE WILL CREATE ANY WARRANTY, EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE GLOOKO PRODUCT’S LABELING.
GLOOKO DOES NOT WARRANT THE ACCURACY OF ANY USER DEVICE, AND THE USER DATA UPLOADED FROM ANY USER DEVICE AND RECEIVED BY GLOOKO IS PROVIDED TO THE USER “AS-IS.” GLOOKO DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR THE SERVICES.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLOOKO (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF GLOOKO HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. EXCEPT AS INCLUDED IN ANY PRODUCT LABELING, AND WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
-YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
-YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
The Services may be subject to United States export control laws. As a result, You represent, warrant and covenant that You are not (a) located in, or a resident or a national of, any country subject to a United States government embargo or other restriction or any country that has been designated by the United States government as a “terrorist supporting” country (click here for more information); and (b) on any of the United States government lists of restricted end users (for example, including the “Specially Designated Nationals” list available here).
Your use of the of the Apple App Store owned and operated by Apple, Inc. is governed by the applicable legal agreements between You and Apple, Inc. (found at: https://www.apple.com/legal/).
Your use of the Google Play marketplace owned and operated by Google Inc. is governed by the legal agreement between You and Google, Inc. consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html).
If You have any questions regarding the Services, please contact Glooko HERE.
DMCA Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on the Glooko Services infringe Your copyright, You (or Your agent) may send to Glooko a written notice by mail or by e-mail requesting that Glooko remove such material or block access to it. If You believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that You made available through any Glooko Services, the DMCA permits You to send to Glooko a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Click here for details. Notices and counter-notices must be sent in writing to Glooko’s DMCA agent as follows: By mail to Legal Department, Glooko, Inc., 303 Bryant St, Mountain View, California USA 94041, United States, or by e-mail to Legal@Glooko.com. You can also reach Glooko’s DMCA agent at the following phone number: 1 (888) 738-3646.
Glooko suggest that You consult Your legal advisor before filing a DMCA notice or counter-notice. You may have equivalent rights under other applicable laws.
In accordance with the DMCA and other applicable law, Glooko has adopted a policy of terminating, in appropriate circumstances, Glooko Services users who are deemed by Glooko to be repeat infringers. Glooko may also at its sole discretion limit access to the Glooko Services and/or terminate the accounts of any Glooko Services users who infringe any intellectual property rights of others, whether or not such users are deemed to be repeat infringers.
Effective February 15, 2020