Terms & Conditions

Thank you for visiting the Accu-Chek Guide SimplePay program site, a Web site of Roche Diabetes Care, Inc. ("Roche"). Please read the Terms and Conditions of Use ("Terms") for this Web site (the "Site"). We are committed to protecting your privacy and security. For more information, you should read our Privacy Policy.

These Terms were last updated on July 3, 2019 (the "Revision Date").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Please reference and review the Terms on a regular basis as they constitute a legally binding agreement between you and Roche and have important consequences for your legal rights and obligations. The Terms apply to this Site.

By accessing or using this Site, you agree to these Terms. The Terms govern your use of the Site. It is your responsibility to read and understand them. If you do not agree with the Terms, do not use this Site.

We may, without notice, revise and update the Terms at any time, and the updated Terms will apply to your use of the Site effective as of the Revision Date. The revisions and updates will be indicated by a change in the Revision Date listed above for ease of reference. Your continued use of the Site means that you accept the updated Terms.

If you violate any of the Terms, your permission to access the Site and use the content automatically terminates.

Contact Us

If you have any questions about these Terms or the Site, please contact us.

Roche Diabetes Care, Inc.
9115 Hague Road
Indianapolis, Indiana 46250
Attn: Privacy Officer
accu-chek.care@roche.com

INDEX

Access to Site and Subscription

Your use of the Site is conditioned on your completion of a registration process ("Registration Process") through which you will establish a username and password. You will be required to enter your username and password to use the Site.

Your username and password are personal to you. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your username and password. You may not allow anyone else to use your username and password, nor may you use anyone else's username or password at any time. You agree to immediately notify us of any unauthorized use of your username, password, account or any other breach of security.

Roche will not be liable for any loss that you may incur as a result of someone else using your username, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Roche, our affiliates, licensors, suppliers, officers, directors, employees, agents or other related parties (collectively, the "Affiliates") or any other party due to someone else using your username, password or account.

Roche may terminate your username, password and account, and terminate your access to this Site without prior notice and in our sole discretion, and we are not liable to you or any third party for such termination.

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Your Account Obligations

In consideration of your use of and/or registration on this Site, you agree to: (1) provide true, accurate, current and complete information about yourself, as and when prompted during the Registration Process or any other time during your use of the Site, for your account information (the "Account Information") and (2) maintain and promptly update your Account Information to keep it true, accurate, current and complete.

Personal information you supply, including Account Information and certain other information about you, may be governed by our Privacy Policy. You should read that policy for more information.

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Roche Liability

Your use of the Site is entirely at your own risk. The Site is provided "as is" and Roche (and its Affiliates) makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guaranty, or representation, whether oral, written or in electronic form, including but not limited to the accuracy or completeness of the Site. TO THE FULLEST EXTENT PERMITTED BY LAW, ROCHE (AND ITS AFFILIATES) DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

Roche (and its Affiliates) will not be responsible to you or to any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with the Site, or your use of or inability to use the Site, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss. In the event that the exclusion or limitation of liability for consequential or incidental damages is limited by state or other law, such liability is limited to the fullest extent permitted by law. Roche (and its Affiliates) are not liable for any personal injury, including death, caused by your use or misuse of the Site. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Roche (and its Affiliates) from losses or damages you sustain in connection with your use of the Site. Roche (and its Affiliates) is liable only to the extent of actual damages incurred to you, but in no event in an amount greater than one hundred dollars ($100.00). Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action.

Without limiting the foregoing, Roche (and its Affiliates) makes no and fully disclaim any representations or warranties about (1) the accuracy, completeness, currentness or reliability of the content provided in the Site; (2) the freedom of content from infection by viruses, Trojan horses, worms, rootkits, spyware, dishonest adware, crimeware or other malicious or unwanted software. However, Roche will strive to ensure that the content is secure and does not contain such malicious or unwanted software; and (3) the satisfaction of any government regulations requiring disclosure of information on medical device, prescription drug or health products.

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Use of Content

The Site content may be protected by copyright, trademark and/or other proprietary rights. All content is subject to the copyright protections provided under United States and international laws. Roche (or an Affiliate) retains all rights, including copyright, to all content. Unless otherwise provided in the Site or relating to particular content, you may download and use the content for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the content. You may not, however, distribute, modify, transmit, reuse, repost, transfer or make any other use of any content for public or commercial purposes.

Any use of the content not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark or other laws. The content is subject to change or termination without notice in Roche's full discretion. All rights not granted by the Terms are reserved to Roche (or its Affiliate).

Some photographs on this website use stock photography models who have not been diagnosed with diabetes and are not actual customers of or affiliated with Roche. Photographs are used for illustrative purposes and models do not personally endorse Roche services, products, affiliations or marketing efforts. Roche, our respective officers, directors, employees, agents and/or independent contractors assume no liability for any consequence relating directly or indirectly to the use of the photographs showing the models on this website.

Any trademarks, logos or other source identifying information appearing throughout the Site belong to Roche, its Affiliate, or third-party trademark owners, and are protected by U.S. and international trademark laws. Without Roche's express prior written permission, you agree not to display or use in any manner the Roche trademarks or logos, or any other trademarks or logos found on the Site. Nothing on this Site confers any license or other rights under the intellectual property or other proprietary rights of Roche, its Affiliates or any third party, whether by estoppel, implication or otherwise.

Any rules for the use of software or other items accessible on or from this Site may be included elsewhere on the Site and are hereby incorporated by reference into these Terms.

We control and operate the Site from the United States. We make no representation that materials on the site are appropriate or available for use outside the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

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Not Intended for Minors

The Site is not designed or intended for use by minors. You must be at least 18 years old to use the Site. If you are under age 18, you may not use the Site.

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The Subscription Contract Between You and Roche

By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must sign into your account or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act.

Subscriptions are on a pay-as-you-go basis. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You agree that any products your purchase from this site are for your personal use only (or as a gift) and that you will not resell or distribute the products to other entities or individuals. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

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Product Information; Limitation on Quantities

We strive to ensure that the information on the site is complete and reliable, excluding any content which may be submitted by members from time to time. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by members and to revise, suspend or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our site will be available.

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Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.

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Risk of Loss

Any merchandise purchased from the Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

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Advertisers and Links to Other Sites

We may provide links to third-party sites from the Site. We provide these links only as a convenience to you. We have no control over, do not recommend and do not endorse the content of any third-party Web sites. We are not responsible for content provided by third parties and make no representations about the accuracy, completeness, currentness or reliability of such content. Your correspondence or business dealings with, or participation in promotions of, third parties, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with such third parties. You are solely responsible for viewing and abiding by the terms of use, privacy statements or other agreement pertaining to the use of such third-party sites.

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User Submissions

The personal information you submit to us may be governed by our Privacy Policy.

You agree that you will not submit, upload, transmit or otherwise make available to Roche or the Site any communications or content of any type that infringes or violates the rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes, except as otherwise governed by our Privacy Policy.

We are pleased to hear from our customers and welcome your comments regarding the Site and the content. We ask that you be specific in your comments regarding services and products. If you send comments, suggestions, ideas, materials, notes, drawings, concepts, business information, concepts, inventions or post or submit any other information anywhere on the Site (collectively, "Submissions"), you hereby warrant that you are the owner of such Submission and that you grant Roche a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media, or any form, now known or hereafter developed, without Roche incurring any obligations of confidentiality, attribution or compensation to you. Roche may sublicense its rights in the Submission through multiple tiers of sublicenses. Without limiting the foregoing, the Submissions are not subject to any obligation of confidence on Roche's part, and Roche is not liable for any use or disclosure of any Submission. If you do not wish to grant such a license to Roche to your submitted materials, do not submit them to us through the Site, via email or via electronic means.

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Your Conduct and Safety

Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site, will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, as determined by Roche in our sole discretion, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

You agree not to access the Site by any means other than through the interface that we provide for use in accessing the Site.

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Indemnification

You agree to indemnify and hold harmless Roche, its Affiliates and their respective officers, directors, employers and agents from any claim or demand, including reasonable attorneys' fees, made due to or arising out of your use of the Site; the content you submit, post to or transmit through the Site; your violation of the Terms or the Privacy Policy; or your violation of any law or the rights of a third party.

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Our Rights

Roche, our Affiliates or third parties may choose to electronically monitor areas of the Site and your use of and activity on the Site. Except as provided in our Privacy Policy, we may disclose information gathered from you, including but not limited to, your email address, screen name, survey responses and topics you have reviewed, (1) to comply with any law, regulation, or government request; (2) if such disclosure is necessary or appropriate to operate the Site; (3) in special instances, such as in response to a physical threat to you or others, to protect the safety of you or others, to safeguard property or defend or assert legal rights, or (4) for any other reason that we, in our sole discretion, deem reasonable, in accordance with all applicable laws.

We reserve the right to refuse to offer services to you for any reason.

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General

Choice of Law and Jurisdiction. The Terms, and any dispute arising out of your use of the Site, are governed and interpreted in accordance with the laws of the State of Indiana (without regard to its conflicts of laws principles) and the applicable laws of the United States. You irrevocably consent to the exclusive jurisdiction of courts located in Marion County, Indiana, for all purposes in connection with any action or proceeding which arises out of or relates to the Terms, the Site or its content.

Survival. The provisions of these Terms survive the expiration or termination of your account with Roche.

Severability and Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be illegal or unenforceable, then such section will be eliminated or limited to the minimum extent necessary to comply with the court ruling and the remainder of the Terms will continue in full force and effect. The consent to or waiver by Roche of any breach by you of any section of the Terms, whether express or implied, is not a consent to or waiver of any other, different or subsequent breach or non-compliance.

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