This Web site is owned by Animas Corporation ("Animas"). All right, title, and interest in and to the content displayed on the Web site, including but not limited to the Web site's look and feel, data, information, text, graphics, images, sound, or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Animas or its respective partners, agents, or third party licensors. back to top
If you have any questions or concerns with respect to the Agreement or the Web site you may contact a representative of Animas using our online form. back to top
Web site Intended Audience
This Web site is intended for and directed to adults in the United States only. This Web site is not intended for any children under the age of 13. Parents and guardians may submit information to this Web site on behalf of a child. back to top
Modification or Suspension of the Web site
You agree that Animas may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Animas will not be liable for any consequences of doing so. back to top
Modifications to the Terms & Conditions of Use
Animas may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Web site. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Web site following the posting of changes constitutes your acceptance of any such changes. back to top
The information communicated on the Web site constitutes an electronic communication. When you communicate with us through the Web site or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. back to top
Purchasing Items on estore.animascorp.com
Animas attempts to describe the items available on the Web site as accurately as possible. Animas does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. Order Acceptance and Shipment Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. The Web site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web site Pricing Errors and Omissions Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Web site and when errors are discovered, we will correct them. Be advised that Animas reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled. Return Policy Items purchased from estore.animascorp.com are not returnable as described in our Return Policy. Third Party Product Warranties Any warranty or guarantee regarding any third party product or item you purchase via the Web site is provided to you solely by the applicable third party. To the extent it is authorized to do so, Animas will pass said third party warranties and guarantees to you upon your purchase of the third party product or item. Animas does not make any representations, warranties or guarantees with respect to any third party products, items or services that may be obtained from the Web site, and you agree that Animas will have no liability with respect to any loss or damage of any kind incurred as a result of any third party product or item, or as a result of the presence of such third party products or items on the Web site. back to top
Compliance with Laws
You agree to comply with all applicable laws and regulations regarding your use of the Web site, including, without limitation, intellectual property laws, privacy laws and laws regarding import/export of technical data by virtue of your online transmission. back to top
Linking to Animas
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray Animas, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Animas logo or graphic or trademark as part of the link without the prior express written permission of Animas. back to top
Protection of Intellectual Rights and License
You acknowledge that content available through the Web site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property"), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. Except as expressly authorized by Animas herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web site or any content (including, without limitation, any software) available through the Web site.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Web site for purposes of placing an order via the Website or for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on or included with the content.
You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Web site in any way, for any public or commercial use or provide it to any commercial source, including other Web sites, regardless of whether you receive compensation, without the prior written permission of Animas.
You may not frame any trademark, logo, or other proprietary information on this Web site without the express written consent of Animas. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Animas's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
None of the material contained on this Web site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of Animas.
Except as otherwise noted, all content posted on this Web site is:
Copyright © Animas Corporation 2008 - ALL RIGHTS RESERVED
Animas has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material or data, please contact us. back to top
Notice and Procedure for Making Claims of Copyright Infringement
Animas asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, Animas has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Animas's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Web site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Animas's Copyright Agent for Notice of claims of copyright infringement on its Web site can be reached as follows: through our online form or by mail at:
Attn: Law Department
200 Lawrence Drive
West Chester, PA 19380
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
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- Animas shall remove or disable access to the material that is alleged to be infringing;
- Animas shall forward the written notification to such alleged infringer ("Subscriber"); and
- Animas shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
"Animas" and "ezManager" are registered trademarks of Animas. All other trademarks and service marks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Animas without our prior written consent. back to top
The trademarks, logos and service marks, including those listed above, displayed on the Web site (collectively the "Marks") identify Animas’s products and services, and inform the public that Animas is the source of those products and services. Nothing contained on the Web site should be construed as granting any right or license to use any Mark displayed on the Web site. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
- To identify materials or services that are not Animas’s materials or services;
- In, as, or part of your own trademarks or services marks;
- In an manner likely to cause confusion;
- In a manner that implies inaccurately that Animas sponsors, endorses or is otherwise connected with your products, services or other activities; or
- In a manner that disparages Animas or dilutes the Marks.
You are also advised that Animas will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from Animas. Please make such requests through our online form. We will evaluate your request and respond as soon as possible. back to top
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THIS WEB SITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND IS NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION OR BEFORE STARTING ANY NEW TREATMENT.
YOUR USE OF THE WEB SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. ANIMAS AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE ANIMAS STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, ANIMAS AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION. back to top
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ANIMAS, ITS SUPPLIERS OR AGENTS, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ANIMAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. back to top
Limitations of Actions Brought Against Animas
You agree that any claim or cause of action arising out of your use of the Web site or the Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. back to top
Disclaimer of Warranties With Respect to Use of Web site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANIMAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
ANIMAS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ANIMAS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANIMAS OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. back to top
You agree to indemnify and hold harmless Animas, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web site; Content you submit, post, or transmit through the Web site; your breach of the Agreement; and your connection to the Web site. back to top
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect. back to top
The Agreement and the resolution of any dispute related to the Agreement, the Web site, or items you purchase through the Web site, shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law. Any legal action or proceeding between Animas and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum. back to top
You agree that Animas may, in its sole discretion, and at any time, terminate your use of the Web site, and may remove or delete any or all of your Content within the Web site, without prior notice to you for any reason that Animas, in its sole discretion, deems appropriate. You further agree that Animas will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web site. In the event of any termination of your use of or access to the Web site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination. back to top
These Terms & Conditions of Use were last updated on March 28, 2016.