TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for users of the Klue™ Services (as defined below). Klue, Inc. is a wholly owned subsidiary of Medtronic MiniMed, Inc. (“Klue”).  Klue and its affiliates also operate other websites.  These Terms of Use only apply to this website and Klue Services, as defined below, and do not apply to any other websites, apps or services operated by Klue, Medtronic MiniMed, Inc. and its affiliates, or any third party.  You should review the terms of use posted on those websites or apps when you visit them. By accessing or using this website, creating an account, downloading or using the Klue Services, you represent that you had read, understand, and agree to be bound by the Terms of Use.

Unless otherwise indicated, these Terms & Conditions apply to your (i) use and/or access to the www.goklue.com website (this “Website”); (ii) your use of and/or access to the Klue Health App (“App”); (iii) your use of and/or access to the Klue software to connect third-party wearable devices (“Software”) and (iv) your use of and/or access to any content or information and other wearable/mobile-enabled or online technology, digital tools and other services, software and products provided by us, including confidential materials, services, products, and features (including any related components, accessories, and documentation) currently under development by Klue (collectively “Klue Services”).

These Terms of Use were last revised on the date set forth on the last page hereof.  We may change these Terms of Use at any time, and request that you review these Terms of Use each time you visit the website.  By visiting this website and using Klue Services, you accept the most recent version of these Terms of Use.

CALL 911 FOR AN EMERGENCY.
KLUE, INC. DOES NOT PROVIDE MEDICAL ADVICE.  IF YOU ARE IN NEED OF MEDICAL ADVICE, CONTACT YOUR DOCTOR OR MEDICAL PROFESSIONAL.  IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

INFORMATION ONLY; NOT FOR MEDICAL ADVICE.  The App is not a medical device and the Klue Services are not intended to and does not render medical advice. Klue Services are not in any way a substitute for professional medical examination or assessment of a patient’s condition by a healthcare professional.  All content is general in nature, is presented in summary form, and is provided for information purposes only.  Klue Services are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.  Do not rely on content, guidelines, products, or any other service offered by or through Klue Services for making a medical or clinical decision. Please consult your healthcare provider prior to making any decisions related to your health.

ABOUT THE INFORMATION ON THIS WEBSITE.  The software described on this website is an app used with compatible wearable devices. Klue does not practice medicine nor provide medical services or advice, and the information on this website should not be considered medical advice. Our technology is not designed or approved to diagnose or treat medical information. Do not use any information, opinions, content, features or tools of our services to make medical decisions. Health care professionals are expected to exercise their independent judgment and discretion for patient diagnosis and treatment.

THE KLUE HEALTH APP IS CURRENTLY ONLY AVAILABLE IN THE UNITED STATES. USERS MUST BE AT LEAST 18 YEARS OF AGE.

Klue uses reasonable efforts to provide up-to-date and accurate information on this website, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided.  Klue reserves the right to change or discontinue at any time any aspect or feature of this website and Klue Services.  Klue shall not be liable for any damages or injury resulting from your access to, or inability to access, this site, or from your reliance on any information provided at this website.  Klue reserves the right to discontinue any use that is abusive, illegal, disruptive, or that otherwise fails to conform to these Terms of Use.  Accordingly, Klue reserves the right to terminate access to any or all areas of the Klue Services upon a breach of these Terms of Use and will cooperate with local authorities if necessary to further prevent any proscribed illegal use of this website.

PRIVACY AND SECURITY POLICY.  Klue is committed to protecting the privacy of everyone who uses this site. The collection, processing or use of your personal information by Klue as part of your use of this Website and Klue Services is governed by the Privacy Statement. Before using this website, you are required to read our Privacy Statement (and this Terms of Use), the terms of which are incorporated herein, and agree to the terms of such policies.  

OUR COPYRIGHTS AND TRADEMARK.  The materials provided in connection with Klue Services belong to or are licensed to us and/or our affiliates.  The materials are protected by United States and foreign copyright laws. Subject to compliance with the Terms of Use, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the App on mobile devices that you own or control and run such a copy of the App solely for your own personal, non-commercial use.

We and/or our affiliates also own or have rights to use the names we use in connection with Klue Services.  Such names are protected by United States and foreign trademark laws.  An ® following a name on Klue Services materials indicates that the trademark has been registered in the United States and other countries.  A ™ following a name on Klue Services materials indicates that it is an unregistered trademark.  All trademarks are the property of their respective owners.

We and/or our affiliates also own or have rights to use the names we use in connection with Klue Services.  Such names are protected by United States and foreign trademark laws.  An ® following a name on Klue Services materials indicates that the trademark has been registered in the United States and other countries.  A ™ following a name on Klue Services materials indicates that it is an unregistered trademark.  All trademarks are the property of their respective owners.

If you use the materials or trademarks provided in connection with the Klue Services in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws.  In that case, we automatically revoke your permission to use this website.  Title to the materials remains with us or with the authors of the materials contained on this website.  All rights not expressly granted are reserved.

KLUE SOFTWARE. You understand that Klue Services are evolving. As a result, Klue may require you to accept updates to the Klue software installed on your mobile device. You acknowledge and agree that Klue may update the software from time to time in order to provide Klue Services. Additionally, in our sole discretion and without prior notice or liability, we may discontinue or alter any aspect of the services provided to you, including, but not limited to: (i) restricting the time the Klue Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Klue Services, and (iv) changing any feature or functionality provided by the Klue Services. By signing up, you understand and agree that you may have access to features and tools which are currently still under development by Klue, Inc. Such features or tools are offered solely for experimental purposes without any warranty of any kind. Such features or tools may contain errors or bugs and testing or quality assurance of such features or tools may not have been completed. You further understand and agree that Klue, Inc. is not responsible for the accuracy, reliability, effectiveness, or correct use of information, opinions, content, features or tools you receive through our services.

REGISTRATION AND ELECTRONIC COMMUNICATIONS. In order to access certain features of Klue Services, you are required to become a Registered User. In registering for the Klue Services, you agree to (a) provide true, accurate, current and complete information about yourself (“Profile Information”) as prompted by the Klue Services’ registration form, (b) maintain and update your Profile Information to keep it true, accurate, current and complete, and (c) receive communications as part of the Klue Services and in accordance with our Privacy Statement.

LINKS TO THIS WEBSITE AND USE OF MEDTRONIC MARKS.  You are hereby granted a non-exclusive, limited, and revocable license to link to this Website.  Klue reserves the right to revoke this license generally, or your right to use specific links, at any time.  If Klue revokes this license, you agree to remove and disable any and all of your links to this website immediately.

You agree not to present the link to this Website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service, or in any other manner prohibited by or inconsistent with applicable laws.  You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious.  Under no circumstances may you “frame” this website or any of its content or copy portions of this website to a server.  You agree not to display or use any Klue logos or trademarks in any manner without our prior written permission.

LINKS TO OTHER WEBSITES. This Website may contain links to websites not operated by Klue or its affiliates.  We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites.  Inclusion of a link does not constitute an endorsement or recommendation of any product or service. We are not responsible for the performance of those websites or for your business dealings with them.  Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

NO ENDORSEMENTS. Klue does not recommend or endorse any opinions, specific tests, products, or procedures that may be mentioned on this Website.  Klue assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you.  Klue does not assume any liability for the contents of any materials provided on this Website.  Reliance on any information provided on this Website is solely at your own risk.

This Website may from time to time provide sponsorships, links or references to other sites, but Klue is not endorsing these sites, products, services or their respective owners or their opinions.  Klue has no responsibility for such other sites and shall not be liable for any damages or injury arising from that contact.  Any links to other sites are provided merely as a convenience to the users of this website.

YOUR FEEDBACK, COMMENTS AND IDEAS.  We are pleased to receive feedback, comments and ideas from visitors to this Website, but we want you to understand that any information that you submit through this Website will be considered non-personal, non-confidential, and non-proprietary as explained in our Privacy Statement.  If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Website or in connection with the Klue Services, you thereby consent to the collection, processing or use of any personal information included therein and grant Klue an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that Klue is free to use them for any purpose.

NO WARRANTIES.  THE KLUE SERVICES, INCLUDING ANY LINKS AND CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  KLUE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE EXTENT ALLOWED BY LAWS APPLICABLE IN YOUR JURISDICTION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  KLUE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE IN CONNECTION WITH THE KLUE SERVICES.  KLUE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE KLUE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IN CONNECTION WITH THE KLUE SERVICES IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

LIMITATION OF LIABILITY.  TO THE EXTENT ALLOWED BY THE LAWS APPLICABLE IN YOUR JURISDICTION, YOU AGREE THAT NEITHER KLUE NOR ANY PERSON OR COMPANY AFFILIATED WITH KLUE SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE KLUE SERVICES.  THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS KLUE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT ENTITIES, AND SUPPLIERS MENTIONED ON THIS WEBSITE.  THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, TO THE EXTENT ALLOWED BY THE LAWS APPLICABLE IN YOUR JURISDICTION.

KLUE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, PERFORMANCE, NONPERFORMANCE, INTERRUPTION, INFECTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE KLUE SERVICES.  BY USINGTHE KLUE SERVICES, YOU ACKNOWLEDGE THAT INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF KLUE AND ITS AFFILIATES.

IF, NOTWITHSTANDING THE FOREGOING, KLUE, ANY OF ITS AFFILIATES, OR ANY THIRD-PARTY PROVIDER OR DISTRIBUTOR SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE KLUE SERVICES. THE TOTAL LIABILITY OF KLUE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00.  THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS OR COUNTRIES.  IN NO EVENT SHALL KLUE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.  ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE KLUE SERVICES ARE EXCLUDED EVEN IF KLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION.  By your use of the Klue Services you agree to defend, indemnify and hold Klue, its affiliates, and their respective officers, directors, employees, agents, parent, and partners, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Klue Services  in a manner that violates or is alleged to violate these Terms of Use.  Klue shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.

RELATIONSHIP.  The relationship between Klue and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, parents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

OTHER RULES ABOUT THE KLUE SERVICES.  In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials in connection with the Klue Services or on certain areas on this Website or the App, or when you follow a link from this Website.  

Your obligations under these Terms of Use will survive termination of these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Klue and its affiliates harmless against any liability for that harm.  By using the Klue ServicesS you agree that the only proper jurisdiction and venue for any dispute with Klue or its affiliates, parent entities, employees, officers, directors, agents, and partners, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Klue or its affiliates, employees, officers, directors, agents, parent, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.  

You may not assign, convey, subcontract or delegate your rights, duties, or obligations hereunder.

SEVERABILITY.  The unenforceability or invalidity of any clause in these Terms of Use shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from these Terms of Use to the extent of its unenforceability and invalidity. Therefore, these Terms of Use shall be interpreted and enforced as if they did not contain the said clause to the extent of its unenforceability and invalidity.

QUESTIONS, COMMENTS, AND NOTICES.  Klue may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Klue.  If you have questions or comments, you may email us at rs.diabeteslegalprivacy@medtronic.com or deliver notice to Klue at:

Medtronic MiniMedTM, Inc.
18000 Devonshire Street
Northridge, CA 91325-1219 USA
ATTN: Privacy / Legal

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