Disclaimer and Privacy Policy

Website Terms and Conditions of Use

The following terms and conditions apply to this website, www.glycomark.com (the “Site”), which is owned and operated by GlycoMark, Inc. – a joint venture among TOYOTA TSUSHO AMERICA, INC., TOYOTA TSUSHO CORPORATION, and Nippon Kayaku Co., Ltd. These terms and conditions together with any supplemental terms, conditions, or rules posted to the Site, which may be modified or updated from time to time in GlycoMark, Inc.’s sole discretion, without prior notice, set forth the legally binding terms (“Terms”) governing your use of this Site. By accessing and using the Site, you accept these Terms without limitation or qualification. You are not permitted to use this Site if you do not agree to be legally bound by these Terms, which constitute an agreement between you and GlycoMark, Inc. Your access to the Site is therefore subject to these Terms as well as to all applicable laws. Please read these Terms carefully. If you find these Terms to be unacceptable, please do not use this Site.

Site Content, Disclaimers and Limitation of Liability

The Site contains information regarding the GlycoMark test. The GlycoMark test is an FDA-cleared serum or plasma blood chemistry test for the intermediate term monitoring of glycemic control in people with diabetes. All information included in this Site is for information purposes only. The information in this Site is not legally binding and does not constitute an offer to sell. GlycoMark, Inc. may change and/or alter the contents of this Site, or may suspend or discontinue the services provided through this Site at any time, for any reason, without any prior notice.

This Site and all information and materials contained herein, is provided to you on an “as is” basis without warranty of any kind either express or implied. While GlycoMark, Inc. makes all reasonable efforts to ensure that all information on this Site is correct, accuracy cannot be guaranteed. GlycoMark, Inc. does not make any warranties or representations regarding the use of the materials on this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

No advice or information, whether oral or written, obtained by you from GlycoMark, Inc. or through or from this Site shall create any warranty of any kind. GlycoMark, Inc. does not assume, and expressly disclaims, to the fullest extent permitted under applicable law, all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on this Site are noninfringing; that access to this Site will be uninterrupted or error-free; that this Site will be secure; that this Site or the server that makes this Site available will be virus-free; or that information on this Site will be complete, accurate, reliable or timely.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

To the fullest extent permitted under applicable law, you understand and agree that neither GlycoMark, Inc., nor any of its affiliates or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from GlycoMark, Inc.’s alteration of or change to the contents of the Site; your use of or inability to use this Site or any other site you access through a link from this Site; or from any actions we take or fail to take as a result of email messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this Site, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

Because some jurisdictions do not allow limitations on the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

Product Variation

Specifications, appearance and other properties of GlycoMark products may vary according to the country in which they are sold. For detailed information regarding GlycoMark products, please contact dealers, distributors or import agencies in your country or territory.

Control Over Site

GlycoMark, Inc. maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice, cause, and for any reason whatsoever. While GlycoMark, Inc. is under no obligation to monitor and/or review any input placed on the Site by users and assumes no responsibility or liability whatsoever relating to any such user input, GlycoMark, Inc. reserves the right to check from time to time such user input and to remove any such input from the Site with or without justification.

Intellectual Property Ownership

All material on this Site including, but not limited to, text, images, graphics, animation, videos, audio and other materials (“Content”) are the property of GlycoMark, Inc. or used on this Site with permission. You acknowledge and agree that the Content and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by GlycoMark, Inc. The GlycoMark trade name, trademark and logos are trademarks owned by GlycoMark, Inc. The GlycoMark name, mark, logos, and model names may not be used, downloaded, copied or distributed in any way. The collection and compilation of the Content, and the overall “look and feel” and distinctiveness of the Site constitute trade dress owned by GlycoMark, Inc. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of the Site, or any Content on the Site. Systematic retrieval of information, and/or “scraping” from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory of information provided on the Site is prohibited.

Without waiving any of the foregoing rights, you may use the Content of this Site for your personal, noncommercial home use, provided that you keep intact all copyright and other proprietary notices.

Links to Other Websites

This Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by GlycoMark, Inc. of the contents of such third-party websites or their owners. The information presented in any third party website is the sole responsibility of those website owners. GlycoMark, Inc. makes no representation or warranty as to the accuracy, completeness or authenticity of the content of any third party websites, and access to any such website is at your own risk.

Indemnification

You agree to indemnify, defend and hold harmless GlycoMark, Inc., its affiliates, shareholders, officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from any violation of these Terms. If you cause a technical disruption of this Site or the systems transmitting this Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Notice of Copyright Infringement Claims

GlycoMark, Inc. is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user and remove or modify any content on our website in our discretion.

If you believe you have a copyright infringement claim resulting from material posted on this website, you may notify us by providing the following information to our designated agent, as required by 17 U.S.C. § 512:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow us to locate the material;
  4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
  5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your notification to our designated agent who may be contacted as follows:

Designated Agent: Kim Stebbings

Address: 805 3rd Avenue 17th Floor, New York, New York

Telephone: 1-888-744-0331

Fax: (212) 355-8165

E-mail: info@glycomark.com

Jurisdiction

These Terms and this agreement shall be interpreted, construed and enforced in accordance with the laws of the State of New York, excluding its choice of law rules. All controversies and disputes arising out of or relating to these Terms shall be filed in the state and federal courts of the state of New York. You waive any objection to the venue and accept the personal jurisdiction of such courts.

Miscellaneous

If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of these Terms will remain in place. A waiver of any term or condition of these Terms in one or more instances will not constitute a permanent waiver of the term or condition or any other term or condition of these Terms or a general waiver. These Terms constitute the entire agreement and understanding between you and GlycoMark, Inc. with respect to use of the Site, superseding all prior or contemporaneous communications.

Privacy Policy

Handling of Personally Identifiable Information

GlycoMark, Inc. regards the protection of your privacy as an issue of paramount importance and makes every effort to ensure the secure collection, transmission and storage of personal data. This page explains GlycoMark, Inc.’s policy with respect to personally identifiable information, and to help you understand how we collect, use, and store your personal information. The effective date of this policy is January 1, 2012.

Personally Identifiable Information Provided Voluntarily by You

To enable us to provide you with information about our products and services, you provide personally identifiable information that may include your name, address, gender, telephone number, and e-mail address. GlycoMark, Inc. regards such information as information that you have provided voluntarily.

IP Addresses, Cookies, and Web Beacon

In order to manage this Site, GlycoMark, Inc. collects information on the IP address used when the computer that a customer is using connects to the Internet.

We only use the IP addresses collected through this Site to ensure the appropriate, safe management and operation of this Site’s services. In addition to preventing unauthorized access, the collection of IP addresses enables rapid identification of the cause and restoration of normal operations in the event of a failure of this Site. We do not use or disclose IP addresses in connection with customers’ personally identifiable information.

While we collect information on how you use this Site’s services, we preserve the anonymity of individual users in the use or disclosure of this information. However, when we deem it necessary for the protection of this Site or of its users, we may implement measures by using IP addresses to identify individuals. You agree that your use of this Site constitutes consent to such collection and use of your IP address.

GlycoMark, Inc. uses cookies and Web beacon technologies to trace the route followed by users to access this Site, to record users’ activities on this Site, and to assess and improve the design for the benefit of customers. GlycoMark, Inc. does not, however, use cookies and Web beacon technologies to record information concerning individual users, and consequently no information on specific users is stored or used. Users have the option of adjusting their browser settings to refuse cookies or alert them when cookies are sent.

SSL Security

We use SSL (Secure Socket Layer: an industry-standard security function that encrypts and transmits information online) to ensure that personally identifiable information that you send to us via this Site is kept secure. Using an SSL compatible browser ensures that the personally identifiable information that you send and receive is encrypted automatically.

Provision of Information to Third Parties and Secondary Usage of Information

GlycoMark, Inc. will not transfer your personal data to third parties, except to its related entities in its distribution network. You have at all times the right to object to the use of your personal data. GlycoMark, Inc. may disclose your personally identifiable information without your consent when we deem it necessary in emergencies for the protection of human lives or human rights, when cooperating with requests based on laws and regulations from public agencies such as judicial institutions or police forces, or when acting in accordance with other laws and regulations.

Management of Personally Identifiable Information

GlycoMark, Inc. implements strict data management practices to ensure that personally identifiable information provided by you via this Site is not lost or damaged. Also, we undertake stringent data security measures. Users’ personally identifiable information is stored in an environment that can only be accessed by the managers of this Site, and GlycoMark, Inc. ensures that such information is not leaked to third parties or tampered with by outside parties.

When outsourcing work related to the operation of this Site and to the use or management of your personally identifiable information, GlycoMark, Inc. carries out rigorous monitoring and management of the commissioned companies’ handling of personally identifiable information.

Your Responsibility

This Site contains links to third-party web Sites. Please check respective policies with regard to the handling of personally identifiable information at those websites.

You are responsible for your use of this Site. GlycoMark, Inc. does not assume any responsibility whatsoever for any damages arising from the use of various types of information that have been obtained by using personally identifiable information from this Site or third-party websites that have links in this Site.

Wireless Addresses

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from us. You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the “opt-out” instructions in message you receive. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

Children’s Online Privacy Protection Act

The website is intended for adult users of the GlycoMark test and is not directed at children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13. No information should be submitted to or posted on the website by users under 13 years of age. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to not provide Personal Data on this website. If you have reason to believe that a child under the age of 13 has provided Personal Data to GlycoMark, Inc. through this website, please contact us, and we will endeavor to delete that information from our databases.

Changes

GlycoMark, Inc. may review and revise this policy from time to time in GlycoMark, Inc.’s sole discretion, and without prior notice. Any changes to this policy will be published to this webpage.