Offer Terms

Welcome to FreeDiabeticMeterNow.com (hereinafter the "Site,” “Us,” “Our” or “We”). The following terms and conditions and any other policies, notices, rules or guidelines posted on the Site govern your use of the Site. Because these Terms and Conditions contain legal obligations, please read them carefully.

ELIGIBILITY & RULES OF PARTICIPATION

1. To be eligible to participate in the our rewards program, you must be at least 18 years of age at the time of registration and reside in the continental United States, Alaska or Hawaii. Only one reward per household and there must be no other accounts in your household. Corporations or other business entities are not eligible to participate.

2. Eligible participants must comply with the following rules and requirements (“Program Requirements”) in order to receive a free diabetic meter:

a. establish and maintain only one account by submitting your correct name, email address and current mailing address (PO Boxes are not accepted) and other information required on the signup page(s) on our site;

b. Enable cookies in your browser;

c. enroll in an advertisers’ offer through the links on this site and fulfill the exact set of requirements as detailed on advertisers site (See Terms Of Advertiser Offer);

d. provide valid and truthful information as requested by the advertiser.

TERMS OF ADVERTISER OFFER:

In order to receive the free diabetic meter you will need to enroll in a negative option free trail offer from one of the advertisers posted on our site. Enrollment will require that you pay the initial cost of shipping or initial subscription fee for your chosen advertiser with a valid credit card. Enrollment may also result in you being billed on a recurring basis if you do not cancel your subscription (or recurring order) according to that advertiser’s terms and within the necessary time period as shown on their site.

PROOF OF PARTICIPATION

The advertiser must report to us that you have successfully completed their offer (usually done in real-time but if systems are down it may take up to 72 hours). If you have not received your diabetic meter within two weeks and you feel that you have enrolled in a participating advertiser’s offer, please call us at 18888888888.

CONFIDENTIALITY

By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent that you are a bona fide consumer using the Site solely for your own enjoyment and not on behalf of or for the benefit of any third parties or for any other purpose.

SUBSTITION IF NECESSARY

We will make every effort to fulfill your request with the exact meter shown, however if for any reason we can no longer obtain the exact make and model, we reserve the right to replace it with a model of equal or greater value.

CHANGES TO THESE OFFER TERMS

PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately upon posting to our site. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes.

PRIVACY

Please review our Privacy Policy which also governs your visit to this Site, to understand our data collection and security practices.

CUSTOMER SERVICE

We are solely responsible for the fulfillment of your Diabetic Meter. All questions related to your order status should be directed to us. Please do not contact our advertisers regarding your Meter.

The advertisers are solely responsible for their offers and program requirements. For questions regarding refunds, products, cancellations and related customer service,, please contact them directly.

TERMINATION AND CANCELLATION

We may, at Our sole discretion and for any reason or no reason at all, terminate any account and deny any reward without prior notice for (a) any violation of any provision of these Terms or Conditions; (b) aiding in or promoting circumvention of the our rewards program, including, but not limited to, using any account to accrue a diabetic meter for a third party or using a third party's account to accrue a diabetic meter for yourself; (c) acting against the business interests or reputation of the Site; (d) any other reason at our discretion. If your account is terminated, you may not re-enroll or join under a new account without our prior written authorization. You may cancel your membership at anytime by sending an Email.

MARKETING MATERIALS.

By signing up for this Site, you are giving your consent to receive promotions by phone or mail or by email from this Site, its affiliated entities and/or third-party marketing partners. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive.

RELATIONSHIP WITH MARKETING PARTNERS.

Participating advertisers are independent third parties and the Site is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any such advertiser whose offer you respond to is solely between You and the advertiser. You agree not to hold Us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such partners through the Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

B. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (“SITE TEAM”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING OR (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE VALUE OF THE REWARD OFFERED TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CALIFORNIA USER CONSUMER RIGHTS

In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254; or by email to dca@dca.ca.gov.

NOTICE

Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by Email (with a copy by postal mail) or by postal mail at the following address: 21699 Hwy 40, Golden CO 80401

Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of ours and our affiliates, licensors, and service providers. You agree not to: (i) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site; (ii) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (iii) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (iv) defame or disparage us, our Trademarks, or any aspect of the Site; and (v) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services. Links to the Site without our express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.

INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:

Registered Copyright Agent,21699 Hwy 40, Golden CO 80401

PLACE OF PERFORMANCE

You understand and agree that this Site does business only in the State of Colorado. References to any Site product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from locations outside Colorado do so on their own initiative and are responsible for compliance with all applicable local laws.

GENERAL

A. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. You hereby consent to jurisdiction and venue in the state and federal courts in Los Angeles County, California for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to the Site) and agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between the Site's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.

UPDATED: March 12, 2009