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OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE,
THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION,
SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL
PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS
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You agree to indemnify and hold blasttype2diabetes.com,
its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of your use of the blasttype2diabetes.com Services in violation of
this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and
warranties set forth in this Agreement and/or if any Content
that you post on or through the blasttype2diabetes.com Services causes
blasttype2diabetes.com to be liable to another.
Other.
This Agreement is accepted upon your use of the
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is further affirmed by you becoming a Member. This Agreement
constitutes the agreement between you and blasttype2diabetes.com
regarding the use of the blasttype2diabetes.com Services. The failure
of blasttype2diabetes.com to exercise or enforce any right or
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contractual effect. blasttype2diabetes.com is a trademark of
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permissible by law. If any provision of this Agreement is
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severable from this Agreement and does not affect the
validity and enforceability of any remaining
provisions.LIMITATION OF LIABILITY
In no event shall blasttype2diabetes.com , its officers, Council
members, employees, agents, licensors, suppliers and their
respective successors and assigns be liable for damages of
any kind, including, without limitation, any direct,
special, indirect, punitive, incidental or consequential
damages incurred in connection with your use, misuse or
reliance upon the Web Site or its derived products, or your
inability to use the Web Site, regardless of the cause and
whether arising in contract (including fundamental breach),
tort (including negligence), or otherwise. The foregoing
limitation shall apply even if blasttype2diabetes.com knew of or ought
to have known of the possibility of such damages. You
acknowledge and agree that your access to and use of the Web
Site and the Content is entirely at your own risk and
liability. Use of the Web Site
blasttype2diabetes.com authorizes you to access and use the Web
Site for your personal non-commercial use in accordance with
the terms and conditions of this Agreement. Copyright
The blasttype2diabetes.com Web Site and the Content are protected
by copyright and other intellectual property laws and is
owned by the blasttype2diabetes.com and its licensors, or the party
accredited as the provider of the Content. Except as granted
in the limited license herein, any use of the Content,
including modification, transmission, publication,
distribution, republication, or other exploitation of the
Web Site or of its Content, whether in whole or in part, is
prohibited without the express prior written consent of the
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Subject to the terms and conditions of this Agreement,
you are hereby granted a limited, non-transferable and
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names, words, titles, phrases, logos, designs, graphics,
icons and trade-marks displayed on the Web Site may
constitute registered or unregistered trade-marks of the
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the display of third-party trade-marks on the Web Site
should not be taken to imply any relationship or license
between the blasttype2diabetes.com and the owner of the trade-mark or
to imply that the blasttype2diabetes.com endorses the wares, services
or business of the owner of the said trade-mark.Linking
The Web Site may contain links to third-party Web sites.
These links are provided solely as a convenience to you and
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responsible for the content of any third-party Web site, nor
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timeliness or suitability of any content on such third-party
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regarding the merchantability and/or fitness for a
particular purpose of any third-party Web sites or material,
content, software, goods, or services located at or made
available through such third-party Web sites, or (iii) any
representation, warranty or covenant that the operation of
such third-party Web sites will be uninterrupted or error
free, that defects or errors in such third-party Web sites
will be corrected, or that such third-party Web sites will
be free from viruses or other harmful components. While
blasttype2diabetes.com encourages links to the Web Site, it does not
wish to be linked to or from any third-party Web site which
contains, posts or transmits any unlawful or indecent
information of any kind, including, without limitation (i)
any content constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability
or otherwise violate any local, state, provincial, national,
international law or regulation which may be damaging or
detrimental to the activities, operations, credibility or
integrity of blasttype2diabetes.com , or (ii) any Web site which
contains, posts or transmits any material or information of
any kind which violates or infringes upon the rights of
others, including material which is an invasion of privacy
or publicity rights, or which is protected by copyright,
trade-mark or other proprietary rights. blasttype2diabetes.com
reserves the right to prohibit or refuse to accept any link
to the Web Site, including, without limitation, any link
which contains or makes available any content or information
of the foregoing nature, at any time. You agree to remove
any link you may have to the Web Site upon the request of
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Modification to the Web Siteblasttype2diabetes.com reserves the
right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Web Site (or
any part thereof) with or without written notice. You agree
that the blasttype2diabetes.com shall not be liable to you or any
third party for any modifications, suspension or
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thereof.Downtime
You acknowledge that the Web Site and any part thereof
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Unauthorized attempts to defeat or circumvent security
features, to use blasttype2diabetes.com system for other than intended
purposes, to deny service to authorized users, to access,
obtain, alter, damage, or destroy information, or otherwise
to interfere with the system or its operation are not
permitted. Evidence of such acts may also be disclosed to
law enforcement authorities and result in criminal
prosecution under the laws of Canada, United States or such
other jurisdictions as may apply. Waiver
Any consent by blasttype2diabetes.com to, or waiver of, a breach of
this Agreement which you have committed, whether express or
implied, shall not constitute a consent to, or waiver of,
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