Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.

By using or accessing the Badlow website (the "Site"), you agree to be bound by the following Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use this Site. These Terms constitute a legal agreement between you and Badlow S Corporation (referred to as "Badlow," "we," "us," or "our"), which owns and operates this Site.

Badlow may revise or update these Terms at any time. Your continued use of the Site after any changes means you accept those updates, so please check this page periodically for any modifications. Badlow provides a web-based platform offering nutritional visualizations and tracking tools to support individuals managing diabetes (the "Services"). Badlow currently offers these Services to users free of charge, and does not presently sell any products or paid services through the Site. However, the content and tools on Badlow are for informational purposes only and are not intended as medical advice. The details below outline important disclaimers and the rules for using our Site and Services.

Table of Contents

1. No Medical Advice
2. Children's Privacy
3. User Accounts and Security
4. Use of Content (Intellectual Property)
5. User Contributions and Submissions
6. Advertisements and Third-Party Links
7. Disclaimer of Warranties
8. Limitation of Liability
9. Indemnification
10. Termination
11. Governing Law and Jurisdiction
12. Copyright Infringement (DMCA) Notice
13. Entire Agreement

No Medical Advice

The content provided on the Site, including text, graphics, images, charts, nutritional visualizations, user tracking tools, and any other material ("Content"), is for informational purposes only. Badlow is not a medical or healthcare provider, and the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Always seek the guidance of a qualified physician or other licensed health provider with any questions you have regarding a medical condition or treatment. Do not disregard professional medical advice or delay seeking it because of something you have read on this Site! If you think you may have a medical emergency or a serious health issue, call your doctor or emergency services (e.g., 911) immediately.

Badlow does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information or tools provided by Badlow or appearing on the Site is solely at your own risk.

Children's Privacy

Badlow is committed to protecting the privacy of children. This Site is not intended or designed for children under the age of 13. We do not knowingly collect personal information from any person under 13 years of age. If we become aware that we have inadvertently received personal information from a child under 13, we will delete such information from our records.

Parents or legal guardians should supervise the use of our Site by minors. If you are under 18, you should use this Site only with the involvement of a parent or guardian.

User Accounts and Security

To access certain features of the Services (such as personalized tracking tools), you may need to create a user account.

Registration:

When creating an account, you must provide a valid email address (which will serve as your login identifier) and choose a secure password. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials.

Security:

You must take all reasonable steps to prevent unauthorized access to your Badlow account. It is your sole responsibility to:

• Keep your login credentials (email and password) confidential and not share them with anyone.
• Monitor and control access to your account and restrict others from using your account.
• Notify us immediately at support@badlow.com if you suspect any unauthorized use of your account or any other security breach.

Badlow cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Use of Content (Intellectual Property)

Unless otherwise indicated, all Content on the Site is owned by or licensed to Badlow and is protected by United States and international copyright, trademark, and other intellectual property laws.

Permitted Use:

Badlow grants you a personal, revocable, non-exclusive, non-transferable license to access and use the Site and its Content for your own personal, non-commercial purposes. You may download or print a reasonable amount of Content from the Site for your personal use only, provided that you do not remove any proprietary notices or copyright markings. For example, if a visualization or article includes a copyright notice (e.g., "© Badlow S Corporation. All rights reserved."), you must include that notice on any permitted copy.

Prohibited Use:

Any use of the Site or Content not expressly authorized by these Terms is prohibited and may violate copyright, trademark, and other laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any part of the Content for commercial purposes without Badlow's prior written permission. You also may not use any automated means (such as scripts, bots, or scrapers) to access, acquire, or monitor any portion of the Site or Content without authorization.

Badlow and its licensors retain all rights, title, and interest in and to the Site and Content, including all associated intellectual property rights. All rights not expressly granted to you in these Terms are reserved by Badlow and its licensors. If you violate any provision of these Terms, your permission to use the Site and Content automatically terminates and you must immediately destroy any copies of Content you have made.

User Contributions and Submissions

Badlow may offer features that allow you to submit, post, or upload content to the Site (for example, comments, feedback, or other contributions). Any information, text, images, or other materials you choose to submit through such features or via email to Badlow (collectively, "User Content") must comply with these Terms.

By submitting or posting User Content on the Site or by sending it to us via email or other means, you agree that:

Lawful and Appropriate Use:

You will not upload or transmit any content that infringes or violates the intellectual property rights, privacy rights, or any other rights of any person or entity. Your User Content must not be defamatory, obscene, pornographic, violent, threatening, harassing, illegal, or otherwise objectionable. You will not upload any content that contains viruses, malware, or any code intended to disrupt or interfere with the operation of the Site.

Your Rights to Content:

You own or have obtained all necessary rights and permissions to the User Content you submit. If your User Content depicts or includes any other individual (for example, in a photograph or video), you must have that person's permission to share it.

License to Badlow:

You grant Badlow a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license (with the right to sublicense through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content (in whole or in part) in any media formats and channels now known or later developed. Badlow may use your User Content for any purpose related to operating, promoting, or improving the Services. You understand that this license means your User Content may be made publicly available and can be viewed and shared by others. If you do not want to grant the above rights to Badlow, do not submit User Content.

No Confidentiality:

Except for personal information protected by our Privacy Policy (for example, your email address or any account information), any content you submit will be treated as non-confidential and non-proprietary. Do not submit ideas, inventions, or business proposals that you consider confidential or proprietary—if you do, you acknowledge that Badlow is under no obligation to keep them confidential.

Removal of Content:

Badlow reserves the right (but has no obligation) to review, screen, or delete any User Content at our sole discretion, at any time and for any reason, without notice. You are solely responsible for maintaining backup copies of any content you post to the Site; Badlow is not responsible for loss of or failure to store any User Content.

Your personal information and any data you input into the Site (such as tracked nutritional information) are handled in accordance with our Privacy Policy. Badlow does not collect personal medical data beyond the information you voluntarily provide (for example, an email address for account registration and any data you input for tracking purposes). In the event of any inconsistency between these Terms and our Privacy Policy, these Terms will control.

Advertisements and Third-Party Links

Badlow may display advertisements, promotions, or sponsored content on the Site, including through participation in third-party advertising programs.

Advertising & Affiliate Disclosure:

Badlow is a participant in the Google AdSense program and the Amazon Services LLC Associates Program. This means:

• We allow third-party advertisements (such as banner ads or sponsored links) to be displayed on our Site via Google AdSense. These ads are provided by third parties and may use cookies or similar technologies to serve ads based on your visits to our Site and other sites on the Internet.
• We include affiliate links to products on Amazon.com and possibly other retailers. As an Amazon Associate, Badlow earns from qualifying purchases. If you click on an affiliate link and make a purchase, Badlow may receive a small commission or referral fee at no additional cost to you. We strive to only include affiliate links to products or services that are relevant to our users; however, the presence of an affiliate link does not constitute an endorsement by Badlow of the product, service, or company.

Third-Party Content and Links:

The Site may provide links to or integrate with third-party websites, resources, or services that are not owned or controlled by Badlow. These are provided for your convenience only. Badlow does not endorse and is not responsible or liable for the content, products, services, or practices of any third-party websites or services. If you access a third-party website or engage with third-party content, you do so at your own risk. Different terms of use and privacy policies may apply to your use of third-party sites or services, and you are responsible for reviewing those.

By using our Site, you acknowledge and agree that any interactions, transactions, or disputes between you and any third-party (including advertisers or merchants linked from the Site) are solely between you and that third party. Badlow will not be responsible for any loss or damage of any sort incurred as a result of your dealings with third parties or third-party content.

Disclaimer of Warranties

Use at Your Own Risk:

Your use of the Site, Services, and Content is at your sole risk. The Site and all Content are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Badlow disclaims all warranties of any kind, whether express or implied, regarding the Site, Services, and Content. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or course of performance.

Badlow makes no warranty that the Site or Services will meet your requirements, or that access to the Site will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site. You assume full responsibility and risk for your use of the Site and any Content. Any material downloaded or otherwise obtained through the Site is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download or use of such material.

No advice or information, whether oral or written, obtained by you from Badlow or through the Site shall create any warranty not expressly stated in these Terms.

Limitation of Liability

No Consequential Damages:

To the maximum extent permitted by applicable law, in no event shall Badlow or its affiliates, licensors, suppliers, or advertising partners—and each of their respective directors, officers, employees, or agents—be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages whatsoever. This includes, without limitation, damages for personal injury, pain and suffering, emotional distress, wrongful death, lost profits, loss of data, business interruption, or any other commercial or personal damages or losses arising out of or in connection with your use of (or inability to use) the Site, Services, or Content, even if Badlow has been advised of the possibility of such damages.

Liability Cap:

In no event shall the total aggregate liability of Badlow (and its affiliates, officers, employees, and agents) for any claims arising out of or relating to these Terms, the Site, or the Content exceed the amount of US $1,000.00 or the total amount (if any) you have paid to Badlow for use of the Services in the twelve (12) months prior to the claim, whichever is greater. The existence of multiple claims will not enlarge this limit.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, Badlow's liability will be limited to the fullest extent permitted by law.

Badlow also assumes no liability for any failure of performance of the Site or Services, whether caused by acts of God, equipment failure, internet outages, maintenance, or any other cause, or for any damages caused by viruses, malware, or other technologically harmful material that may infect your computer equipment or other property due to your access to or use of the Site.

Your Responsibility:

You are solely responsible for your interactions and communications with other users of the Site or Services. You understand that Badlow is not responsible for the conduct of any user. Your use of the Site is at your own discretion and risk, and you agree that your sole remedy for dissatisfaction with the Site, Services, or Content is to stop using them.

Indemnification

You agree to indemnify, defend, and hold harmless Badlow, its parent company, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, partners, and licensors (the "Badlow Parties") from and against any and all claims, demands, lawsuits, proceedings, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys' fees and accounting costs) that arise out of or relate to: (a) your use or misuse of the Site, Services, or Content; (b) your violation of these Terms; (c) your violation of any law or regulation or any right of a third party; or (d) any User Content you submit or transmit through the Site.

Badlow reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with Badlow's defense of such claim. You agree not to settle any such matter without the prior written consent of Badlow. This indemnification obligation will survive any termination of these Terms or of your account.

Termination

These Terms are effective unless and until terminated by either party (you or Badlow). You may terminate these Terms at any time by discontinuing use of the Site and, if applicable, by deleting your user account.

Badlow reserves the right to terminate or suspend your account or your access to any part of the Site or Services at any time, with or without notice, for any reason or no reason, including if, in our sole judgment, you violate any provision of these Terms or engage in any activity that violates applicable law or that may harm the rights or interests of Badlow or third parties. Badlow shall have no liability to you or any third party for any termination of your access to the Site or deletion of your account.

Upon termination of these Terms for any reason: (i) all rights and licenses granted to you in these Terms will immediately cease; (ii) you must cease all use of the Site and Content and destroy any copies of Content in your possession or control; and (iii) Sections Use of Content (Intellectual Property), User Contributions and Submissions, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Copyright Infringement (DMCA) Notice, and Entire Agreement (and any other provisions that by their nature should survive termination) shall survive and continue to apply in accordance with their terms.

Governing Law and Jurisdiction

These Terms and any dispute arising from your use of the Site or Services shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. (For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or your use of the Site.)

You and Badlow agree that all claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or your use of the Site or Services shall be exclusively brought in the state or federal courts located within the State of California. You consent to the personal jurisdiction of such courts and waive any objections to venue in those courts. Notwithstanding the foregoing, Badlow may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

California Consumer Notice:

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: If you have a question or complaint regarding the Site or Services, please contact us at support@badlow.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms by Badlow shall be deemed a further or continuing waiver of that provision or any other provision, and any failure by Badlow to assert a right under these Terms shall not constitute a waiver of such right.

Copyright Infringement (DMCA) Notice

Badlow respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Badlow will respond promptly to notices of alleged copyright infringement that comply with the law.

If you believe that any content on the Site infringes your copyright, you (or your authorized agent) may send us a notice requesting that the material be removed or access to it be disabled. The notice must include:

• Identification of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the works.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site (for example, a URL or specific page where the material is found).
• Your contact information – including your full name, mailing address, telephone number, and email address (if available).
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
• Your physical or electronic signature. (An electronic signature can be your typed name.)

Please send your DMCA notice to Badlow's designated Copyright Agent at:

Upon Badlow's receipt of a notice that complies with the DMCA, we will investigate and, if appropriate, remove or disable access to the allegedly infringing material. It is Badlow's policy, in appropriate circumstances, to terminate the accounts of repeat infringers.

Entire Agreement

Except as supplemented by additional legal notices or terms posted for specific areas of the Site or particular Services (which are incorporated herein by reference), these Terms (along with our Privacy Policy) represent the entire agreement between you and Badlow regarding your use of the Site and Services. They supersede all prior or contemporaneous communications, agreements, and proposals, whether oral or written, between you and Badlow with respect to the Site.

These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representations on behalf of Badlow.

Last Updated: June 14, 2025