TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Bariatric Skinny and Genesant Technologies, Inc. ("Genesant") have jointly created this Internet site on the World Wide Web. This site provides Internet-based communications and information services to the consumer. By using this site, you signify your agreement to these Terms and Conditions of use. You must agree to these Terms and Conditions in order to use this site. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, please do not use this site.
Bariatric Skinny and Genesant Technologies, Inc. may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted on this Web site because your continued usage of this Web site (the "Site") will mean you accept those changes.
Section 1. General Disclaimer; No Medical Advice.
The content on the Site is presented in summary form, is general in nature, and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through the Site is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site.
Bariatric Skinny and Genesant Technologies, Inc. do not recommend or endorse any specific test, products, or procedures that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the authors. Bariatric Skinny and Genesant Technologies, Inc. do not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by Bariatric Skinny, Genesant Technologies, Inc., Bariatric Skinny Fitness Experts, or other visitors to the Site is solely at your own risk. Bariatric Skinny and Genesant Technologies, Inc. assume 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.
Bariatric Skinny and Genesant reserve the right to refuse membership to the Site for any reason, including certain medical conditions. The process of becoming a member of the Site (a "Subscriber") requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access through the Site to the diet and fitness planning and related services ("Subscription Services").
In becoming a Subscriber, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt pain in your chest when engaged in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs (for example, water pills) for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, nor does your family have a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has approved of your use of the Subscription Services specifically and the Site in general.
In becoming a Member with the intent of using the Subscription Services to obtain personalized nutrition information, you further affirm that either (A) all of the following statements are true: (i) you are not allergic to nuts, eggs, dairy products or any other foods; (ii) you are not presently following a diet plan provided to you by a physician or other medical professional for health reasons; and (iii) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has approved of your use of the Subscription Services specifically and the Site in general.
If you are a woman, in becoming a Subscriber you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has approved of your use of the Subscription Services specifically and the Site in general.
You agree to defend, indemnify and hold Bariatric Skinny and Genesant, their officers, directors, employees, agents, licensors and suppliers 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 Content. Bariatric Skinny and Genesant shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
If offered a free trial period, Subscribers have until the end of such free trial period to cancel their memberships without incurring any fee. After this initial trial period, is any, a Subscriber may not cancel his or her membership during the initial minimum membership period. After this first membership period, a Subscriber will be billed each month for continuing service. Bariatric Skinny and Genesant shall have the right at any time to adjust the price charged each month for continuing service. If a Subscriber wishes to cancel, that Subscriber must use the cancellation page in the billing section of the Site. Cancellation becomes effective for the NEXT billing period. No prorated refund will be given upon cancellation of service.
Section 2. Position on Your Privacy.
Section 3. Use of Content; Copyright.
Upon acceptance of these Terms and Conditions, Bariatric Skinny and Genesant Technologies, Inc. authorize you to view or download a single copy of the material on this Web site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into these Terms and Conditions by reference.
The contents of the Site, such as text, graphics, images, software applications and other material including software licensed by Bariatric Skinny and Genesant Technologies, Inc. to permit Subscribers and Users to access the Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other Subscriber or User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Bariatric Skinny and Genesant Technologies, Inc.
For information obtained from the Site's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of Bariatric Skinny and Genesant Technologies, Inc. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Section 4. Company's Liability; Disclaimer of Consequential Damages.
The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Bariatric Skinny and Genesant Technologies, Inc. makes no representations about the results to be obtained from using the Site or the Content. The use of the Site and the Content is at your own risk.
You acknowledge that in connection with the Site, information will be transmitted over local exchange, inter-exchange 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 Bariatric Skinny and Genesant Technologies, Inc. and their suppliers. Accordingly, Bariatric Skinny and Genesant Technologies, Inc. assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the Content contained therein are provided on an "as is" basis without any warranties of any kind. Bariatric Skinny and Genesant Technologies, Inc., their licensors, and their suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Bariatric Skinny and Genesant Technologies, Inc., their licensors, and their suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links, or communication provided on or through the use of the Site. Bariatric Skinny and Genesant Technologies, Inc., their licensors, and their suppliers do not make any warranty that the Content contained on the Site satisfies government regulations requiring disclosure of information on prescription drug products.
In no event shall Bariatric Skinny and Genesant Technologies, Inc., their licensors, their suppliers or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site the Subscription Services or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Bariatric Skinny and Genesant Technologies, Inc. are advised of the possibility of such damages. Bariatric Skinny and Genesant Technologies, Inc. shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed $10,000. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
Except as described herein, any communication, which you post on the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant -- or warrant that the owner of such content has expressly granted -- Bariatric Skinny and Genesant Technologies, Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Section 6. Use of Interactive Areas.
Bariatric Skinny and Genesant Technologies, Inc. may provide Interactive Areas on the Site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. Bariatric Skinny and Genesant Technologies, Inc. do not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Bariatric Skinny and Genesant Technologies, Inc. reserve the right to record the dialogue in public chat rooms. Bariatric Skinny and Genesant Technologies, Inc. do not screen communications in advance and is not responsible for screening or monitoring material posted by Subscribers or Users or any other person or entity. If notified by a Subscriber or User of communication(s) which are alleged not to conform to the terms of this Section, Bariatric Skinny and Genesant Technologies, Inc. may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Bariatric Skinny and Genesant Technologies, Inc. reserve the right to remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions. In addition to the removal rights described above, Bariatric Skinny and Genesant Technologies, Inc. reserve the right to terminate a Subscriber's or User's access to any or all Interactive Areas upon Subscriber's or User's breach of these Terms and Conditions. Bariatric Skinny and Genesant Technologies, Inc. reserve the right (but are not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content.
Furthermore, Bariatric Skinny and Genesant Technologies, Inc. reserve the right (but are not obligated) to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Bariatric Skinny and Genesant Technologies, Inc. or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. Bariatric Skinny and Genesant Technologies, Inc. HAVE NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Bariatric Skinny and Genesant Technologies, Inc. do not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
Through your use of the Site's Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.
Section 7. Links to Other Sites.
The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Bariatric Skinny and Genesant Technologies, Inc. of the content on such third-party Web sites. Bariatric Skinny and Genesant Technologies, Inc. are not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Your use of third-party Web sites is subject to the Terms and Conditions of use for such sites.
Section 8. No Endorsement and Product Disclaimer.
The Site may contain advertisements by third parties, and these advertisements may contain links to other Web sites. Unless otherwise specifically stated, Bariatric Skinny and Genesant Technologies, Inc. do not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
Section 9. Indemnity.
The Site may contain product, service or other advertisements ("Advertisements"), or content identifying or promoting products or services other than the Subscription Services ("Products"). Such Advertisements may contain links to other Web sites and such Products may be indentified or promoted in the name or title of the Site. Unless otherwise specifically stated, Bariatric Skinny and Genesant Technologies, Inc. do not endorse any Product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any Advertisement on the Site. In no event shall Genesant Technologies, Inc., its licensors, suppliers or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from bodily harm, lost data or business interruption) resulting from the use of, or related to, any Products or Advertisements and whether or not Genesant Technologies, Inc. is advised of the possibility of such damages.
Section 10. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content (including Software).
Section 11. General.
Genesant Technologies, Inc. is based in Fairfax County, Virginia, in the United States of America. Bariatric Skinny and Genesant Technologies, Inc. make no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Section 12. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Bariatric Skinny and Genesant Technologies, Inc., or in any way relating to your subscription to or use of the Site, resides in the courts of the Commonwealth of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Virginia in connection with any such dispute including any claim involving Bariatric Skinny and Genesant Technologies, Inc. or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 13. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND Bariatric Skinny and Genesant Technologies, Inc. WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN. Thank you for your cooperation with these Terms and Conditions. We hope you find the Site helpful and convenient to use! Questions or comments regarding this Site should be posted using our feedback form.