TERMS AND CONDITIONS OF USE. PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this
site (www.obeseinfo.com), you signify your assent to these Terms and Conditions.
If you do not agree to all of these Terms and Conditions of use, do not use this
site! www.obeseinfo.com
may revise and update these Terms and Conditions at any time. Your continued usage
of the www.obeseinfo.com website ("www.obeseinfo.com Site," or the "Site,") will mean you accept those changes.
The information you that you provide to us on this website
may be shared with a Third Party healthcare provider in your area. By submitting
information on the Confidential Patient Information section of this website you
agree to allow us to share your information with a Third Party provider.
THE SITE DOES
NOT PROVIDE MEDICAL ADVICE.
The contents of the www.obeseinfo.com Site, such as text, graphics, images, information obtained from www.obeseinfo.com licensors, and other material contained on the www.obeseinfo.c
Site ("Content") are for informational purposes only. The Content is not intended
to be a substitute for professional medical advice, diagnosis, or treatment. Always
seek the advice of your physician or other qualified health provider with any questions
you may have regarding a medical condition. Never disregard professional medical
advice or delay in seeking it because of something you have read on the www.obeseinfo.com
Site! If you think you may have a medical emergency, call your doctor or 911
immediately. www.obeseinfo.com< 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 provided by www.obeseinfo.com, www.obeseinfo.com employees, others appearing on the Site at the invitation of www.obeseinfo.com, or other visitors to the Site is solely at your own risk. The Site may contain
health- or medical-related materials that are sexually explicit. If you find these
materials offensive, you may not want to use our Site.
CHILDREN'S
PRIVACY: We are committed to protecting the privacy of children. You should be aware
that this Site is not intended or designed to attract children under the age of
13. We do not collect personally identifiable information from any person we actually
know is a child under the age of 13.
USE OF CONTENT:
www.obeseinfo.com
authorizes you to view or download a single copy of the material on the www.obeseinfo.com
Site solely for your personal, noncommercial use if you include the following
copyright notice: "Copyright (c) 2003-2011, Axcension, Inc.
. All rights reserved" and other copyright and proprietary rights notices that are
contained in the Content. Any special rules for the use of certain software and
other items accessible on the www.obeseinfo.com
Site may be included elsewhere within the Site and are incorporated into these
Terms and Conditions by reference. The Content is protected by copyright under both
United States and foreign laws. Title to the Content remains with www.obeseinfo.com
or its licensors. Any use of the Content not expressly permitted by these
Terms and Conditions is a breach of these Terms and Conditions and may violate copyright,
trademark, and other laws. Content and features are subject to change or termination
without notice in the editorial discretion of www.obeseinfo.com
. All rights not expressly granted herein are reserved to www.obeseinfo.com
and its licensors. 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.
LIABILITY OF
www.obeseinfo.com
AND ITS LICENSORS.
The use of the www.obeseinfo.com
Site and the Content is at your own risk. When using the www.obeseinfo.com
Site, information will be transmitted over a medium that may be beyond the
control and jurisdiction of www.obeseinfo.com
and its suppliers. Accordingly, www.obeseinfo.com
assumes 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 www.obeseinfo.com
Site. The www.obeseinfo.com
Site and the content are provided on an "as is" basis.
www.obeseinfo.com
, ITS LICENSORS, AND ITS 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 PARTICULAR PURPOSE.
Without limiting the foregoing, www.obeseinfo.com
, its licensors, and its suppliers make no representations or warranties about the
following:
1. The accuracy, reliability, completeness,
correctness, or timeliness of the Content, software, text, graphics, links, or communications
provided on or through the use of the www.obeseinfo.com
Site or www.obeseinfo.com
.
2.The satisfaction of any government
regulations requiring disclosure of information on prescription drug products or
the approval or compliance of any software tools with regard to the Content contained
on the www.obeseinfo.com
Site.
In no event
shall www.obeseinfo.com
, its licensors, its suppliers, or any third parties mentioned on the www.obeseinfo.com
Site be liable for any damages (including, without limitation, incidental
and consequential damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption) resulting from the use of or
inability to use the www.obeseinfo.com
Site or the Content, whether based on warranty, contract, tort, or any other
legal theory, and whether or not www.obeseinfo.com
is advised of the possibility of such damages.
www.obeseinfo.com
shall be liable only to the extent of actual damages incurred by you, not
to exceed U.S. $1000. www.obeseinfo.com
is not liable for any personal injury, including death, caused by your use
or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising
in connection with your use of the Site, any Content, or the Public Areas must be
brought within one (1) year of the date of the event giving rise to such action
occurred. Remedies under these Terms and Conditions are exclusive and are limited
to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS. You agree that you will not upload or
transmit any communications or content of any type to the Public Areas
(including message boards, Ask Our Expert postings, etc.) that infringe
or violate any rights of any party. By submitting communications or content to the
Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you
will not send or transmit to www.obeseinfo.com
by email, (including through the email addresses listed on the "Contact Us"
link) any communication or content that infringes or violates any rights of any
party. If you submit any business information, idea, concept or invention to www.obeseinfo.com
by email, you agree such submission is non-confidential for all purposes.
If you make
any submission to a Public Area or if you submit any business information, idea,
concept or invention to www.obeseinfo.com
by email,
you automatically grant--or warrant that the owner of such content
or intellectual property has expressly granted--www.obeseinfo.com
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 or content in any media or medium,
or any form, format, or forum now known or hereafter developed. www.obeseinfo.com
may sublicense its rights through multiple tiers of sublicenses.
If you wish to keep any business information, ideas, concepts or inventions private
or proprietary, do not submit them to the Public Areas or to www.obeseinfo.com
by email. We try to answer every email in a timely manner, but are not always
able to do so.
PASSWORDS: www.obeseinfo.com
has several tools that allow you to record and store information. For example,
SafetySend is a service that allows you to record limited amounts of personal health
information on a voluntary basis on servers maintained by www.obeseinfo.com
or on its behalf. SafetySend is structured to allow access only to visitors
with a valid password. You are responsible for taking all reasonable steps to ensure
that no unauthorized person shall have access to your www.obeseinfo.com
passwords or accounts. It is your sole responsibility to (1) control the dissemination
and use of activation codes and passwords; (2) authorize, monitor, and control access
to and use of your www.obeseinfo.com
account and password; (3) promptly inform www.obeseinfo.com
of any need to deactivate a password. You grant www.obeseinfo.com
and all other persons or entities involved in the operation of the Site the
right to transmit, monitor, retrieve, store, and use your information in connection
with the operation of the Site. www.obeseinfo.com
cannot and does not assume any responsibility or liability for any information
you submit, including to SafetySend, or your or third parties' use or misuse of
information transmitted or received using www.obeseinfo.com
tools and services, including SafetySend.
www.obeseinfo.com
LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS"). If you use a Public Area, such as a chat room, bulletin
board or community Ask Our Expert posting or other
member communities, you are solely responsible for your own communications,
the consequences of posting those communications, and your reliance on any communications
found in the Public Areas. www.obeseinfo.com
is not responsible for the consequences of any communications in the Public
Areas. In cases where you feel threatened or believe someone else is in danger,
you should contact your local law enforcement agency immediately. If you think you
may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed
to use the Public Areas, you agree that the following actions shall constitute a
material breach of these Terms and Conditions:
-
Using a Public Area for any purpose in violation of local, state, national, or international
laws;
-
Posting material that infringes on the intellectual property rights of others or
on the privacy or publicity rights of others;
-
Posting material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful, or embarrassing to any other person or entity as determined
by www.obeseinfo.com
in its sole discretion;
-
Posting advertisements or solicitations of business;
-
After receiving a warning, continuing to disrupt the normal flow of dialogue, or
posting comments that are not related to the topic being discussed (unless it is
clear the discussion is free-form);
-
Posting chain letters or pyramid schemes;
-
Impersonating another person;
-
Distributing viruses or other harmful computer code;
-
Harvesting or otherwise collecting information about others, including email addresses,
without their identification for posting or viewing comments; consent;
-
Allowing any other person or entity to use your identification for posting or viewing
comments
-
Posting the same note more than once or "spamming"; or
12.
Engaging in any other conduct that restricts or inhibits
any other person from using or enjoying the Public Area or the Site, or which, in
the judgment of www.obeseinfo.com
, exposes www.obeseinfo.com
or any of its customers or suppliers to any liability or detriment of any
type.
www.obeseinfo.com
reserves the right (but is not obligated) to do any or all of the following:
-
Record the dialogue in public chat rooms.
-
Investigate an allegation that a communication(s) do(es) not conform to the terms
of this section and determine in its sole discretion to remove or request the removal
of the communication(s).
-
Remove communications which are abusive, illegal, or disruptive, or that otherwise
fail to conform with these Terms and Conditions.
-
Terminate a user's access to any or all Public Areas and/or the www.obeseinfo.com
Site upon any breach of these Terms and Conditions.
-
Monitor, edit, or disclose any communication in the Public Areas.
6.
Edit or delete any communication(s)
posted on the www.obeseinfo.com
Site, regardless of whether such communication(s) violate these standards.
www.obeseinfo.com
reserves the right to take any action it deems necessary to protect the personal
safety of our guests or the public. www.obeseinfo.com
has no liability or responsibility to users of the www.obeseinfo.com
Site or any other person or entity for performance or nonperformance of the
aforementioned activities.
ADVERTISEMENTS,
SEARCHES AND LINKS TO OTHER SITES.
www.obeseinfo.com
may provide links to third-party web sites. www.obeseinfo.com
also may select certain sites as priority responses to search terms you enter
and www.obeseinfo.com
may agree to allow advertisers to respond to certain search terms with advertisements
or sponsored content. www.obeseinfo.com
does not recommend and does not endorse the content on any third-party websites.
www.obeseinfo.com
is not responsible for the content of linked third-party sites, sites framed
within the www.obeseinfo.com
Site, third-party sites provided as search results, or third-party advertisements,
and does not make any representations regarding their content or accuracy. Your
use of third-party websites is at your own risk and subject to the terms and conditions
of use for such sites. www.obeseinfo.com
does not endorse any product advertised on the www.obeseinfo.com
Site.
INDEMNITY. You agree to defend, indemnify, and hold
www.obeseinfo.com
, its 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 violation of these Terms and Conditions.
GENERAL. www.obeseinfo.com
is based in Houston, Texas in the United States of America. www.obeseinfo.com
makes no claims that the Content is appropriate or may be downloaded outside
of the United States. Access to the Content may not be legal by certain persons
or in certain countries. If you access the www.obeseinfo.com
Site from outside the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. The following provisions survive
the expiration or termination of these Terms and Conditions for any reason whatsoever:
Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION. You expressly agree that exclusive jurisdiction
for any dispute with www.obeseinfo.com
, or in any way relating to your use of the www.obeseinfo.com
Site, resides in the courts of the State of Texas and you further agree and
expressly consent to the exercise of personal jurisdiction in the courts of the
State of Texas in connection with any such dispute including any claim involving
www.obeseinfo.com
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers. These Terms and Conditions are
governed by the internal substantive laws of the State of Texas, 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.
