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Effective: October 24, 2022

Welcome to Bariatric Society!

These terms and conditions (the “Terms of Service”) govern your (“you” or “your”) access to and use of the Bariatric Society website, subpages, or social channels (collectively, “Bariatric Society”, “Society,” “we”, “our” or “us”) as well as to any tools or downloadable applications that Bariatric Society makes available (the “Apps” and, together with the Sites, the “Platforms”), and all services provided by Bariatric Society via the Sites, including without limitation, our monthly subscription (“Subscription”), and products (“products”). 

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

If you do not agree to these Terms of Service and the Privacy Policy, you may not access or otherwise use the Platforms.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Platforms; provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. These Terms of Service apply to all Bariatric Society’s services and features unless otherwise indicated.

By using the Platforms or subscribing to our Services, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may be viewed at bariatricsociety.com/terms-of-service.

1. Introduction

Bariatric Society provides an online resource, subscription service for monthly access to book club meetings and/ or delivery of books, and weight loss surgery related products. Access to the Platforms, use of the Services, and purchase of the Products is subject to these Terms of Service and the Bariatric Society Privacy Policy available on the Website.

2. Platforms 

2.1 General Users. Bariatric Society does not collect any personal information from users visiting and browsing its website. Only aggregate data — such as the number of visits per page — are collected. Aggregate data are only used for internal and marketing purposes and do not provide any personally-identifying information.

2.2 Website Content. Users have a personal, non-transferable, non-exclusive right to access and use the Content of these Platforms subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Platforms, or Services, whether created by us or provided by another person for display on the Platforms, or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platforms or any Content displayed on the Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the Platforms.

2.3 Content Submitted by Users

2.3.1 Submitted Content. Certain Bariatric Society Platforms and Services enable users to upload additional information which can be made accessible to other users and/ or the general public. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Platforms. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Platforms.
2.3.2 Ownership of Content. Bariatric Society does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant Bariatric Society the right to copy, store and make that User Content available to other users in connection with your use of our Platforms and our Services, and to otherwise use such User Content online (including web, mobile and email) and in print, film and broadcast media. When you make available the User Content to users of our Platforms or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such User Content. This license shall remain in effect until we delete the User Content from our systems.

2.3.3 User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Platforms or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the submission and use of your User Content on or through the Platforms does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the User Content you provide will not contain libelous or otherwise unlawful, abusive or obscene materials; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Platforms; (v) Bariatric Society will be entitled to use any User Content, as permitted herein, without incurring obligations of confidentiality, attribution or compensation to you; and (vi) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

2.3.4 Required Disclosures. You acknowledge and agree that Bariatric Society may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Service; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Service; and/or (d) protect the rights, property, or personal safety of Bariatric Society, its representatives and/or agents, its users or the public.
2.3.5 Accuracy. You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on the Platforms or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

2.3.6 Liability. We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through the Platforms, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Bariatric Society. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to the Platforms is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Platforms.

2.3.7 Monitoring. We have the right, but not the obligation, to monitor Content submitted to our Platforms through an online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through these Platforms. Without limiting the foregoing, we have the right to remove any material that Bariatric Society, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to the Platforms.

2.3.8 Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Bariatric Society, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

2.3.9 Prohibited Content. By accessing the Platforms or any chat room, online discussion forum, or other service provided through our Platforms, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Platforms or any related chat room or online discussion forum to:

  • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Bariatric Society.
  • Use a name or language that Bariatric Society, in its sole discretion, deems offensive.
  • Post defamatory statements.
  • Post hateful or racially or ethnically objectionable Content.
  • Post Content which infringes another’s copyright, trademark or trade secret.
  • Post unsolicited advertising or unlawfully promote products or services.
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • Impersonate another person.
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • Exploit children under 18 years of age.
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  • Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
  • Obtain unauthorized access to any computer system through the Website.
  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • Solicit personal information from children under 13 years of age.
  • Violate any federal, state, local, or international law or regulation.
  • Encourage conduct that would constitute a criminal or civil offense.

 

2.4 Use of Cookies. Bariatric Society follows guidelines on cookies as outlined by the Information Commissioners Office (ICO). See our Privacy Policy for more info.

2.5 Events Calendar. Bariatric Society is delighted to connect people in the weight loss surgery community. As such, this calendar is for informational use only and Bariatric Society does not endorse and is not liable for events on this page; the only exception is for events specifically indicated as owned by the Bariatric Society. Hosts and attendees participate in any activities at their own risk. 

2.6 Registration. Some of our Services are reserved for registered users. In order to become a registered user (each, a “Client”), we will ask you to complete a registration form and provide a user name or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. Certain Services may also require additional information, such as credit card information and information about your bariatric journey. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Bariatric Society user or subscriber, all information that you provide to Bariatric Society is subject to Bariatric Society’s Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Platforms for the applicable Service.

3. Products 

The terms in this Section 3 apply if you purchase any Products from Bariatric Society.

3.1 Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.

3.2 Pricing and Availability. Prices do not include applicable taxes and other charges, unless we clearly state in writing that a price includes applicable taxes. All Products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Products without prior notice, even if you have already placed your order. Prices for Products are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event that a Product you are interested in purchasing is not listed or is listed as “out of stock” on the Product’s information page, it is not currently available for ordering. Please check back at a later time as our Product inventory is subject to change.

3.3 Taxes. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Products. We will collect applicable sales tax if we determine that we have a duty to collect sales tax. We will present any taxes that we are required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

3.4 Coupons, Discounts and Promotional Codes. All discounts, coupons and promo codes must be used at the time of purchase. Bariatric Society reserves the right to deny all coupon and promo code refund requests submitted by customers after the time that purchase is completed. Discounts, coupons and promotional codes do not apply to shipping and/or taxes, if applicable. We reserve the right to exclude any and all products from promotional discounts, coupons and promotional codes.

3.5 Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed unless explicitly stated as “guaranteed.” Unless we state otherwise, risk of loss or damage passes to you upon delivery of the Products to your specified delivery location.

3.6 Errors. We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all product descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order or delivering a product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

3.7 Returns or Exchanges. Unless explicitly stated, Bariatric Society does not accept returns or exchanges. 

3.8 International Customers. Products requiring shipping are only available in the United States. 

4. Subscriptions 

The terms in this Section 4, and the above Section 3 apply if you purchase any Subscription from Bariatric Society.

4.1 Platform Access. Bariatric Society maintains the Platforms as a service to the users who visit the Platforms subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Platforms and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Platforms, or the Services in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Platforms and/or Services, for some or all users, from time to time. The Platforms may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

4.2 Registration and Notifications. In order to start your ongoing monthly subscription, you must register as a member on the applicable Platform. To register, you can simply provide your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Bariatric Society, including your credit card information, is subject to Bariatric Society’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Platforms.

4.3. Billing and Payments. By subscribing you agree to pay the monthly subscription fee for the products or services that are supplied each month. 

4.3.1. Pricing Changes. We may make the Services available, including monthly Bariatric Society subscriptions, for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay Bariatric Society directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes.

4.3.2 Payment Methods. You agree that Bariatric Society may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes, including local sales tax or VAT, and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. You may be charged, and you agree to pay, local sales tax or VAT, if applicable.

4.3.3 Payment Processing. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Bariatric Society the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Bariatric Society will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service and privacy policies; the current version of which is attached as a link at https://stripe.com/legal/end-users. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

4.4 Subscription Renewals. You will automatically be charged on the 15th of each subsequent month after subscribing, for your ongoing subscription, regardless of your original subscription date. 

4.5 Subscription Cancellation. We work hard to make your subscription satisfying; however, you may cancel your ongoing membership through the account page on the Platform or by contacting our Customer Service team. You must update your account by the 15th day of the month prior to the end of your then-current subscription period. To cancel, you must login and cancel the subscription on the Platform applicable to such Service by the 15th day of the month before the subsequent charge, or contact our Customer Service team through the contact information on our website. All cancellation requests received after the 15th day of the calendar month following a subscription period will apply to the following subscription period. We may refuse to renew any subscription at our sole discretion.

4.6 Subscription Termination. We may terminate your membership, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.

4.7 International Subscribers. Products requiring shipment are only available in the United States. Therefore, only the digital access subscription is available to international customers. If you access and use the Platforms or Products outside the United States you are responsible for complying with your local laws and regulations.

5. Events

Bariatric Society hosted events may be subject to separate terms and conditions. Please check these at the time of booking.

5.1 Event Recording Notice. By attending any event, you agree to be photographed and/or filmed and give permission to use your likeness in promotional and/or marketing materials.

5.2 Refund Policy. Unless otherwise stated in separate events terms and conditions, event tickets, taxes, and fees are non-refundable and non-transferable. 

6. Marketing and Promotion

Please review the Privacy Policy for full privacy information. 

6.1 Email Notifications. As a registered user of Bariatric Society, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners monthly newsletter. You may opt-out from receiving correspondence from us special promotions or our newsletter by you may opt out of receiving them by clicking on the “unsubscribe” link in any promotional email.

6.2 Prize Draw and Competition Rules. All prize draws and competitions which are associated with Bariatric Society offers are subject to separate terms and conditions, as written at the time of the prize draw, competition or offer. Prize draws are not open to employees of Bariatric Society. These terms and conditions override any contrary terms or conditions published by Bariatric Society in relation to any membership subscription between members and Bariatric Society.

7. Minors

Bariatric Society services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

8. Intellectual Property Rights

Unless otherwise noted, all Content contained on the Platforms is the property of Bariatric Society and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

Unless otherwise noted, all information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“Bariatric Society Content”) is the property of Bariatric Society or its licensors (who may be other users of our Services). Bariatric Society Content is protected by copyright, trademark, patent, trade secret and other rights of Bariatric Society and its licensors, and, as between you and Bariatric Society, Bariatric Society retains all rights in the Bariatric Society Content, the Services and the Platforms, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Services, the Platforms and Bariatric Society Content solely for your use of the Services, subject to these Terms of Service.

8.1 Proprietary Markings; No Other Licenses. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Bariatric Society Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Bariatric Society Content. Nothing contained on our Platforms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services, Platforms or Bariatric Society Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Platforms. The service marks and trademarks of Bariatric Society, including without limitation “Bariatric Society,” “Bariatric Book Club,” “Bariatric Retreat,” “Bariatric Society Chapters,” and the logos, service marks and trademarks used and owned by Bariatric Society LLC. Any other trademarks, service marks, logos and/or trade names appearing via the Platforms are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

8.2. Copyright Infringement; Notice and Take Down Procedures. We respect the intellectual property rights of others, and require that all who use our Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Bariatric Society’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Copyright Agent:
General Counsel
Bariatric Society
Address
Address
E-mail: 

9. Security

When you register to participate in Bariatric Society services on the Platforms, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

10. Disclaimer of Warranty

Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN BARIATRIC SOCIETY’S DISCRETION.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY BARIATRIC SOCIETY, AND THAT ANY RESUME OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR PLATFORMS IS AT YOUR SOLE RISK AND DISCRETION. BARIATRIC SOCIETY AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE PLATFORMS, SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, WE PROVIDE NO WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BARIATRIC SOCIETY DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THESE PLATFORMS IS TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE PLATFORMS WILL MEET YOUR EXPECTATIONS; (iv) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THESE PLATFORMS OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

IN NO EVENT SHALL BARIATRIC SOCIETY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, SUBSTITUTE GOODS OR SERVICES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE BARIATRIC SOCIETY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE PLATFORMS, THE SERVICES, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO BARIATRIC SOCIETY IN THE THEN-PRIOR CALENDAR MONTH.

12. Indemnification

By using the Platforms, our Services, or Products, you agree to indemnify, hold harmless and defend Bariatric Society and its affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of the Platforms, Services, or Products by you or any other person accessing the Platforms using your member login account.

13. Severability

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Bariatric Society. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Bariatric Society.

14. Links to Third-Party Websites

This Website may contain links to third party websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Bariatric Society, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party websites.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Bariatric Society of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Bariatric Society does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through these Platforms and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

15. Entire Agreement

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.


For Additional Information
If you have any questions about these Terms of Service, please contact [email protected].