Effective Date: January 1, 2018
ACCEPTANCE OF TERMS
PROPRIETARY RIGHTS IN WEBSITE
You are hereby granted a limited, non-exclusive, non-transferable, revocable license to access, download and/or make copies of the Proprietary Material, but only for your informational purposes in learning about obesity and obesity prevention and volunteering with ASMBS Foundation, and provided that if you download or print a copy of any Proprietary Material, you retain all copyright and other proprietary notices thereon. All other rights are reserved to us and our affiliates.
Except as provided above or in Additional Terms, you may not reproduce, distribute, modify, adapt, create derivative works from, display, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of ASMBS Foundation. Commercial use of any of the Proprietary Material is strictly prohibited.
All trademarks, service marks, trade names and trade dress that appear on the Site (collectively, the “Marks”), whether registered or unregistered, are proprietary to ASMBS Foundation or their respective owners. You may not display or reproduce the Marks without the prior written consent of ASMBS Foundation, and you may not remove or otherwise modify any trademark notices from any Proprietary Material received through the Site.
USER CONTENT – OWNERSHIP AND USE
By submitting, uploading or transmitting any e-mail, blog posts, ideas, feedback, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose. You hereby grant the ASMBS Foundation an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, display, transmit, broadcast or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed. You waive all rights to any claim against the ASMBS Foundation for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.
RESTRICTIONS ON USE
The Site is provided solely as a convenience to you. You agree that you will not:
- access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way;
- submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar User Content that exceeds ASMBS Foundation’s capacity limits;
- submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;
- forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Site;
- use the Site or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
- publish, post, display or disseminate any User Content that is, or offer, sell, broker, purchase or seek any products or services that are, profane, obscene, pornographic, indecent, unlawful, threatening, or that promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable;
- use the Site to advertise or offer to sell or buy any goods or services for any business purpose;
- collect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless authorized by such users to do so;
- upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment; or
- restrict or prevent any other user of the Site from using the Site and/or the Services.
- violate any applicable state, national or international law or regulation
MATERIAL POSTED BY THIRD PARTIES
ASMBS Foundation does not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Site by parties other than ASMBS Foundation. You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party material is at your own risk. ASMBS Foundation will have no responsibility for the conduct, on-line or off-line, of any user of this Site and no obligation to monitor use of the Site. However, we reserve the right to review any User Content, and remove, delete, redact or otherwise modify such User Content in our sole discretion, at any time, without notice or other obligation to you. ASMBS Foundation reserves the right to disclose, at any time, any User Content that ASMBS deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute resolution process or government request.
We expect users of this Site to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work or works claimed to have been infringed
- A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
- Your name, mailing address, telephone number and e-mail address
- A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law
- A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify ASMBS of claimed copyright infringement, please contact:
Director of Communications
American Society for Metabolic and Bariatric Surgery Foundation
100 SW 75th St., Suite 201
Gainesville, FL 32607
LINKS; LINKS TO THIRD PARTY WEBSITES
Once you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. ASMBS Foundation will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately at firstname.lastname@example.org, of any such unauthorized use or any other breach of security.
TERMINATION OF ACCESS AND USE
ACCESS OUTSIDE OF THE UNITED STATES
Your personal information will be hosted and processed by ASMBS Foundation (or service providers acting on behalf of ASMBS Foundation) in the United States, where data protection and privacy regulations may not afford the same level of protection as the laws of certain other countries, such as the member nations of the European Union. ASMBS Foundation makes no claims that our Site or any of its contents are appropriate or may be downloaded or accessed outside of the United States. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country.
INTERACTIONS WITH OTHERS
You are solely responsible for your interactions, both on-line and off-line, with other visitors to or Registered Users of this Site, and with persons you meet through such visitors or Registered Users. You understand and acknowledge that we do not screen Registered Users, inquire into their backgrounds or attempt to verify the information they provide. In all interactions, whether on-line or off-line, with other visitors to or Registered Users of this Site and with persons you meet through such visitors or Registered Users, you agree to take all precautions necessary to protect yourself, your property and your personal and financial information. IN NO EVENT SHALL ASMBS FOUNDATION BE LIABLE FOR AND YOU AGREE TO RELEASE THE ASMBS FOUNDATION FROM LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, EMOTIONAL DISTRESS, BODILY INJURY OR DEATH RESULTING FROM YOUR COMMUNICATIONS OR OTHER CONTACT, WHETHER ON-LINE OR OFF-LINE, WITH VISITORS OR REGISTERED USERS OF THIS SITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS OR REGISTERED USERS.
ASMBS Foundation may charge fees for certain Products and Services from time to time. To the extent applicable, You are responsible for any fees incurred in connection with your use of the Site and the Products and Services offered at the Site, and all applicable charges, expenses, tariffs and taxes.
MODIFICATIONS TO WEBSITE
ASMBS Foundation may, directly or indirectly, make improvements or changes in the Site or any portion thereof at any time without notice or obligation to you. ASMBS Foundation may modify or discontinue any Products or Services offered on the Site at any time, without notice or obligation to you.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE AT THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ASMBS FOUNDATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE AT THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. IN ADDITION, ASMBS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT
LIMITATION OF LIABILITY
NEITHER ASMBS FOUNDATION NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF THE ASMBS FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, ASMBS FOUNDATION’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE AT THE SITE SHALL BE LIMITED TO THE GREATER OF ONE DOLLAR ($1.00) OR FIFTY PERCENT (50%) OF THE AMOUNT PAID TO THE ASMBS FOUNDATION FOR THE APPLICABLE PRODUCT OR SERVICE IN CONNECTION WITH SUCH USE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
In the event of any controversy, dispute or claim arising out of or related to your use of the Site, the Products or Services, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, ASMBS Foundation will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, the Products, the Services, the Marks or the Proprietary Material.
In the event that you have a dispute with one or more visitors to or Registered Users of the Site, you hereby irrevocably release ASMBS Foundation and its directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”