Standard Terms & Conditions

Last updated: January 1, 2015

End User License Agreement

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE ObesityCoverage.com SERVICE, INCLUDING THE ObesityCoverage.com NETWORK OF SITES (THE “SERVICE”) PROVIDED TO YOU BY ObesityCoverage.com (REFERRED TO HEREIN AS “ObesityCoverage.com“). BY USING THE SERVICE, YOU AGREE TO THIS END USER LICENSE AGREEMENT, WHICH INCLUDES THE ObesityCoverage.com PRIVACY POLICY AND OTHER POLICIES AND GUIDELINES OF THE SERVICE, INCLUDING RULES AND THE POLICIES AND GUIDELINES OF OUR THIRD PARTY PARTNERS (“SPONSORS”) (COLLECTIVELY, THE “AGREEMENT”). ALL SUCH RULES, POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

The Company provides editorial information which are strictly the opinions of The Company’s writers or other Author’s with content on the web site. The information contained on this web site. should never be considered medical advice, factual, or be used to make any kind of medical decision. The Company makes no guarantee that the information provided is factual or accurate. The web site. is only offered to United States residents who are 18 years of age and over. If you do not agree to these terms of this Agreement please do not use the Service. We reserve the right, at our discretion, to change or modify the terms and conditions of this Agreement at any time. Please check these terms periodically for changes and or updates. Your continued use of any part of the Service following the posting of changes to these terms and conditions indicates your acceptance of those changes.

1. License Grant

Subject to the terms and conditions of this Agreement, ObesityCoverage.com grants to you a non-exclusive, non-transferable, revocable, limited license, to use the Service solely for non-commercial and personal purposes. You understand that we, in our sole discretion, may modify the Service at any time or suspend or terminate any license hereunder.

2. Content and Infringement.

Content provided and written by The Company is the exclusive property of ObesityCoverage.com and/or the Author of the article (in the case of 3rd party Authors or 3rd party syndicated content). Images, graphics, text, design and the use of our trademarks and logos is strictly forbidden without explicit written consent from The Company. Use of The Company’s property without explicit written consent will be enforced by legal action. Penalties for use of any of our content carry a minimum of $100.00 USD per day penalty up to $1000.00 USD maximum.

Third Party Content And Links

You understand that all third party content, including, without limitation all Sponsor offers, data, links, articles, search results, graphic or video messages and all information, text, software, graphics or other materials made available or accessible through the Service (“Content”), whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. ObesityCoverage.com does not endorse or control such Content. You understand and agree that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

Liability

Under no circumstances will ObesityCoverage.com or its licensors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Service. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Service, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility. ObesityCoverage.com does not guarantee the information that it provides regarding your insurance coverage is correct. Different group plans offer different ranges of coverage. The information that ObesityCoverage.com provides regarding insurance is only information collected pertaining to past coverage and in no way guarantees coverage of any sort.

3. Ownership.

You acknowledge that the Service is the property of ObesityCoverage.com or its licensors, and is protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to “Intellectual Property Rights”. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including without limitation, moral or similar rights. All rights not expressly granted hereunder are expressly reserved to ObesityCoverage.com and ObesityCoverage.com‘s licensors. ObesityCoverage.com is a service mark of ObesityCoverage.com. In addition, all Content made available or accessed through the use of the Service is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights. Finally, any suggestions, ideas or innovations that you voluntarily and optionally disclose to us through any means may be used or not used, at ObesityCoverage.com‘s sole discretion, and ObesityCoverage.com will have no obligation to pay to you for any such suggestions, ideas and inventions.

4. Privacy.

You consent to the use and collection of your information in accordance with ObesityCoverage.com‘s privacy policy. This Privacy Policy is part of this Agreement and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights.

5. Registration Information and Email Newsletter.

If you elect to register to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the our registration form (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, ObesityCoverage.com may in its sole discretion have grounds to suspect that such is the case, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). In addition, when you register for the Service, you agree to receive an email newsletter that may contain ObesityCoverage.com or Sponsor offers. You may opt-out of receiving this email newsletter at any time by following the opt-out instructions.

6. Advertisements

ObesityCoverage.com provides well-researched and referenced (where appropriate) information to people considering or who have had weight loss surgery. ObesityCoverage.com makes money from third-party advertisements and/or affiliate links.

Some advertisements use cookies:

  • Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website.
  • Google’s use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
  • Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Ads Settings.

Ads and Site Content

Our editorial content is not influenced by our funding sources. Our website hosts Google sponsored ads and links. We do not control Google ads’ content. We reserve the right to block any ads that may mislead or misinform our users.

Types of Ads We Use

ObesityCoverage.com uses both banner and text ads. Banner ads are graphic ads that are shown in the right hand column of the site. Above the ad it clearly states, ‘Advertisement.’ Text ads are also displayed. These can be displayed in the right column or below an article. Above any text ad it clearly states ‘Advertisement.’

ObesityCoverage.com may use affiliate links. These are offers that we believe may benefit our readers. Where we use affiliate links, ObesityCoverage will note in parenthesis after the link (affiliate link).

The core of the Service is providing valuable information and offers to our readers. Many of these offers will be from Sponsors who wish to inform our user base of their promotional offers or surgical options. As noted above, all third party offers will be clearly labeled as ‘Adverstisement’ or ‘Affiliate Link.’ Our editorial content is not influenced by the funding sources. Our website hosts Google sponsored ads and links. We do not control the Google ads’ content. We reserve the right to block any ads that may mislead or misinform our users.

7. Indemnification

You are entirely responsible for maintaining the confidentiality of the information you provided to us. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless ObesityCoverage.com, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, your violation of the terms of this Agreement or your infringement, or infringement by any other user through your account, of any Intellectual Property Right or other right of any person or entity. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

8. DISCLAIMER OF WARRANTY

YOUR ACCESS AND USE OF THE SERVICE AND ANY CONTENT AT YOUR SOLE RISK.WE PROVIDE THE SERVICE AND THE CONTENT ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A “PROVIDER”) MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

9. Termination

We may terminate this Agreement or cease offering the Service, at any time and for any reason in our sole discretion.

10. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ObesityCoverage.com ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A “PROTECTED PARTY, COLLECTIVELY “PROTECTED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE SERVICE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF EXACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL PROTECTED PARTIES’ MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF FIFTY DOLLARS ($50) OR THE REVENUE EXACT ACTUALLY RECEIVED DIRECTLY ATTRIBUTABLE TO THE SOFTWARE ON YOUR COMPUTER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of The United States of America. To the extent you have in any manner violated or threatened to violate ObesityCoverage.com‘s intellectual property rights, ObesityCoverage.com may seek injunctive or other appropriate relief in any court of competent jurisdiction and you irrevocably consent to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ObesityCoverage.com Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Successor Agreements

The terms of this Agreement may change from time to time. You should check back at http://www.ObesityCoverage.com (the “Home Page”) regularly to determine if any material changes have been made. You agree that your continued use of the Service after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, do not access or use the Service.

13. General

This Agreement, as modified from time to time as described above, and including the ObesityCoverage.com Privacy Policy, guidelines and policies incorporated by reference, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access and use of the Service if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Service. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by ObesityCoverage.com or acts as estoppel against later enforcement. This Agreement constitutes the entire agreement between you and ObesityCoverage.com with respect to the specific subject matter addressed herein, and governs your use of the Service, superseding any prior agreements between you and ObesityCoverage.com or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with ObesityCoverage.com or its affiliates or related entities pursuant to a registration to access additional software or services provided by ObesityCoverage.com. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of ObesityCoverage.com. Any purported assignment without such consent will be null and void. ObesityCoverage.com shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Service resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of ObesityCoverage.com. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. All provisions of this Agreement that are intended to survive expiration, cancellation or termination of this Agreement shall so survive. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.