Welcome to www.obesitycontrolcenter.com. an online information and communications service provided by CYNTAR SC., DBA Obesity Control Center. This policy is intended to cover the uses for all of the Site, although additional conditions, restrictions and privacy policies may apply.
To use the services offered at www.obesitycontrolcenter.com or by any of its affiliates, you must agree to the following conditions. If you visit or provide information to www.obesitycontrolcenter.com, you accept these conditions. Please read them carefully.
www.obesitycontrolcenter.com may modify these conditions at any time, and those modifications shall be effective immediately after posting the modified terms and conditions. Accessing or using the service constitutes your acceptance of these conditions as they appear at the time of your access or use.
1.HEALTH CARE DISCLAIMER
The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
2. MEDICAL EMERGENCIES
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THIS WEBSITE FOR SPECIFIC ADVICE OR TO FIND EMERGENCY SERVICES BUT SHOULD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE. IF YOU ARE IN THE UNITED STATES PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
4.INTENDED FOR USERS 18 AND OLDER
The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.
You agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party
- Use this website for any purpose in violation of local, state, national or international laws
- Use this site as a means to distribute advertising or other unsolicited material to any third party
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
- Attempt to disable, “hack” or otherwise interfere with the proper functioning of this website
If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
5. ELECTRONIC COMMUNICATIONS
A. Consent. When you visit www.obesitycontrolcenter.com or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
B. Security. This security of any data you submit via this site is very important to us, but no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the Internet, the security of the transmission may be compromised before it reaches us. Accordingly, www.obesitycontrolcenter.com makes no guarantee as to confidentiality or security. YOU EXPRESSLY AND SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF WWW.OBESITYCONTROLCENTER.COM
A. Copyright Protection. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.obesitycontrolcenter.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of www.obesitycontrolcenter.com and protected by U.S. and international copyright laws. All software used on this site is the property of www.obesitycontrolcenter.com or its software suppliers and protected by United States and international copyright laws.
7. INTELECTUAL PROPERTY
The marks Obesity Control Center®, Dr. Ariel Ortiz®, Ariel Ortiz MD®, The Ariel Center®, The Stomach Sparing Gastric Sleeve® are trademarks and/or service marks of Obesity Control Center. The content and design of Obesity Control Center Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Obesity Control Center. You understand and agree that title to these materials shall not pass to you or any other user.
A. Protected Marks and Graphics. All www.obesitycontrolcenter.com trademarks, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of www.obesitycontrolcenter.com, Inc. or its subsidiaries. www.obesitycontrolcenter.com‘s trademarks and trade dress may not be used in connection with any product or service that is not www.obesitycontrolcenter.com‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.obesitycontrolcenter.com. These trademarks include, but are not limited to, www.obesitycontrolcenter.com, www.obesitycontrolcenter.com & Design, www.obesitycontrolcenter.com MOBILE, ENSPIRA. All other trademarks not owned by www.obesitycontrolcenter.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.obesitycontrolcenter.com or its subsidiaries.
8. LICENSE AND SITE ACCESS
A. General. www.obesitycontrolcenter.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.obesitycontrolcenter.com.
B. No License for Commercial Sale. This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, descriptions, or prices of products or services offered; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.obesitycontrolcenter.com.
D. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.obesitycontrolcenter.com and our affiliates without express written consent.
E. “Metatags.” You may not use any metatags or any other “hidden text” utilizing www.obesitycontrolcenter.com‘s name or trademarks without the express written consent of www.obesitycontrolcenter.com. Any unauthorized use terminates the permission or license granted by www.obesitycontrolcenter.com.
F. Linking. You are granted a limited, revocable, and nonexclusive right to create a hyper- link to the home page of www.obesitycontrolcenter.com as long as the link does not portray www.obesitycontrolcenter.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.obesitycontrolcenter.com logo or other proprietary graphic or trademark as part of the link without express written permission.
9. YOUR ACCOUNT
10. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
A. Nature of Content. Visitors to www.obesitycontrolcenter.com may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
B. False Information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. www.obesitycontrolcenter.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
C. Rights Granted. If you post content or submit material on a forum or that is otherwise visible to the public, and unless we indicate otherwise, you grant www.obesitycontrolcenter.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant www.obesitycontrolcenter.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
If you use blogging features or otherwise post information to the Site, you agree you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Obesity Control Center in its sole discretion
- Post advertisements of solicitations for business
- Post chain letters or pyramid schemes
- Impersonate another person including but not limited to a spouse, child or sibling
- Allow another person to use your credentials for posting or viewing comments
- Post the same note more than once or “spam”
Obesity Control Center reserves the right to do any or all of the following:
- Terminate a user’s access to the entire Site or specific features such as the blog
- Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.
D. Rights Owned. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify www.obesitycontrolcenter.com or its affiliates for all claims resulting from content you supply. www.obesitycontrolcenter.com has the right but not the obligation to monitor and edit or remove any activity or content. www.obesitycontrolcenter.com takes no responsibility and assumes no liability for any content posted by you or any third party.
11. COPYRIGHT COMPLAINTS
A. General. www.obesitycontrolcenter.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the site for instructions on how to make a Copyright Infringement Claim.
12. ORDER LIMITATIONS
We reserve the right to reject any order you place with us without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
13. RISK OF LOSS
A. General. All items purchased from www.obesitycontrolcenter.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.
14. PRODUCT AND SERVICE DESCRIPTIONS
A. General. www.obesitycontrolcenter.com and its affiliates attempt to be as accurate as possible. However, www.obesitycontrolcenter.com makes no warranties that the descriptions of products and services, and any other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by www.obesitycontrolcenter.com itself is not as described, your sole remedy is to return it in unused condition. If you purchase a service through www.obesitycontrolcenter.com, you should first discuss with a qualified professional whether that service is suitable for you.
15. OTHER BUSINESSES
A. General. Parties other than www.obesitycontrolcenter.com and its subsidiaries may provide services, or sell product lines on this site. www.obesitycontrolcenter.com may provide links to the sites of affiliated companies and certain other businesses.
B. No Warranties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of third parties or the content of their Web Sites. www.obesitycontrolcenter.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY WWW.OBESITYCONTROLCENTER.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WWW.OBESITYCONTROLCENTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWW.OBESITYCONTROLCENTER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WWW.OBESITYCONTROLCENTER.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.OBESITYCONTROLCENTER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.OBESITYCONTROLCENTER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. APPLICABLE LAW
A. Governing Law. By visiting www.obesitycontrolcenter.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.obesitycontrolcenter.com or its affiliates.
15. LINKS TO THIRD PARTY WEBSITES
The Site contains links to other sites operated by third parties. These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
15. SITE POLICIES, MODIFICATION, AND SEVERABILITY
A. Other Policies. Please review our other policies, such as our pricing policy, posted on our site. These policies also govern your visit to www.obesitycontrolcenter.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
16. TERMINATION OF USE
Obesity Control Center may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
You agree that you will indemnify Obesity Control Center against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.
If you have any questions about the service please contact us at:
Obesity Control Center
1901 First Av., Suite 124
San Diego, CA. 92101
Last updated 09-30-2019