Bariatric Choice® Terms of Service
This Terms of Service document for our website (https://www.bariatricchoice.com) is a legal document that you agree to comply with fully. If you access and use the Bariatric Choice® (“Bariatric Choice”) website, you accept and agree to be bound by and comply with these terms (the "Terms"). If you do not accept the Terms, do not use the Site. Please read this document carefully.
Definition of Terms
The definition of “We”, “Our”, or “Us” represents Bariatric Choice® (“Bariatric Choice”) and BariatricChoice.com (“Bariatric Choice”). The definition of “You” or “Your” represents a user or visitor to the website.
User Rights and Responsibilities
It is your responsibility to use the website as intended. You will not try to break, reverse engineer, place viruses, hack the system or cause any harm to our website or users of the site or that may contain a virus or other computer code/file/program that was designed to interfere, destroy or limit the operation of any computer software, hardware , telecommunication operation or communication flow.. You will not post, upload, transmit, email, or share vulgar, degrading, racial, sexual, obscene, libelous, or harassing comments on or about the site or the visitors. You will not impersonate any individual or entity or use content that may infringe upon a copyright, trademark or intellectual rights. You will not intentionally or unintentionally violate any local, state, federal, or national laws.
It is the responsibility of each user to provide accurate information and to keep the information up-to-date. Data can be updated by logging in to your account or contacting Customer Service. You are also responsible for safeguarding your user name and password and not sharing the information with anyone else.
The website, all content, creative, functionality, code, creative, trademarks, trade name, service marks, logos, and brand features belong solely to Bariatric Choice and cannot be copied, extracted, or used in any manner without the express written agreement from Bariatric Choice. The images of places or people on the site are the property of Bariatric Choice or were used with permission. The use of these images by you is prohibited without prior written permission. Unauthorized use of intellectual property violates copyright laws, laws of privacy and publicity, trademark laws, and communications regulations and statutes.
You agree to pay for all purchases from Bariatric Choice and authorize Bariatric Choice, or its payment processor, to charge the credit card, debit card, or other payment method provided by you, in addition to any applicable taxes, shipping charges, or other fees. Your use of PayPal or another third-party payment service to pay Bariatric Choice constitutes your binding agreement to all applicable terms in said third party payment service’s legal agreements. All payments due are due and payable in U.S. dollars.
Payments for Subscription Purchases
By placing an order for any product with an subscription plan, you understand and agree that the credit card, debit card, or other payment method used by you to place your initial order will be charged for the price of your subscription item at the recurring schedule selected by you at the time of placing your order (e.g., every 30 days), unless you cancel your subscription plan or update your payment information as described below. Bariatric Choice is not responsible for any overdraft charges, insufficient fund fees, or other fees or harm you may incur as a result of subscription payments. Bariatric Choice may, in its sole discretion, send you email reminders about upcoming Subscribe & Save shipments, but you understand and agree that it is your exclusive responsibility to keep track of upcoming shipments and charges.
Changing or Cancelling Subscription Purchases
To view, manage, or cancel your subscription purchases, call 1-800-993-1143 or log in to your account and click the My Account > My Subscriptions tab, under the Subscribe & Save menu. All changes or cancellations must be submitted at least two (2) business days in advance of your next subscription shipment date.
Refunds and Returns
You may return any unopened, unused box, case, bottle or container of consumable Bariatric Choice product within sixty (60) days of purchase for a full refund or exchange. Additional return details are applicable and can be viewed on the Return Policy page
Digital Millennium Copyright Act Compliance
Bariatric Choice will comply with the Digital Millennium Copyright Act (DMCA) of 1988 and review any claims of copyright infringement. All requests must be provided by written notice to the corporate mailing address at Bariatric Choice, 3200 Corporate Drive, Suite B, Wilmington NC, 28405 with the following information:
- Name, address, telephone number, and email address of person stating the claim
- Name, address, telephone number, and email address of person representing the complainant
- A summary of the work claimed to be infringed
- The location of the work that was claimed to be infringed upon
- The location on BariatricChoice.com where the claimed infringed copyright content appears
- A signed statement from the complainant that it is believed in good faith that a violation has occurred
Linking to External Sites
Bariatric Choice does not guarantee the accuracy, security, or content of any site that you link to outside of the BariatricChoice.com site. The inclusion of a link on the site does not imply endorsement by Bariatric Choice. Use of any such linked site is at the user’s own risk.
Communication across any device or platform over the internet, mobile device, etc. is not 100% confidential. The communication is subject to possible interception or loss. Please do not send any personal or financial information through these communication channels. Bariatric Choice is not responsible or liable for any damages connected with sending information through these channels.
Change of Terms
The information provided in this Terms of Service Agreement may be changed at any time without notice. Changes will be posted to the website. You agree to review the Terms regularly and your continued access or use of Bariatric Choice will mean that you agree to any changes.
The materials on Bariatric Choice's web site are provided "as is". Bariatric Choice makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bariatric Choice does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
We do not represent or otherwise warrant that Bariatric Choice is error free and will not experience downtime. Bariatric Choice will make every effort to keep the website accurate and functional. The materials on Bariatric Choice’s web site are provided "as is". Bariatric Choice makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bariatric Choice does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability
IN NO EVENT SHALL BARIATRIC CHOICE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON BARIATRIC CHOICE'S INTERNET SITE, EVEN IF BARIATRIC CHOICE OR A BARIATRIC CHOICE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
To the extent permitted by law, you agree not to bring, join or participate in any class action as to any claim, dispute or controversy you may have against Bariatric Choice or its employees, officers, directors, assignees and servicers. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in the suit. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive the closing and repayment of the loan for which you are applying.
Registrants of Bariatric Choice hereby agrees that disputes and controversies of every kind and nature between user and Bariatric Choice or its successors or assignees, and any claim or dispute by either of us against any agent, employee, successor, or assignee of the other including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, including any past, present and future claims and disputes hereto arising out of or in connection with this agreement as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination therefore, as well as whether the controversy or dispute is subject to arbitration, and the amount of any loss or damage, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association. This agreement to arbitrate disputes is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which borrower is applying. In the event this provision or any part thereof is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall not be effected thereby and shall remain in full force and effect.
3200 Corporate Drive, Suite B
Wilmington, NC 28405
Last Updated: January 27, 2016