Terms and Conditions of Use

Disclaimer

The content provided herein is intended to cover all uses of the Digital Platform. BODY BY BARIATRICS, LLC Digital Platform, IS NOT INTENDED TO BE USED TO ADDRESS MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING AN EMERGENCY OR URGENT MEDICAL PROBLEM, GO TO THE NEAREST EMERGENCY ROOM OR CALL 911 OR YOUR PHYSICIAN’S OFFICE IMMEDIATELY. None of the products or services offered through the Digital Platform 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 their physician or other qualified healthcare provider with any questions regarding their personal health or medical conditions.

THE USE OF THE DIGITAL PLATFORM IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE. BODY BY BARIATRICS, LLC MAY MODIFY THESE TERMS AND CONDITIONS OF USE AT ANY TIME AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING THE MODIFIED TERMS AND CONDITIONS TO THE DIGITAL PLATFORM. YOU AGREE TO REVIEW THE PRIVACY POLICY, INCLUDING THE TERMS AND CONDITIONS OF USE, PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS.

NOTE THAT THESE TERMS AND CONDITIONS OF USE INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL (NON-CLASS) ARBITRATION. READ CAREFULLY.

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 the Digital Platform for any purpose in violation of local, state, national or international laws
  • Use the Digital Platform as a means to distribute advertising or other unsolicited material to any third party
  • Use the Digital Platform 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 the Digital Platform

If you use any part of the Digital Platform 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.

Services Available

The Digital Platform includes personalized, online services offered by BODY BY BARIATRICS, LLC  that gives you easy access to doctors, extended medical services and your personal medical records. Through the Digital Platform, you have the ability to schedule medical appointments, search for specialists, pay bills online and view selected portions of your medical record by logging into your patient portal. The Digital Platform also provides a method to (i) participate in virtual physician office visits and (ii) view a timeline of care from participating locations and physicians in the hospital networks.

You agree that the Digital Platform is a communication service offered only as a convenience tool. You understand that messages will be routed to the appropriate department as necessary and, therefore, BODY BY BARIATRICS, LLC  employees, agents and contractors, other than your healthcare provider, may be involved in addressing your request. You understand that you may receive messages, test results and other communications delivered via the Digital Platform.

You understand that information accessible through the Digital Platform is not your complete medical record. If you want a copy of your complete medical record, please contact Support@BodyByBariatrics.com

Ownership of Content

All information including, but not limited to, software, artwork, text, video, audio, pictures, logos and other material contained on or embedded in our website (the “Content”), including all associated intellectual property rights and the BODY BY BARIATRICS, LLC  trademark, are the proprietary property of BODY BY BARIATRICS, LLC  and its licensors, and are protected by copyright and other intellectual property laws unless we have expressly granted you rights in or to that intellectual property.

Right to Use this Website and Content

Subject to this Privacy Policy, BODY BY BARIATRICS, LLC  grants to you a personal, revocable, non-assignable, non-sublicensable and non-exclusive limited right to (i) use our Digital Platform and (ii) view all content provided, made available or otherwise accessible via our Digital Platform. Except as expressly authorized by BODY BY BARIATRICS, LLC , you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our website, in whole or in part. You may download, save, or print a reasonable number of copies of the materials from our website for your own personal, non-commercial and/or education use only, provided you include the following copyright notice: “Copyright © 2023, BODY BY BARIATRICS, LLC . All rights reserved.” You agree not to modify our Digital Platform, or any contents, in any manner or form or use modified versions of the Digital Platform. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer or disassemble our Digital Platform, merge our Digital Platform into other program material, nor shall you otherwise create or attempt to obtain the source code of our website.

Warranties & Indemnification

BODY BY BARIATRICS, LLC  DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING INFORMATION, CONTENT OR ITEMS APPEARING ON THE DIGITAL PLATFORM. BODY BY BARIATRICS, LLC  DOES NOT WARRANT THAT DOWNLOADS FROM THE DIGITAL PLATFORM WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER DATA-ALTERING OR CONTAMINATING COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER OR DEVICE AND ITS DATA.

While BODY BY BARIATRICS, LLC  tries to keep the information on the Digital Platform both accurate and up-to-date, BODY BY BARIATRICS, LLC  does not warrant the accuracy, completeness, correctness, usefulness or applicability of any information, or other data or items appearing on the Digital Platform. BODY BY BARIATRICS, LLC  will not be liable in any event to any user for any decision made or action taken in reliance upon the information, or content on the Digital Platform.

BODY BY BARIATRICS, LLC  does not guarantee continuous or uninterrupted access to the Digital Platform and operation of the Digital Platform may be interfered with by factors beyond BODY BY BARIATRICS, LLC ’s control.

The written content of the Digital Platform is for informational purposes only. Never delay in seeking medical advice or attention because of something you have read on the Digital Platform.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BODY BY BARIATRICS, LLC  SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, INFORMATION YOU PROVIDE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BODY BY BARIATRICS, LLC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE THE DIGITAL PLATFORM; (ii) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DIGITAL PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE OR IN YOUR ONLINE ACCOUNT; (v) YOUR USE OF THE INTERNET OR YOUR INTERNET SERVICE PROVIDER; (vi) DEFECTS OR INACCURACIES IN YOUR DEVICE OR SOFTWARE USED TO ACCESS THE DIGITAL PLATFORM; OR (vii) ANY OTHER MATTER RELATING TO YOUR USE OF THE DIGITAL PLATFORM.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BODY BY BARIATRICS, LLC  EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU (IF ANY) TO BODY BY BARIATRICS, LLC  RELATING TO YOUR USE OF THE DIGITAL PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE ALSO BE ADVISED THAT BODY BY BARIATRICS, LLC  WILL NOT USE THESE TERMS TO DISCLAIM ITS LIABILITY FOR PROFESSIONAL MALPRACTICE LIABILITY THAT MAY ARISE FROM ITS PROVISION OF VIRTUAL URGENT CARE VISITS.

Indemnification

You agree to indemnify, defend, and hold harmless BODY BY BARIATRICS, LLC , as well as BODY BY BARIATRICS, LLC ‘s affiliates, officers, directors, employees, agents, information providers and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from your violation of, or improper use, of the Digital Platform pursuant to the Privacy Policy and Terms and Conditions of Use.

Disputes

You agree to first resolve any dispute in an informal manner for a period of at least sixty (60) days. If after sixty (60) days the dispute remains unresolved, you agree to submit the dispute on an individual basis (non-class) to binding arbitration. The arbitration shall be governed by the American Arbitration Association.

Governing Law

You expressly agree that the substantive laws of the State of Florida will apply in connection with any such dispute, including any claim involving BODY BY BARIATRICS, LLC  or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers

Jurisdiction

You agree to be subject to jurisdiction in Orange County in the State of Florida to resolve any disputes.

Termination of Use

BODY BY BARIATRICS, LLC  may terminate your account or use of the Digital Platform at any time. You are liable for any use of the Digital Platform prior to the date of termination. 

BODY BY BARIATRICS, LLC  reserves the right to change, suspend, or discontinue any or all aspects of the Digital Platform at any time without prior notice to you.