Terms of Service

By accessing, viewing, downloading or otherwise using this software or any webpage or feature available through the Obesity Medicine Association®, hosted by OMA, any information provided as part of this service, or any related emails, newsletters or services (hereinafter collectively “Services”), or by using the Services software to power your website, either in whole or in part, you conclude a legally binding agreement with OMA (“we”) based on the terms of this User Agreement (“Agreement”) and become a user (“User”). If you are using Services or any software hosted or managed by OMA on behalf of a company or other legal entity, you are individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT login to the Services software and do not access, view, download or otherwise use any Services product, or product of OMA.

We encourage you to read this Agreement with great care in order to participate with us in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

Your Obligations – What You Must Do

Comply with laws and the Agreement.

You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:

License and warrant your submissions.

You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform OMA in the event that any such information has changed since your registration with us and, if appropriate, you agree to make such modifications yourself to your profile. OMA exercises no control over any content you or others submit while using our services. OMA has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through OMA software in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform OMA.

Service Eligibility.

You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from OMA; (c) are not a direct competitor of OMA; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to OMA portals, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

Keep your password secure.

Keep your password confidential, do not use other Users’ accounts, and do not let others use your account; you are responsible for anything that happens through your account, until you notify us of a breach, close your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your OMA account or any information therein to another party or charging anyone for access to any portion of the software, or any information therein.

Indemnify us.

You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third-party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to OMA or (c) any activity in which you engage on or through the OMA portals.

Pay applicable fees.

If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including without limitation monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

Export Control.

Your use of OMA portals, including its software, is subject to export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

Termination

You may terminate this Agreement, for any or no cause, at any time, with notice to OMA, which shall be effective upon OMA processing such notice. OMA may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by OMA or the party paying for such services. Termination of your OMA account includes disabling your access to software and services (including any content you submitted or others submitted) and may also bar you from any future use of OMA software. In furtherance and without limiting the foregoing, OMA has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. OMA may also at its sole discretion limit access to the Service and/or terminate the memberships of any users or sites who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Upon termination software owned and maintained by OMA is not transferrable, the only content which may be downloaded by you is the templates that compose the design of your website or portal. You may not have access to databases which control Services content or services. You are responsible for transferring all content from your account to a new service provider in the event of termination.

General Terms

Severability.

If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices.

We may notify you via postings on obesitymedicine.org, and via e-mail or any other communications means to contact information you provide to us. You may also notify us via e-mail at [email protected] or via mail or courier to: OMA, 7173 S. Havana St. #600-130, Centennial, CO 80112. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Entire Agreement.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Amendments to this Agreement.

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at obesitymedicine.org or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.

No informal waivers, agreements or representations.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by OMA shall be deemed legally binding, unless documented in a physical writing hand signed by a duly appointed officer of OMA.

No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, OMA for any third party that assumes our rights and obligations under this Agreement.