Terms of Use - Center for Medical Weight Loss

ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS

Welcome to the Center for Medical Weight Loss (“CMWL”) Virtual Care Center (“VCC”), a website designed to enhance your weight loss experience. CMWL is the operator of the VCC. As used herein, "You" means you or anyone you authorize to use your VCC account. An "End User" is someone who uses the VCC. CMWL refers to all of the things You can do as an End User on the VCC collectively as the "VCC Services." It is important that You are fully aware of both of our respective legal rights and obligations. For that reason, CMWL has created these VCC Terms of Service (“VCC TOS”). Please carefully review these TOS, as it forms a binding agreement between You and CMWL. By using this website, You agree to these Terms of Service ("TOS") to use the VCC and obtain VCC Services (defined below). If You do not agree to these TOS or the general VCC TOS, you will not be permitted to use this website.

DISCLAIMER - THE VCC DOES NOT PROVIDE MEDICAL ADVICE

The VCC is designed to provide practical and useful information in relation to the CMWL Patient Weight Loss Program (the “Program”), in conjunction with in-person visits with your physician. The VCC is provided with the clear understanding that CMWL as a corporate entity and the VCC are NOT medical organizations and are NOT engaged in rendering medical advice or diagnosis. If medical advice or other expert assistance is required, the services of competent, qualified professional(s) should be sought. CMWL and the VCC are NOT a substitute for communications with a properly trained physician who can provide qualified diagnosis and treatment.

ELIGIBILITY

CMWL takes the privacy of children very seriously. You cannot register for the VCC Services if You are under the age of 13. You cannot follow the Program and/or use the VCC Services supporting the Program if you are under the age of 18.

REGISTRATION & PROGRAM VALIDATION

To access VCC Services, you are required to register a unique account on the website using an email address and password. You may access VCC Services that support Your personalized Program only by entering Your unique CMWL ID Number. You understand that validation of your local CMWL center is dependent upon successful online entry of Your unique CMWL ID Number, which is provided to You by Your local CMWL center. Only You may use the account You create. Use of your account by another End User is strictly prohibited.

PRIVACY PROTECTION

CMWL is committed to protecting your privacy online. Please read the information below to learn about the terms and conditions regarding Your use of this site. You acknowledge that these TOS are part of our website’s Privacy Policy, and by accessing or using our website, whether as a registered user or an unregistered visiting user, You agree to be bound by all of its terms and conditions. If You do not agree to these terms, please do not access or use this Site.

By registering to use the VCC Services, CMWL will collect personally identifiable information (“PII”), including Your name and email address, as well as information about Your weight loss progress as it relates to Your health, such as Body Composition Analysis (“BCA”) scale data, medications, health conditions and behavioral counseling modules. You understand that You authorize CMWL to access information and data related to Your participation in the CMWL Program collected at the point of service at Your chosen and validated local CMWL center in order to operate the VCC Services. You also understand that You authorize the sharing of PII and Program information You enter into the website via VCC Services with Your chosen and validated local CMWL medical practice as a part of your participation in the CMWL Program. CMWL will provide the necessary and required protocols to ensure the privacy and protection of Your PII, Program and health information as part of Your use of the VCC Services.

You understand and authorize the use of Your non-identifiable information for the purposes of measuring the effectiveness of the Program in clinical research studies. Your non-identifiable information will be shared with independent third party research partners using necessary and required protocols to protect Your PII.

MEASURES YOU MUST TAKE TO PROTECT YOUR OWN PRIVACY

Please be careful and responsible whenever You are using the VCC Services regardless of device through which the VCC Services are accessed. For example, make sure You sign out or close Your computer’s browser once You have finished your session on the VCC, as this will help prevent others from accessing Your PII. If You share a computer or mobile device with someone or are using a computer or mobile device in a public/semi-public environment such as an internet cafe, educational institution, library, etc., You are responsible for the security of and access to Your computer or mobile device and therefore Your account and its information, including your unique CMWL ID. Finally, remember that You are responsible for protecting Your username and password and any other account information.

LIABILITY

The use of the VCC Services and its contents is at your own risk. When using the VCC Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of CMWL. Accordingly, CMWL assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VCC Services.

The VCC Services and the content are provided on an "as is" basis. CMWL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, CMWL makes no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the VCC Services or the approval or compliance of any software tools with regard to the content contained on the Site.

In no event shall CMWL, its affiliates, or any third parties mentioned on the website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the VCC Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not CMWL, its affiliates, or any third parties mentioned on the website are advised of the possibility of such damages. CMWL, its affiliates, or any third parties mentioned on the website are not liable for any personal injury, including death, caused by your use or misuse of the VCC Services and content, or public areas on the Site.

PROPRIETARY CONTENT RIGHTS OF END USER SUBMISSIONS

Any personal information or other information governed by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") that You submit to the VCC Services is governed by Our Privacy Policy. Any other information You transmit to CMWL via the VCC Services or website, whether by e-mail submission, direct entry, post to a public area, or otherwise, shall be considered an automatic grant or warranty that the owner of such content or intellectual property has expressly granted us a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create, derive works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or any form, format, or forum now known or hereafter developed. Without this license, CMWL would be unable to provide the VCC Services. The license You grant to CWML is non-exclusive (meaning you are free to license your content to anyone else in addition to CMWL), fully-paid, and royalty-free (meaning that we are not required to pay You for the use on the VCC Services of the content that You post), sub-licensable (meaning CMWL may sublicense its rights through multiple tiers of sublicenses), and worldwide (because the Internet and the website are global in reach).

You should be aware that any PII which You voluntarily include and transmit through publicly accessible forums may be viewed and used by anyone with access to such forums. CMWL is unable to control such uses of Your PII, and by using such VCC Services You assume the risk that the PII provided by You may be viewed and used by third parties.

PROHIBITED CONDUCT

You are solely responsible and liable for Your acts or omissions made on or through the use of the VCC Services. Your authorization to use and CMWL's provision of the VCC Services is conditioned upon Your proper use of the VCC Services. Therefore, You agree that You shall NOT engage in any activity which CMWL in its sole discretion deems inappropriate or unacceptable, including but not limited to the following:

conduct criminal or illegal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any member to buy or sell any products or services through the VCC. You may not transmit any chain letters or junk email to other members. It is also a violation of these TOS to use any information obtained from the VCC in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
use these VCC Services in any manner inconsistent with or in violation of these VCC TOS as well as all applicable local, state, national or international laws and/or regulations having the force of law.
use the account, user ID, or password of another End User at any time
engage in any activity that is deemed by CMWL to be libelous, defamatory or slanderous.
interfere with, disrupt or create an undue burden upon the VCC Services or servers and/or networks connected to the VCC Services.
use the VCC Services in any manner that could damage, disable, overburden or impair the VCC Services.
attempt to gain unauthorized access to the VCC Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
harvest or collect email addresses or other contact information of End Users, including user IDs, from the VCC Services by electronic or other means modify, adapt, translate, or reverse engineer any portion of the VCC Services , or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Services.
reformat or frame any portion of the web pages that are part of the VCC Services.
remove any copyright, trademark or other proprietary rights notices contained in or on the VCC Services.
disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam".
use the VCC Services as a forwarding service to another website.
import, export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions.
engage in any other activity deemed by CMWL to be in conflict with the spirit or intent of these VCC TOS.
make any automated use of the VCC Services.
circumvent, disable or otherwise interfere with security features of the VCC Services or features that prevent or restrict use or copying of any content or enforce these VCC TOS and/or send more messages through the VCC Services in a given period of time than a single human can reasonably manually produce in the same period by using a conventional on-line web browser sending one message at a time.

COPYRIGHT & TRADEMARK- AUTHORIZATION TO USE SERVICES

All right, title and interest in the intellectual property and proprietary rights in the VCC Services and all of the CMWL - generated or licensed content (e.g. text, audio, audiovisual, graphics, software, photographs, page layout, and design) available on or through the VCC Services as well as all technical data and software used with the Services (software, scripts, and all other data) (the "CMWL Content") are owned, licensed or used with permission by CMWL. CMWL's Content is protected by copyright, trademark, patent, trade secret and other laws, and CMWL retains all rights (owned or licensed) in the CMWL Content and the VCC Services. CMWL hereby grants You a limited, nonexclusive, non-assignable, revocable, non-sublicensable license to access, reproduce and display using standard internet browser software, the CMWL Content (excluding any software code) solely for Your personal, educational, non-commercial use in connection with using the VCC Services. Decompiling, reverse engineering, disassembling, or otherwise extracting the code used in any software on the VCC Services into a human readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited. Except as otherwise provided herein, You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any CMWL Content appearing on or through the VCC Services. Use of CMWL Content anywhere other than on or through the Services for any reason is prohibited. All features of and content on or through the Services is presumed to be proprietary and copyrighted, unless otherwise designated. You have no proprietary rights whatsoever in the Services or its features.

THIRD PARTY WEB SITES AND SERVICES

The VCC Services may contain links to other web sites and services not maintained by CMWL. In addition, other web sites and services may also reference or link to CMWL. If You follow a link to any of these third party web sites, please note that these websites have their own privacy policies and that CMWL does not accept any responsibility or liability for these policies. We encourage You to be aware when You leave Our website, or surf the Internet, and to read the privacy statements of each and every web site and service that You visit before You submit any PII to these websites. We do not endorse, screen or approve, and are not responsible for the privacy practices or the content of, such other web sites and services.

CMWL’s Privacy Policy applies solely to information collected by CMWL through our website and VCC Services. CMWL does not assume any liability for third parties that have been provided with PII as permitted by this Privacy Policy or who have collected PII as permitted by this Privacy Policy, such as advertisers using third party cookies or vendors using information required to operate the VCC Services.

TERMINATION

This VCC TOS is effective unless and until terminated by either You or CMWL. You may terminate these VCC TOS at any time by no longer using the VCC Services, provided that all prior uses of this website shall be governed by these VCC TOS. CMWL may terminate these VCC TOS at any time and without notice, and accordingly deny You access to this website, in CMWL’s sole discretion for any reason, including Your failure to comply with any term or provision of these VCC TOS.

MODIFICATIONS & UPDATES

The VCC Services offered hereunder may be updated, modified, removed or disabled, in whole or in part, without notice and for any reason in CMWL's sole discretion. Please note that these VCC TOS may also be modified, changed, updated, revised and reissued at any time by updating this posting. If CMWL does change these VCC TOS, it will post the most recent version of these VCC TOS and indicate its effective date. You are solely responsible for regularly reviewing these VCC TOS so that You will be apprised of any change(s). Your continued use of the VCC Services after any such change(s) constitutes Your continued and/or renewed acceptance of these VCC TOS as modified.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with CMWL or this VCC shall be within the State of New York, and You further agree and expressly consent to the exercise of personal jurisdiction in the court of the State of New York in connection with any such dispute, including any claim involving CMWL or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These VCC TOS are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these VCC TOS is found to be invalid, void or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these VCC TOS, which shall remain in full force and effect. No waiver of any of these VCC TOS shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

INDEMNIFICATION

You agree to indemnify and hold CMWL, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the VCC or website in violation of these VCC TOS and/or arising from a breach of these VCC TOS and/or any breach of Your representations and warranties set forth above and/or if any content that You post on the VCC or through the website causes CMWL to be liable to another.

OTHER

By using the VCC or any of CMWL’s services hereunder, You agree to these VCC TOS. These VCC TOS and our Privacy Policy constitute the entire agreement between You and CMWL with respect to the use of the VCC, website and its content and services. The failure of CMWL to exercise or enforce any right or provision of these VCC TOS shall not operate as a waiver of such right or provision. The section titles in these VCC TOS are for convenience only and have no legal or contractual effect. This VCC TOS operates to the fullest extent permissible by law.

QUESTIONS

If You wish to have a question answered regarding this VCC TOS, CMWL’s VCC Services or CMWL’s Privacy Policy or You wish to have a privacy concern investigated, email us at privacy@cmwl.com or mail us at 200 White Plains Road, 3rd Floor, Tarrytown, NY 10591.

Last Updated and Effective on February 21, 2014

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