These terms and conditions were last updated on May 14, 2018.
All features and content described or depicted on this Website are subject to change at any time without notice. Using the Website, participating in a live experience with Dr. Weiner or purchasing a membership to the Website does not constitute a doctor-patient relationship with Dr. Weiner. The Website represents Dr. Weiner’s general thoughts and ideas about weight loss and weight loss surgery and should not be interpreted as advice from a physician about your medical condition.
Use of the Website
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates, including but not limited to Digital Bariatrics and Matthew Weiner, MD, PLLC and others. You must not use such marks without the prior written permission of the Company.
If you sign up for Membership to our website, you will be assigned a member name and password. These credentials are for your personal use only, and you agree that you will not allow anyone else to use such credentials. You are responsible for taking reasonable steps to protect your password.
You agree that your postings to the Membership Communities will be respectful of other members and will not violate the rights of others or contain inappropriate material as defined below. Communities may not be used for advertisements or solicitations of business.
Because of the volume of postings, Dr. Weiner or other members of the staff cannot respond to every posting on the forum. For the benefit of the general membership, Dr. Weiner or other members of the staff will respond to postings of the greatest overall interest.
The Website may contain forums, chat rooms, personal web pages or profiles, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post” or “posting”) content, material, information, suggestions, ideas, concepts, questions, or comments (collectively, “User Contributions”) on or through the Website.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- in any way that violates any applicable federal, state, local or international law or regulation;
- to transmit, or procure the sending of, any advertising or promotional material including any “junk mail” or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using the e-mail addresses or screen names associated with any of the foregoing);
- to post Inappropriate Materials as defined above;
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; or
- use a technology to interfere with the proper working of the Website, introduce material that is technologically harmful to the Website, or gain access to other users’ personally identifiable information.
Not Medical Advice and Not a Substitute for Your Physician
The contents of the Website such as: articles, text, graphics, images, links and other material contained on the site or any supporting material (for example, newsletters and books) are for informational and educational purposes only. The content and products on this site should not be considered a substitute for professional medical advice. Your physician or other qualified healthcare provider should always be consulted with any questions you may have regarding a diagnosis, medical condition or treatment. For medical services or medical emergencies, please call your personal physician or 911 immediately.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include/includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you believe that your work has been copied or otherwise has been made available through the Website or our systems or network in a way that constitutes infringement under the Copyright Act, please provide the following information to our designated agent (identified below) for receipt of notification of claimed infringement:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon notice of alleged copyright infringement, we will proceed as dictated by Title II of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). To ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. § 512(c) (3)).
1225 Stuyvessant Road
Bloomfield Hills, MI 48301
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We also have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Domestic Use and Export Restrictions
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
If you have any questions, feel free to contact us by one of the following methods:
- Phone: 1-248-413-2670
- Electronic: Contact Us Form
- Physical Address: 1225 Stuyvessant Road, Bloomfield Hills, MI 48301