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CMWLDoctor.com Terms of Use
Welcome to CMWLDoctor.com. CMWLDoctor.com is a media property of Be-Thin, Inc. d/b/a The Center for Medical Weight Loss (also referred to as “CMWL” or the “Company”) and is located online at http://www.CMWLDoctor.com (also referred to as the “Web Site” or “CMWLDoctor.com”). These terms of use (“TOU”) constitute a binding agreement – and the only agreement – between CMWL and you governing your use of the Web Site. By visiting the Web Site, you agree to be bound by all of the terms and conditions of the TOU, whether you are a “Visitor” (which means you are just browsing the Web Site) or a “Verified Physician” (which means you have registered with the site by entering a valid DEA number with CMWLDoctor.com).
If you do not agree to these TOU, please do not register for or enter the Web Site. The Company may also modify the TOU at any time, without notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view the TOU. Your continued use of the Web Site after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting the Web Site immediately.
We at CMWL take these terms of use seriously. If we believe you have breached the TOU, we may, without notice, suspend or terminate your ability to access the CMWL Web Site and/or any other service, specific content, digital products, products, courses or events, provided to you by CMWL.
2. Users
Visitors to the Web Site may access the website by entering their DEA number and email address into the prompt on the Web Site. Such Visitors are referred to herein as “Verified Physicians.”
By registering at the Web Site, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If CMWL suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these TOU, your access to the Web Site may be subject to suspension or termination, and you may be barred from using the Web Site. By registering at the Web Site, you acknowledge and agree that CMWL may contact you at the email address provided during registration regarding CMWL products and services.
3. Users Who Are Age 18 and Younger
The Web Site is not directed at children under 13 years of age. Any registration with, use of, or access to the Web Site by anyone under 13 is unauthorized, unlicensed, and in violation of these TOU.
Parents of children between the ages of 13 and 18 who wish to allow their children access to the site have the responsibility to determine the content that is appropriate for their children.
4. Privacy Policy
Your use of the Web Site is subject to our Privacy Policy. To view the CMWL Privacy Policy, please visit http://www.centerformedicalweightloss.com/doctor/privacy-policy
5. Reliance on Medical, Legal, Financial, Investment and Other Information
The Web Site may present resources for the purpose of informing, sharing, and creating a community among CMWL Visitors and Verified Physicians; CMWL’s intent is not to provide exhaustive information or advice on a particular topic. You should not rely on information provided by the Web Site to suggest an authoritative course of action for an individual with medical concerns. The information contained here should not replace a consultation with a qualified expert in the field, such as a physician, health care provider, or therapist.
6. Other Parties and Web Sites
From time to time, CMWL may make available to you certain services offered by third parties or pages of the Web Site may include links to other parties’ Web Sites. Those third party services and Web Sites are not governed by CMWL’s TOU but may be governed by other terms of use. Also, CMWL does not review all the content of these external Web Sites and is not responsible for the quality of information on any of the external Web Sites or any link contained in the external Web Sites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.
7. Copyright
CMWL is the owner of the Web Site as a whole, and of any individual content on the Web Site that is provided by CMWL staff members, or contributors who provide work under contract with CMWL. All CMWL content is protected under the copyright and intellectual property laws of the United States and other countries. The Web Site may also include works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of the Web Site content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Web Site. You may not, incorporate the information, content, or other material on the Web Site in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Web Site, except as specifically noted above.
Except as specifically authorized by CMWL, Inc., you may not deep-link to this Web Site for any purpose or access this Web Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Web Site or any information, content, or material on this Web Site. CMWL reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Web Site or any content contained therein, whether in whole or in part.
8. Trademark
The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means if identifying products or services displayed on the Web Site, including without limitation, any variation of the terms or phrases “Center for Medical Weight Loss,” “Doctor’s Orders,” “Truth in Weight Loss,” “Accelerated Program,” “Accelerated Plus Program,” and “CMWL Accelerated Program” (collectively, the “Marks”) are our registered and/or common law Marks or other intellectual property rights. You will not use the Marks without our express written permission. You may not use our Marks in any search engine descriptions, content (meta-tags, “white lettering,” key words, or other means of directing or influencing web traffic to any website), web page, portal or e-mail operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of these TOU. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporate the Marks or any marks that are confusingly similar to the Marks.
9. E-Sign
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS WEB SITE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You may obtain a copy of this TOU Agreement by printing it now at no additional cost to you or by contacting us later at support@CMWLDoctor.com. We may charge you up to $15 per copy of this TOU Agreement if we send a copy to you at a later date.
10. Disputes
You are solely responsible for your interactions with other Verified Physicians or Visitors to the Web Site. CMWL reserves the right, but has no obligation, to monitor or take action regarding disputes between Verified Physicians and/or Visitors. In the event of disputes, CMWL may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your ability to access the Web Site.
11. Indemnity
You agree to indemnify and hold CMWL and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Web Site or other CMWL services, your connection to the Web Site, your violation of the TOU, or your violation of any rights of another.
12. Modifications to the Web Site; Planned Downtime
CMWL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. CMWL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site. Without limiting the foregoing, CMWL will from time to time notify you by posting on the Web Site that the Web Site will be unavailable for planned maintenance. Such planned downtime, to the extent practicable, will be scheduled by CMWL during the hours from 6:00 p.m. Eastern time to 6:00 a.m. Eastern time.
13. Termination
CMWL may, under certain circumstances and without prior notice, immediately terminate your access to the Web Site and any other CMWL services. Cause for such termination shall include, but not be limited to:
Termination may include:
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMWL AND ITS SHAREHOLDERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CMWL AND ITS SHAREHOLDERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMWL OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEB SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEB SITE. IMMEDIATELY DISCONTINUE USE OF THE WEB SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEB SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CMWL AND ITS SHAREHOLDERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CMWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
16. EXCLUSIONS AND LIMITATIONS
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 OF LIABILITY MAY NOT APPLY TO YOU.
17. NOTICE
CMWL may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Web Site.
18. Violations of These Terms of Use
Please report any violations of the TOU, including objectionable User Content or behavior, to http://http://www.centerformedicalweightloss.com/doctor/contact-us. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, CMWL in its sole discretion may investigate the matter and take such action as CMWL determines to be appropriate.
19. No Waiver
CMWL’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. This means that CMWL may at any time choose to take an action that it is permitted or legally entitled to take, even if CMWL has not taken such an action in the past, in the same or a similar situation.
20. Terms of Use Update
TOU updated July 1, 2010.