Terms of
Use
PLEASE
READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND
RESPONSIBILITIES.
Banded
Living, LLC (“Banded Living, ” “we, ” or “us”) operates
a website, www.bandedliving.com (the “Site”),
primarily geared toward individuals who are considering or have undergone lap
band surgery. This Terms
of Use Agreement ("Agreement") sets forth legally binding terms for
your use of the Site. By using
the Site you accept and agree to be bound to the following terms and conditions
whether or not you register as a Member or pay for any services or products
that may be offered by us from time to time.
1.
Definitions
This
Agreement will use the following defined terms:
a.
“Banded Living Content” - all data, text, files, images,
photos, video, works of authorship, information, links or any other materials
that is currently on or may be uploaded to the Site by Banded Living from time
to time.
b.
"Member" - a user that
completes the Banded Living registration process.
c.
"Member Content" - all data, text, files, images,
photos, video, works of authorship, information, links or any other materials
that may be uploaded to the Site by Members from time
to time.
d.
“post" or
"posting" - publish or display.
2.
Rules of Conduct
You
agree that you are responsible for your own conduct and communications while
using the Site and for any consequences thereof. You are solely responsible for all Content
that you post, upload, email, transmit or otherwise make available on the Site. While Banded Living prohibits specific
conduct and Content in connection with the Site, you understand and agree that
you nonetheless may be exposed to such conduct and/or
Content and that you use the Site at your own risk. Under no circumstances will Banded Living be
liable in any way for any Content.
You
agree to use the Site in ways that are respectful to other users and their
experience and in a manner consistent with any and all
applicable laws and regulations. You
agree not to use the Site to:
a.
Upload, post, email,
transmit or otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar or obscene (unless within the
scope of the topic area of a message board as determined by Banded Living in
its sole discretion), libelous, invasive of another's privacy, hateful or
promote racism, bigotry, hatred or physical harm of any kind against any group
or individual;
b.
Exploit people
in a sexual or violent manner;
c.
Solicit personal
information from anyone under the age of 18;
d.
Solicit
passwords or personal identifying information for commercial or unlawful
purposes from other users;
e.
Impersonate
another person or entity, whether or not a Member of Banded Living;
f.
Upload, post, email,
transmit or otherwise make available restricted or password only access pages
or hidden pages or images (those not linked to or from another accessible
page);
g.
Upload, post, email,
transmit or otherwise make available any Content that infringes any patent, trademark,
copyright, trade secret or other proprietary right of any party (collectively
the "Proprietary Rights"), unless you are the owner of the
Proprietary Rights or have the permission of its owner to post such Content;
h.
Upload, post, email, transmit or otherwise make available
any Content that promotes an illegal or unauthorized copy of the copyrighted
work of another, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
i.
Upload, post, email,
transmit or otherwise make available any Content that provides instructional
information about illegal activities such as making or buying illegal weapons
or promote physical harm or injury against any group or individual, violating
someone's privacy, or providing or creating computer viruses;
j.
Falsify or
delete any author attributions, legal or other proper notices or proprietary
designations or labels stating the origin or source of software or other
material contained in a file that is posted;
k.
Promote, engage
or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, disruptive commercial messages, false
or misleading information or any other form of solicitation;
l.
Transmit any
viruses, worms, defects, Trojan horses, or any items of a destructive nature;
m.
Do anything that may interfere with the operation of
the Site, including, but not limited to, hacking, spamming and flood attacking;
n.
Remove any copyright, trademark or other proprietary
rights notices contained in or on the Site;
o.
Interfere with
or disrupt the Site or servers or networks connected to the Site, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Site;
p.
Use any robot, spider,
site search/retrieval application, or other device to retrieve or index any
portion of the Site or collect information about users for any unauthorized
purpose;
q.
Submit Content
that falsely expresses or implies that such Content is sponsored or endorsed by
Banded Living; or
r.
Create user
accounts by automated means, or under false or fraudulent pretenses.
If
you use the Site to commit any of the above, Banded Living may,
in its sole discretion, terminate your password, account or ability to
use the Site, and remove and discard any of your Content within the Site.
International users agree to comply with their own
local rules regarding online conduct and acceptable content, including laws
regulating the export of data to the United States or to or from your country
of residence and expressly consent to and acknowledge that by using the Site
they may be transferring personal data to the United States without any
liability or obligation on the part of Banded Living except as set forth in
this Agreement and in Banded Living's Privacy
Policy.
3.
Content
a.
Banded Living Content - Our Site and all of the Banded Living Content (collectively,
the “intellectual property”), are protected by copyright, trademark and other
laws of the United States, as well as international conventions and the laws of
other countries. The intellectual
property is owned or controlled by Banded Living or
the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or
compilation.
You
may browse through the Site and occasionally download small amounts of Banded
Living Content that are of interest to you.
You must keep intact all copyright, trademark and other notices
contained in your personal copies. Except as otherwise provided in this Agreement, you may not
reproduce or allow others to reproduce your personal copies of downloaded materials,
nor may you make them available electronically without our express written
consent. You may not save or
archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the Content
posted on the Site. Except as expressly
set forth in this Agreement, you may not copy, download, display, distribute, publish,
enter into a database, perform, modify, create derivative works, transmit, post,
decompile, reverse engineer, disassemble or in any way exploit any of our
intellectual property or the Site itself.
b.
Member Content - You understand and agree that Banded Living may review and delete any Member
Content at its sole discretion. Banded
Living does not claim any ownership rights in any Content that you post to the Site. After posting any Member Content to the Site,
you continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By posting any Content on or through the Site,
you hereby grant to Banded Living a limited license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content solely on and
through the Site. Without this license, Banded
Living would be unable to provide the Site.
The license you grant to Banded Living is
non-exclusive (meaning you are free to license your Content to anyone else in
addition to Banded Living), fully-paid and royalty-free (meaning that Banded
Living is not required to pay you for the use on the Site of the Content that
you post), sublicensable (so that Banded Living is able to use its affiliates
and subcontractors such as Internet content delivery networks to provide the Site),
and worldwide (because the Internet and the Site are global in reach). This license will terminate at the time you
remove your Content from the Site. The
license does not grant Banded Living the right to sell your Content, nor does
the license grant Banded Living the right to distribute your Content outside of
the Banded Living and its sublicensees Sites.
You understand that all Member
Content, whether posted in public or restricted groups, is the sole
responsibility of the originator of such Content. This means that you, and not Banded Living, are
entirely responsible for all Content that you post, upload, distribute, disseminate
or otherwise transmit via the Site. Under
no circumstances will Banded Living be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or loss or damage
of any kind whatsoever incurred as a result of the use
of or exposure to any Content through the Site.
You agree that you must evaluate, and bear all risks associated with, the
use of or exposure to any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. You
understand that the technical processing and transmission of the Site, including
Content, may involve (1) transmissions over various networks;
and (2) changes to conform and adapt to technical requirements of connecting networks
or devices.
You acknowledge that Banded
Living does not pre-screen, control, edit or endorse any Member Content made
available through the Site and has no obligation to monitor the Member Content
made available via the Site. If Banded
Living discovers Content that does not appear to conform to this Agreement, Banded
Living may investigate and determine in good faith and in its sole discretion whether or not to remove the Content. Banded Living is under no obligation to do so
and Banded Living will have no liability or responsibility for performance or
non-performance of such activities. You
agree to resolve directly and exclusively with third parties any disputes you may have about messages that they post. You may also contact us at help@bandedliving.com
to request a removal.
You
acknowledge and agree that Banded Living may preserve or disclose any Member Content
if it reasonably believes disclosure is required by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
this Agreement; (c) respond to claims that any Member Content violates the
rights of third-parties; or (d) protect the rights, property, or personal
safety of Banded Living, its users, and the public.
4.
Banded Living Amazon Store
From
time to time, Banded Living may offer products for sale either directly or
through the “Banded Living Amazon Store” page on the Site (the “Store”). While we may include in our Store certain
third party products and/or services that our staff has used and like or that
our users recommend, you are responsible for making your own decisions about
such products and/or services. Banded
Living does not endorse or guarantee any products or services that are listed in the Store or through links on the Site to
third party websites. You should always
consult your doctor or medical team before making decisions about using any
products or services that might impact your health.
Please refer to our Medical
Disclaimer for more information.
5.
Eligibility and Registration
Membership
in the Site is void where prohibited by law.
You do not need to be a Member to read certain Content on the Site;
however, if you want to post messages you will need to complete the
registration process. By using the Site,
you represent and warrant that all registration information you submit is
truthful and accurate, and that you agree to maintain the accuracy of such
information on an ongoing basis. To
comply with the Children's Online Privacy Protection Act, at this time Banded
Living is only available to users who are at least 18 years old. IF YOU
ARE UNDER 18, YOU MAY NOT REGISTER TO USE THE SITE OR PROVIDE PERSONAL
INFORMATION TO BANDED LIVING THROUGH THE SITE.
Your
Membership is solely for your personal use, and you shall not authorize others
to use your account, including your profile or email address. You are solely responsible for all Content
published or displayed through your account, including any email messages, and
for your interactions with other users. As
part of the registration process, you will be asked to
select a username and password and you will be responsible for all activities
occurring under your username and for keeping your password secure. In order to maintain your
privacy, when setting up your profile you may elect to keep it private. If you do so, no other Members or users will
be able to view your profile information.
However, if you elect to have your profile be publicly available, all
Members will be able to view the information and pictures that you include therein.
6.
Term and Termination
This
Agreement shall remain in full force and effect while you use the Site, and/or
are a Member. You may terminate your
Membership at any time, for any reason by following the instructions on the
Member account page.
7.
Links
Some
links on the Site lead to sites posted by independent site owners. Because Banded Living has no control over
these sites and there is no relationship between Banded Living and these sites,
Banded Living is not responsible for such sites' accessibility via the Internet
and does not endorse products, services, or information provided by such sites. As such, Banded Living is
not responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with, use of or reliance by
any user of other Content, goods, or services available on or through any other
site, even if user has been directed there through a link posted on Banded
Living.
8.
Limitations, Conditions and Rules Regarding Site
You agree that Banded Living may establish or change,
in its sole discretion, at any time, with or without notice to you, any
limitations, conditions or rules concerning use of the Site, including, for
example, the maximum number of messages a Member may post to the Site in any given
day, the number of days that posted messages will remain available, or the
maximum size of a permitted post.
9.
Modification and Termination of Site
Banded
Living reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part of it) or your
use of the Site, with or without notice.
You agree that Banded Living shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Site or your
use of the Site.
You
agree that Banded Living may, in its sole discretion, at any time terminate
your password, account (or any part of it) or ability to use the Site, temporarily
or permanently, and remove and discard any Content posted by you within the Site,
for any reason or for no reason. You
agree that any termination of your access to the Site may be immediate and
without prior notice. You further agree
that Banded Living shall not be liable to you or any third-party
for any termination of your use or ability to access the Site. Even after Membership is
terminated, this Agreement will remain in effect.
Specific
reasons that Banded Living may terminate your access or use, include, but are
not limited to:
a.
lack of use;
b.
violation of the
letter or the spirit of this Agreement;
c.
use in your
registration for Banded Living membership of an email account that is not your
own or that is or becomes inactive; or
d.
reproduction, distribution, republication or retransmission of any
Banded Living Content or Member Content without the prior permission of Banded
Living or such Member, as the case may be.
10.
Notice for
As
required by California Code Section 1789.3, this notice is to advise you of the
following: The Site is provided by Banded
Living, LLC,
11.
Disclaimer of Warranty, Limitation of Liability, and
Release
Banded
Living does not guarantee the accuracy of information found on the Site. Your reliance on information found on the
Site is at your own risk.
THE
SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS
IS.” BANDED LIVING MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE
RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL BANDED LIVING OR ANY
OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES
OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS
CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION,
INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED
TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST
DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM,
TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED BANDED
LIVING IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
BANDED
LIVING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON
THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. WHILE WE MAKE REASONABLE
EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT
ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE
CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE SUBJECT MATTER
THEREOF. WE UNDERTAKE NO OBLIGATION TO
VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
For
additional disclaimers regarding medical issues and liability, please see our Medical
Disclaimer, which is hereby incorporated by
reference.
Applicable
law may 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 or
exclusions may not apply to you. However,
in no event shall Banded Living’s aggregate liability to you or any third party
for damages, losses, and causes of action exceed the amount paid by you, if any,
for accessing this Site or $100, whichever is lesser. You agree to bring any and
all actions within one year from the date of the accrual of the cause of
action, and that actions brought after this date will be barred.
In
the event that you have a dispute with Banded Living, you release Banded Living
(and our officers, directors, agents, and employees) from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If you
are a California resident, you waive California Civil Code section 1542 which
says: “A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have materially
altered his settlement with the debtor.”
12.
Indemnification
You agree
to defend, indemnify and hold each of Banded Living, its parent companies, subsidiaries,
affiliates, officers, directors, employees, agents, parents and licensors, harmless
from any and all claims, demands, liabilities, losses, damages, and/or expenses,
including reasonable attorneys' and expert witness fees arising out of or
relating to the use of the Services and/or in violation of this Agreement by
you and/or any users of your Banded Living account, including, without
limitation, any breach of the representations and warranties made by you herein,
any and all claims arising from Content or other materials posted onto the
Service by you, or the infringement by you, or any other user of your account, of
any Proprietary Rights or other rights of any person or entity.
13.
Breaches of Security
Members and users must
promptly inform Banded Living of apparent breaches of security, including
without limitation loss, theft, unauthorized disclosure or use of an ID or password
or any violations of this Agreement. BANDED
LIVING ASSUMES NO LIABILITY AND EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY
THAT MIGHT ARISE IN CONNECTION WITH THE LOSS, THEFT OR UNAUTHORIZED ACCESS TO
OR DISCLOSURE OF AN ID, PASSWORD OR OTHER PERSONAL INFORMATION RELATING TO THE
USE OF THE SERVICE. You expressly assume
any and all liability in connection with actual and/or
apparent breaches of security. Notice of
actual or apparent security breaches should be immediately
provided upon discovery and can be delivered to help@bandedliving.com.
14.
Violations and Additional Terms
Banded
Living reserves the right to seek all remedies available at law and in equity
for violations of these Terms of Use, including suspending or blocking your
access to the Site. Please see our Privacy Policy for our policies regarding privacy,
which is incorporated herein by reference.
15.
Changes to this Agreement
Banded Living reserves the
right, in its sole discretion, to modify, alter, or otherwise change these Terms
of Use at any time. Please review the Terms
of Use, Privacy Policy and/or Medical Disclaimer periodically for changes. Banded Living shall have no obligation to
notify you of any such changes other than posting such modifications on the Site,
but we reserve the right, in our sole discretion, to provide you notice of such
changes to any e-mail address you have provided to us. Your continued use of the Site constitutes
your acceptance of and agreement to be bound by these
changes without limitation, qualification or change. If at any time you determine that you do not
accept these changes, you must stop using this Web site.
16.
General
a.
Waivers. No
delay or failure by Banded Living to enforce any of these Terms of Use shall
constitute a waiver of any of our rights under these Terms of Use. Neither the receipt of any funds by Banded
Living nor the reliance of any person on our actions shall be
deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an
authorized representative of Banded Living shall have any legal effect.
b.
Severability. If
any clause or provision set forth in these Terms of Use is determined to be illegal,
invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the
enforceability of all remaining clauses or provisions.
c.
Governing Law and Jurisdiction. These Terms of Service and any disputes arising under
or related to these Terms of Use and/or the Privacy Policy or the Medical
Disclaimer or to this Site will be governed by
These Terms of Use is Banded
Living’s official agreement with users of this Site. In case of any inconsistency between these Terms
of Use and its translation into another language, this English-language
document shall control.
17.
For More Information
If you have any questions
regarding our Terms of Use, please contact us by sending an email to help@bandedliving.com .