Terms Of Service

Table of Contents

1. Overview
2. Definitions
3. Eligibility
4. Privacy Policy
5. No Medical Advice
6. Assumption of Risk; Release
7. Online Store Terms
8. General Conditions
9. Accuracy, Completeness, and Timeliness of Information
10. Modifications to the Service and Prices
11. Products or Services
12. Accuracy of Billing and Account Information
13. Shipping and Delivery
14. Payment Terms
15. Optional Tools
16. Third-Party Links
17. User Comments, Feedback, and Other Submissions
18. Personal Information
19. Errors, Inaccuracies, and Omissions
20. Promotional Offers and Discounts
21. Prohibited Uses
22. Disclaimers, Limitation of Liability
23. Indemnification
24. Dispute Resolution
25. Severability
26. Termination
27. Entire Agreement
28. Governing Law and Jurisdiction
29. Changes to Terms of Service
30. Contact Information
31. Marketplace Sales
32. Notice and Cure Provision
33. Reporting Claims of Copyright Infringement
34. Miscellaneous
35. Accessibility
36. Subscribe and Save
37. Disclaimer
38. FDA Disclaimer
39. Consent to Receive Electronic Communications from Company

1. Overview

BariatricEating operates this website. Throughout the site, the terms “we,” “us,” and “our” refer to BariatricEating. BariatricEating offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 24 (Dispute Resolution) for full details.

2. Definitions

As used in this agreement:

• "Service" refers to the offerings of BariatricEating, including products and services, and the website itself.
• "User" refers to any person or entity that accesses the Service.
• "Company" refers to BariatricEating.

3. Eligibility

By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and/or are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

4. Privacy Policy

Our Privacy Policy governs your submission of personal information through the store.

5. No Medical Advice

You understand and agree that nothing on the Website or provided through the Website is intended as or should be construed as medical advice. Company is not a medical organization and cannot give you medical advice or any diagnosis. You are urged and advised to seek the advice of a physician before beginning any dietary or any weight loss regimen. While the Products are generally recognized as safe for consumption, you may be pregnant, nursing, taking medication, or have a health condition that conflicts with the Products; as such, you should consult with your primary care physician before using any of the Products.

6. Assumption of Risk; Release

You knowingly and freely assume all risks when using the Website and Products. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, or other damages or harm, whether to you or to third parties, that may result from your use of the Website or Products.

7. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

8. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

9. Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

10. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

11. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

12. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy.

13. Shipping and Delivery

Shipping and delivery times we provide are estimates only and are subject to delays resulting from postal delays or force majeure for which we will not be responsible. The risk of loss and title for items purchased from us passes to you upon our delivery to the carrier. For more details on shipping, please review our Shipping Policy.

14. Payment Terms

All payments shall be made in advance via the payment methods provided at checkout. You agree to pay all charges for the orders you place with us at the prices then in effect, including all applicable taxes, fees, shipping, and handling charges. If your payment method fails or your account is past due, we may collect amounts owed using other collection mechanisms. We reserve the right to deactivate or suspend your account for any unpaid or overdue balances.

15. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

16. Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

17. User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

18. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

19. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

20. Promotional Offers and Discounts

From time to time, we may offer promotional offers and discounts. These promotions may have specific terms and conditions that will be provided at the time of the offer. We reserve the right to modify or cancel promotional offers and discounts at any time without notice. Promotional offers and discounts are non-transferable and may not be redeemed for cash or credit. Unless otherwise stated, promotional offers and discounts cannot be combined with other offers.

21. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

22. Disclaimers, Limitation of Liability

No Warranties

Company, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website or Products, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Except as expressly stated herein, neither the Company nor its licensors or suppliers warrants that the Website or Products will meet your requirements or that the operation of the Website will be uninterrupted or error-free. Company disclaims all implied liability for damages arising out of the furnishing of the Website or Products pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Company, Company Parties, or other users, or the agents or representatives of any of the foregoing.

Your Responsibility for Loss or Damage; Backup of Data

You agree that your use of the Website is at your sole risk. You will not hold Company, the Company Parties, or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall Company, the Company Parties, or its licensors or suppliers be liable to you for any claims arising from your use with the Website or Products, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Company or its licensors and suppliers arising out of or in connection with your use of the Website or Products. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Company and you. The Website and Products would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Company or between you and any of Company’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.

23. Indemnification

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless Company and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Company, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Website or Products; (iii) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (iv) your violations of Section 21 regarding prohibited uses of the Website and other prohibited conduct; or (v) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

24. Dispute Resolution

Binding Arbitration

If you and Company or any of the Company Parties (collectively referred to in this Section as “Company”) cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.

The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The arbitration shall be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org. Except as otherwise provided for in this Agreement, Company will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose according to the standards set forth in Rule 11 of the Federal Rules of Civil Procedure, then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse Company for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration hearing will take place in Albany, New York; however, to facilitate participation by remote parties, the arbitration may be conducted in person, through document submission, through telephone, or online as deemed appropriate by the arbitrator. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party within 14 days of the arbitrator’s ruling on the merits.

Restrictions Against Joinder of Claims

You and Company agree that any arbitration shall be limited to each Claim individually. You and Company agree that each may only bring claims against the other in your or Company’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action or mass-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or Company from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Company from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any court (1) that has jurisdiction over the subject matter and (2) that is located in or nearest to Albany, New York.

Venue for any Judicial Proceeding

This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Albany, New York, and shall be governed by and construed in accordance with the laws of New York without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal located in or nearest Albany, New York. The parties stipulate to and agree to waive any objection to such courts' personal jurisdiction and venue and further expressly submit to extraterritorial service of process.

26. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

27. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

28. Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York, United States.

29. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

30. Contact Information

Questions about the Terms of Service should be sent to us at legal@bariatriceating.com.

31. Marketplace Sales

You agree and represent that you buy for personal use only, not resale. You will not under any circumstances sell products purchased from bariatriceating.com to or on Amazon.com, via Amazon Vendor Central, Amazon Vendor Central Express, Fulfillment by Amazon (FBA), Fulfillment by Merchant (FBM), or in any other manner that currently exists or may hereafter be developed on the Amazon sales platform (collectively, "Amazon.com") or Walmart.com, Rakuten.com, Buy.com, eBay or any other third-party marketplace (collectively, "Third Party Marketplaces") without previous written approval from bariatriceating.com management.

32. Notice and Cure Provision

Prior to initiating arbitration or mediation, the party intending to initiate a claim must first notify the other party of the dispute in writing and allow the other party 30 days to cure the issue. If the issue cannot be resolved within this period, then the party may proceed with arbitration or mediation as outlined in these Terms of Service.

33. Reporting Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• A physical or electronic signature of a 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;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the site can be reached at legal@bariatriceating.com.

34. Miscellaneous

The failure of BariatricEating to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

35. Accessibility

We are committed to making our website accessible to everyone, including individuals with disabilities. If you are having difficulty accessing any part of our website, please contact us at legal@bariatriceating.com so that we can assist you. For more details, please review our Accessibility Policy.

36. Subscribe and Save

From time to time, BariatricEating may offer certain products and/or exclusive website and feature access via recurring Subscribe & Save plans. At the time you enroll in a Subscribe & Save plan (your “Subscription”), the specific terms of your Subscription will be communicated to you, such as (1) how much you will pay for the Subscription, (2) how often you will be charged for your Subscription (for example, monthly), and (3) how you can change or cancel your Subscription. If you chose to enroll in a Subscription, you understand and agree that, in addition to your first purchase, your credit or debit card on file will be charged for additional Subscription fees at regular intervals (e.g., once per month) without obtaining further permission or confirmation from you. In other words, Subscriptions renew automatically unless cancelled in advance of the next payment period by you. Please pay attention to the payment terms and disclosures provided during the order process for your Subscription.

Company may, in its sole discretion, send you email or SMS reminders about upcoming Subscribe & Save shipments, but you understand and agree that it is your exclusive responsibility to keep track of upcoming shipments and charges for your Subscription.

Changes and Cancellation. To view, manage, or cancel your subscription purchases, call our customer support or log in to your account and click the My Account > My Products tab, under the Subscribe & Save menu. You may also contact us at store@bariatriceating.com. All changes or cancellations must be submitted at least two (2) business days in advance of your next subscription shipment date.

Changes in Subscription Fees. It may be necessary for Company to change the fees and charges in effect, including for any Subscription, and Company reserves the right, in its sole discretion, to lower or raise your fees or switch your Subscription plan to a different package rate. Company may implement these changes without prior written notice to you. The price you are charged will always be sent to you via email order confirmation. It is your responsibility to review your Subscription periodically to ensure you are aware of any changes to the fees and charges.

37. Disclaimer

THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BARIATRICEATING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BARIATRICEATING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED.

38. FDA Disclaimer

The Food and Drug Administration has not evaluated the products and statements on this website. These products and statements are not intended to diagnose, treat, cure, or prevent any disease. Comments made within this website do not constitute medical advice and are not a substitute for advice from your physician or healthcare provider. Results may vary from person to person. You should not use any information provided here to diagnose or treat a health problem. If you suspect you have a health problem, you should consult with a qualified healthcare professional.

39. Consent to Receive Electronic Communications from Company

By registering for the Website and providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email communications. These communications will be about the Website, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication or by contacting us at legal@bariatriceating.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.