Terms and Conditions for Bariatric Eating

Last Updated: October 6, 2024

Version: 1.4

PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION AGREEMENT. PLEASE REVIEW IT CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. YOU WILL FOREGO JURY TRIALS, CLASS ACTIONS, AND OTHER COURT PROCEEDINGS UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE PROCEDURES DESCRIBED BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND CONSIDERED THE CONSEQUENCES OF THIS DECISION.

Table of Contents

1. Definitions

- "Services": The collective features, functionalities, websites, mobile applications, and other platforms provided by Bariatric Eating to Users.

- "User", "you", or "your": Any individual or entity who accesses or uses our Services.

- "Company": Netrition Inc. DBA Bariatric Eating.

- "Products": Any goods sold or distributed by the Company, including but not limited to nutritional supplements, fitness items, medical products, and digital content.

- "Content": All text, images, audio, video, and other materials made available through the Services.

2. Foundational Terms

2.1 Overview and Acceptance

By accessing, browsing, or using any part of our Services, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. This document forms a legally binding contract between you and Netrition Inc. DBA Bariatric Eating (“the Company,” “we,” “us,” or “our”). If you do not agree to these Terms, you must immediately stop using our Services.

These Terms also include our Privacy Policy, Return Policy, and any other legal notices we provide, which are all incorporated herein by reference. By accessing the Services, you acknowledge that you are capable of entering into legally binding contracts and agree to be bound by these Terms and any additional terms presented during purchase or participation in specific promotions or services.

2.2 Eligibility and Age Requirements

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to use our Services. By using the Services, you represent and warrant that you meet this age requirement.

2.3 Electronic Signature Compliance

You agree that your use of the Services constitutes an electronic signature and manifests your intent to be bound by these Terms, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar state laws.

2.4 Modifications to Agreement

We reserve the right to update these Terms at any time. The updated Terms will take effect upon being posted on our Services. It is your responsibility to review the Terms periodically. Your continued use of the Services after any modifications indicates your acceptance of the modified Terms. Material changes will be communicated to you by email or notification through the Services.

2.5 Severability and Waiver

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. Failure by the Company to enforce any provision of these Terms does not constitute a waiver of that provision or any other provisions.

2.6 Entire Agreement

These Terms, including all policies and documents incorporated by reference, constitute the entire agreement between you and Bariatric Eating regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

2.7 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, wars, terrorism, riots, civil unrest, government actions, labor disputes, internet or telecommunications failures, or power outages.

2.8 Assignment

The Company may assign its rights and obligations under these Terms at its discretion, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations under these Terms without our written consent.

2.9 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Albany, New York, for all disputes arising from or relating to these Terms or the Services.

3. Health and Medical Disclaimers

3.1 No Medical Advice Statement

The information and Products provided through the Services are for informational purposes only and do not constitute medical advice, diagnosis, or treatment. You should always consult your healthcare provider before changing your diet, exercise, or health routine.

3.2 FDA Disclaimers

The statements made regarding our Products have not been evaluated by the Food and Drug Administration. Our Products are not intended to diagnose, treat, cure, or prevent any disease. Always seek the advice of a healthcare provider before starting any new treatment or supplement regimen with our Products.

3.3 Health Product Warnings

Our Products are not intended for use by children, pregnant or nursing women, or individuals with any medical condition without prior consultation with a healthcare professional. Always follow product labels and warnings.

3.4 Assumption of Risk

By using our Products, you acknowledge that you assume all risks associated with their use, including any adverse effects or complications. The Company is not liable for any injuries, side effects, or other adverse outcomes resulting from using our Products.

3.5 Emergency Contact Information

If you experience an emergency related to your use of our Products, please contact your local emergency services immediately. Our Services are not designed to handle emergencies or urgent health needs.

3.6 Health Product Liability Disclaimer

The Company disclaims any liability for health complications arising from using our Products, as individual results may vary. You should consult your healthcare provider before using our Products if you have any medical concerns or questions.

3.7 Dietary Requirements and Allergies

Our Products may contain ingredients derived from common allergens, including but not limited to dairy, soy, nuts, and gluten. Please review product labels carefully, and if you have any allergies or dietary restrictions, consult with a healthcare professional before using our Products. We are not liable for any allergic reactions or adverse outcomes resulting from Product use.

3.8 Nutritional Information Disclaimer

The nutritional information provided through the Services is for informational purposes only and may not be completely accurate or up-to-date. You should not rely on such information as a substitute for professional dietary advice.

3.9 Pregnancy and Nursing Warnings

Our Products are not specifically tested for use during pregnancy or while nursing. Consult your healthcare provider before using any of our Products if you are pregnant, nursing, or planning to become pregnant.

3.10 Interaction with Medications

Some of our Products may interact with medications or other supplements. Always consult with your healthcare provider before using our Products if you are taking any prescription or over-the-counter medications. We are not responsible for any adverse effects resulting from interactions between our Products and your medications.

3.11 Weight Loss Claims Disclaimer

Our Products may assist in weight management; however, individual results may vary based on multiple factors, including genetics, lifestyle, and adherence to dietary or exercise regimens. We do not guarantee weight loss results and disclaim any responsibility for individual results or expectations.

4. Account Management

4.1 User Account Creation and Security

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials, and you accept all responsibility for any activity that occurs under your account.

4.2 Password Responsibilities

You are responsible for safeguarding your password and for any activities or actions under your account. We recommend using a strong password and changing it regularly to maintain account security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4.3 Prohibited Activities

You agree not to use the Services in a manner that: (i) violates any applicable law, regulation, or rule; (ii) infringes upon the rights of others; (iii) disrupts or interferes with the security or proper functioning of the Services; or (iv) attempts to gain unauthorized access to our systems or networks.

4.4 Account Termination and Suspension

We reserve the right to terminate or suspend your account at our discretion if we believe you have violated these Terms or engaged in any fraudulent or unlawful activity. Upon termination, your right to use the Services will cease immediately, and we may delete all information associated with your account.

4.5 User Code of Conduct

All Users must conduct themselves in a manner that promotes respect and dignity while using the Services. Harassment, abusive behavior, hate speech, discrimination, or any other offensive conduct will not be tolerated and may result in suspension or termination of your account.

5. Privacy and Data Protection

5.1 Privacy Policy Overview

Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you agree to our data practices as outlined in the Privacy Policy.

5.2 Security Measures

We implement industry-standard security measures to protect your personal information. However, no system is entirely secure, and we cannot guarantee the security of your information. By using our Services, you acknowledge and accept this risk.

5.3 Data Retention Policies

We retain your personal data for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law. Once no longer needed, your data will be securely deleted or anonymized.

6. Purchase and Product Terms

6.1 Product Descriptions and Availability

We strive to provide accurate descriptions of our Products. However, we do not warrant that the Product descriptions, pricing, availability, or other content on the Services are accurate, complete, reliable, current, or error-free. If a Product offered by the Company is not as described, your sole remedy is to return it in unused condition in accordance with our Return Policy.

6.2 Payment Terms

Payment is required at the time of purchase. We accept various payment methods, as indicated during the checkout process. If a payment is unsuccessful or declined, we reserve the right to cancel your order. You are responsible for ensuring that all payment information provided is accurate and up-to-date.

6.3 Subscription Services and Auto-Renewal

We may offer subscription services for certain Products. By subscribing, you authorize recurring charges for Products delivered at regular intervals until you cancel. Subscription details can be managed in your account settings, and you may cancel at any time in accordance with our Return Policy.

6.4 Sales Tax

We collect applicable sales tax based on the shipping destination and as required by law. The amount of sales tax charged will be displayed during the checkout process.

7. Shipping and Returns

7.1 Delivery Terms and Restrictions

We offer shipping to various locations within the United States and internationally. Delivery times are estimates only and are not guaranteed. Shipping restrictions may apply to certain destinations, and we reserve the right to refuse or cancel orders that cannot be delivered to your location.

7.2 Risk of Loss

All Products purchased are shipped FOB origin, meaning the risk of loss and title for such items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

7.3 Return Policy

If you are not satisfied with your purchase, you may return it within 30 days for a refund, subject to our Return Policy. Products must be unopened and in their original packaging to qualify for a refund.

7.4 Refund Processing

Refunds will be processed within 14 business days of receiving your return. The original payment method will be credited minus any shipping costs or restocking fees, as applicable.

8. Intellectual Property

8.1 Copyright Protection

All content provided on our Services, including text, graphics, logos, and images, is the property of Bariatric Eating or its content suppliers and is protected by U.S. and international copyright laws. Unauthorized use of our content is strictly prohibited.

8.2 Trademark Rights

"Bariatric Eating" and associated logos are trademarks of Netrition Inc. You may not use our trademarks without prior written consent.

9. Third-Party Relationships

9.1 Third-Party Tools and Services

Our Services may include links to third-party tools or services not owned or controlled by Bariatric Eating. We provide these links for your convenience but do not endorse or assume responsibility for their content or practices.

10.1 Limitation of Liability

To the maximum extent permitted by law, Bariatric Eating and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

The total liability of Bariatric Eating for any claim arising out of or related to these Terms, the Services, or Products shall not exceed the amount you paid to us in the last twelve (12) months for the use of the Services or purchase of the Products in question.

10.2 Warranty Disclaimers

All Services and Products are provided 'as is' and 'as available,' without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that Services and Products are free of viruses or other harmful components. We do not warrant that the Services will be uninterrupted, error-free, or completely secure or that any defects or errors will be corrected.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Bariatric Eating and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10.4 Mandatory Arbitration Agreement and Class Action Waiver

All disputes arising from or related to these Terms or the Services shall be resolved through binding arbitration. By agreeing to these Terms, you waive your right to a trial by jury or to participate in a class action. Arbitration will be conducted by a single arbitrator in Albany, New York, under the American Arbitration Association (AAA) rules. Each party shall be responsible for their own arbitration costs, except as required by law.

- Class Action Waiver: You agree that any arbitration shall be conducted solely on an individual basis, and you waive your right to participate in or initiate any class, collective, or representative proceeding.

- Opt-Out Option: You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to:
Bariatric Eating
25 Corporate Circle, Suite 118
Albany, NY 12203

10.5 Statute of Limitations

You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one year after such claim or cause of action arose or be forever barred.

10.6 Survival

The provisions of these Terms, which by their nature should survive termination, shall remain in force after any termination or expiration of this Agreement, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes and Communications

11.1 Modifications to Terms

We may revise these Terms at any time by updating this page. Changes will be effective immediately upon posting, and your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

11.2 User Notifications

We may provide notices to you via email, regular mail, or postings on the Services. It is your responsibility to ensure that your contact information is current. Notices will be deemed given 24 hours after being sent or posted unless otherwise required by law.

12. Community Guidelines

12.1 User Interactions

We encourage positive and respectful interactions among users of our Services. You agree not to harass, threaten, or otherwise engage in harmful, offensive, or disruptive behavior to other users.

12.2 Content Moderation

We reserve the right to moderate, review, and remove content that we determine, in our sole discretion, violates these Terms, community guidelines, or applicable law. Repeated violations may result in account suspension or termination.

13. Special Programs

13.1 Loyalty Program Terms

We may offer loyalty or rewards programs to our customers. Participation in such programs is subject to additional terms and conditions provided at the time of enrollment. Points or rewards accumulated have no cash value and cannot be transferred. We reserve the right to modify or terminate loyalty programs at any time without prior notice.

13.2 Referral Program

We may offer referral programs that allow you to earn rewards for referring new customers. Referral rewards are subject to verification and may be revoked if the referred customer does not meet the program's eligibility criteria. We reserve the right to suspend or terminate the referral program anytime.

14. Service Availability and Modifications

14.1 Service Disruptions and Maintenance

We strive to ensure the Services are always available, but we do not guarantee continuous, uninterrupted access. There may be times when the Services are unavailable due to scheduled maintenance, system upgrades, technical difficulties, or other disruptions beyond our control. We will make reasonable efforts to minimize such disruptions, but we are not liable for any damages resulting from the unavailability of Services.

14.2 Termination of Services (Company Discretion)

We reserve the right to terminate or suspend the Services or any part thereof at our sole discretion and without prior notice. If we discontinue the Services, we will notify affected users and any refunds or credits will be issued in accordance with our policies.

14.3 Effect of Termination

Upon termination of your account or access to the Services, all rights granted to you under these Terms will cease immediately. Termination does not relieve you of your obligations under these Terms, including but not limited to payment obligations, indemnification, and limitation of liability provisions, which survive the termination of these Terms.

15. DMCA Policy

15.1 DMCA Compliance

We respect the intellectual property rights of others and expect users of our Services to do the same. If you believe that content available on our Services infringes upon your copyright, please notify our designated agent as set forth below. Your notice must comply with the requirements of the Digital Millennium Copyright Act (DMCA), which include providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located on our Services;
  • Your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law;
  • A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
  • Your electronic or physical signature.

15.2 DMCA Contact Information

DMCA notices should be sent to:

Bariatric Eating
25 Corporate Circle, Suite 118
Albany, NY 12203
Email: legal@bariatriceating.com

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