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TERMS

TERMS | Sale Agreement | Privacy | Disclaimer

Apr 2017 V1.2

You should also read and understand the MCO’s Purchase Agreement and Privacy Policy, which are incorporated by reference into this Agreement.

Welcome to the website of Must Cure Obesity CO. (hereinafter referred to as “MCO”, we or us). When you visit this website (website or site), we want to ensure that you understand that it is subject to the terms and conditions below.  By visiting the site, you accept these Terms of Service (“Agreement” or “Terms”), which forms a binding agreement between you and MCO. You should also read and understand the MCO’s Purchase Agreement and Privacy Policy, which are incorporated by reference into this Agreement.

Prior to using the website, it is important for you to know and understand that by visiting the website, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the website is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the website.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PURCHASE AGREEMENT, PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR PURCHASE MCO PRODUCTS.

BY USING THIS WEB SITE YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR MCO’S PRODUCTS AND SERVICES.

THIS WEBSITE IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18.  MCO’S PRODUCTS ARE NOT DESIGNED FOR USE BY CHILDREN OR ANYONE UNDER THE AGE OF 18.

Apply only if:

  • You don’t have an allergy to wheat or gluten
  • You don’t have kidney issues
  • You can follow all instructions and RULES such as avoiding dairy, soda, sweets, fried or junk foods
  • You’re overweight by more than 35 lbs
  • You don’t have any drug interaction or sensitivity to any of the natural active ingredients
  • You don’t have an eating disorder or psychological disorder which may interfere with your success

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED BY MCO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCO DOES NOT WARRANT THAT THE WEBSITE OR ELECTRONIC COMMUNICATIONS SENT FROM MCO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MCO PRODUCTS, PROGRAM OR FROM ANY INFORMATION, CONTENT OR MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM THE USE OR THE INABILITY TO USE THIS WEBSITE OR ANY OTHER MATTER RELATING TO THIS WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links to Third-Party Websites

The Site contains links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.  MCO does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services.  A link to a Third-Party Site on the MCO website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Protecting Children’s Privacy

We are committed to protecting children’s privacy on the Internet and we do not knowingly collect personal information from children under the age of 18.  This site is not intended for the use by anyone 18 and under and MCO products are not intended to be used by children.

Content Ownership

MCO, Gastric Bypass Surgery Alternative, Gastric Bypass Alternative, Gastric Bypass Effect, Gastric Bypass Results, Natural Gastric Bypass, Gastric Bypass No Surgery and Anti Cravings are registered trademarks of MCO.  All of the content and products on this Website are owned by MCO. MCO claims all property rights, including intellectual property rights, to its content and no person/entity is permitted to infringe upon those rights. You agree not to copy content from this Website without MCO’s  permission. Any requests to use MCO’s content should be submitted to us by e-mail from the contact page.

Indemnification

You agree to indemnify, hold harmless and, at MCO’s option, defend it and MCO’s affiliates, officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper or unauthorized use of this Website.  

Legal Jurisdiction

These Terms and Conditions of use of the site will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in a court of competent jurisdiction that is located within Orange County, in the State of Florida. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. A printed version of these Terms, Conditions and Disclaimer and related materials will be admissible in judicial and administrative proceedings based upon or relating to these Terms, Conditions and Disclaimer to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Severability of the Terms & Conditions

If any part of these Terms and Conditions, and/or Disclaimers of use are determined by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions shall be deemed enforceable, valid and in full effect.  The remainder of these Terms and Conditions, and Disclaimers are fully enforceable and legally binding.

MEDICAL, HEALTH & FDA POLICY   

NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. Our products have not been evaluated by the Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure or prevent any disease.

Weight-loss results will always vary for individuals on any diet. Always consult your physician or healthcare professional before making any dietary changes or starting any nutrition, weight control or exercise program.  

FDA. Notice: In accordance with the Dietary Supplement Health and Education Act (DSHEA), dietary supplements and nutraceuticals do not require approval by the FDA.  For more information on the FDA please visit www.fda.gov.  In accordance with the DSHEA, you are hereby notified that none of MCO products have been evaluated, tested or approved by the FDA and MCO products are not intended to diagnose, treat, cure or prevent any disease.

Our products are manufactured in an FDA compliant facility and are categorized as a “food supplement” and can be used without a prescription. Our products contain only certified ingredients.  Our products should not be used in place of or as a substitute for recommendations by your healthcare professional. See clinical conclusions.  

Health Disclaimer

This Website provides weight loss information and is intended for educational and informational purposes only. MCO is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information on this Website should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

Security

MCO uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

Contacting MCO

Please feel free to share any comments, concerns, or complaints with us. If you have any questions about this privacy policy or the practices of this Website, please contact:

Must Cure Obesity CO.

PO Box 560510

Montverde, FL 34756

Attention: Legal Department

or email us: legal7@gastric.care

Copyright / DMCA Policy

MCO respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Site does not infringe any third party copyright.

MCO will promptly remove materials from the Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, MCO may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address (if any).
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where on the Site the material that you claim is infringing may be found, sufficient for MCO to locate the material (e.g., the URL).
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you 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.
  6. Your electronic or physical signature.

You may submit this information via:

  1. Email: legal7@gastric.care
  2. Offline: Legal Department, PO Box 560510, Montverde, FL 34756

Filing a DMCA Counter-notification to Restore Removed Content for MCO Users

If you believe that your material has been removed by mistake or misidentification, please provide MCO with a written counter-notification containing the following information:

  1. Your name, address, and telephone number.
  2. A description of the material that was removed and the location on the MCO Site (e.g., the URL) where it previously appeared.
  3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which MCO may be found (which includes the United States District Court for the Middle District of Florida), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  5. Your electronic or physical signature.

You may submit this information via:

  1. Email: legal8@gastric.care
  2. Offline: MCO Legal Department, PO Box 560510, Montverde, FL 34756

Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.

Warning

In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

MCO may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.