Terms & Conditions
July 2018 V4.0
BY CHECKING THE REQUIRED BOX PRIOR TO PLACING YOUR ORDER, YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AGREE TO BE BOUND BY THEM.
Must Cure Obesity CO. and its affiliates, subsidiaries, and parent companies (collectively, “MCO”, “us”, “Company”, “we” or “our”) hereby offer the sale of the Gastric Bypass ALTERNATIVE (“the Regimen”) to qualified individuals (“customers,” “users,” or “you”).
The Regimen has several components, all of which are described in detail further below:
- Products (Gastric Bypass EFFECT, Anti-Cravings, and any other physical good sold by MCO);
- #TheDON Bootcamp Facebook group;
- Weight Analysis; and,
- Good Faith Effort to follow the Regimen and achieve a healthy weight by individual users.
Individuals under the age of 18 are unable to purchase the Regimen and are not to use it without parental and physician supervision.
The Regimen is not intended for use by children under the age of 13.
Formation of Agreement & Acceptance
Changes to These Terms
Don Karl Juravin is the inventor of the Regimen. See gastric.care/TheDon for more information about Mr. Juravin.
The Regimen is made of:
- The Products:
- Morning Dose (Gastric Bypass EFFECT)
- Various pills
- All items/accessories included with the Products
- Your personalized Instructions based on your input
- The RULES
- gastric.care/QUIZ needed for self improvement
- Active (frequent 2 time a week posting) participation in the Facebook Group Bootcamp
- Weekly reading of The HUB
- Customer service (support) if you are struggling to maintain the Regimen or are not having optimal results with it.
We do not sell individual parts of the Regimen separately and they should not be purchased from other customers or third parties.
Good Faith Effort Agreement
The Regimen has a record of success, but only with users who give it their full commitment and devotion. It is not a drug. Being approved to purchase the Regimen only means that MCO is unaware of any reason that the Regimen should not be furnished to you (such as, for example, pre-existing medical conditions). However, approval by MCO to purchase the Regimen is not a representation or warranty that you will succeed in achieving a healthy weight; success is not guaranteed..
While you are required to follow the Instructions and Rules, you must be tuned to your body. If the Instructions and Rules conflict with your well being, stop taking the Regimen and contact your physician at once.
It is your responsibility to check with your doctor about potential conflicts the Regimen may have with your pre-existing health conditions before you purchase the Regimen.
If you intend to use our Weight Analysis, approval process, or the Regimen for any other reason than to achieve a healthy weight for yourself, you must receive our permission first. You may not buy the Regimen for the primary purpose of writing a review of it, as this will conflict with your true intention and commitment, which will interfere with your ability to achieve success with the Regimen.
By purchasing the Regimen, you are agreeing to be an active participant in your weightloss journey, to seek help and guidance from MCO if and when you struggle or are unable to follow the Regimen to the letter, and to put forth a good faith effort (as defined below) to be successful with the Regimen.
What is a “good faith effort”:
- You have contacted MCO with you questions or concerns that are not answered on this Website;
- It is your responsibility to check the ingredients and consult with your doctor to make sure you do not have any psychological or medical conditions and/or are not taking any medication that will affect your ability to take the Regimen and achieve success;
- You purchased the Regimen solely because you are committed to the months, or longer, of hard work that is needed to achieve success;
- You carefully read and understood your personalized Instructions for the Regimen and contacted MCO with any questions or concerns that you feel were not explained by the Instructions;
- You closely followed the Instructions and Rules;
- You used the Regimen precisely as instructed for at least six (6) weeks;
- You were attuned to your body and discussed any side effects or changes with your physician;
- You were an active member of #TheDON boot camp Facebook group and complied with the group rules; and
- You contacted MCO via the Hub for help if you had any difficulties with the Regimen.
Medical/Health Policy & Disclaimer
Weight-loss results will always vary for individuals on any diet or weight-loss program. Always consult your physician or healthcare professional before making any dietary changes or starting any nutrition, weight loss, or exercise program.
You agree that you are responsible for consulting with your physician and checking with him/her, to determine if you can follow all instructions before beginning any weight reduction program or nutrition plan, or using any supplement or meal replacement product, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication. The contents on our Website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.
MCO is not a medical organization; we can not, will not, and do not give you medical advice. We strongly urge you to consult with your physician (or primary health-care provider) before starting any weight loss plan. We also urge you to get periodic medical checkups.
The information made available on or through the Regimen should not be relied upon when making medical decisions. YOUR USE OF ANY ASPECT OR COMPONENT OF THE REGIMEN DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND MCO, DON JURAVIN, MCO’S MEDICAL DIRECTOR, OR ANY OTHER AGENT OF MCO. The users that provided testimonials featured on our Websites may have used more than one MCO product or extended the Regimen to achieve their maximum results.
Certain parts of the Regimen provide nutrition, food, caloric, and other related information designed to help our customers eat healthily, in order to reach their health and wellness goals. You must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions, or if you are pregnant or breastfeeding.
The ingredients of our products can be found at gastric.care/INGREDIENTS. The primary components of our weight loss products are Guar Gum, Konjac, Inulin, Beta Glucan, Xanthan Gum, Maltodextrin, Natural and Artificial Flavors, and Vitamins B-6, B-12, and C. Please discuss these ingredients with your physician or healthcare professional before purchasing the Regimen. By purchasing the Regimen you are agreeing that you have read the information contained at gastric.care/INGREDIENTS and you have verified with your doctor that you have no pre-existing conditions, allergies, or any medications with which the ingredients may interfere, exacerbate, or increase the risk of physical harm to you if ingested.
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. 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’s products have been evaluated, tested, or approved by the FDA, and MCO’s products are not intended to diagnose, treat, cure, or prevent any disease.
Disclosures About Statements, Claims, and Representations by MCO
Don Juravin is the inventor of the Regimen and the owner of MCO. He is not a doctor or medical/health professional. The statements, claims, and representations about the Regimen or any part thereof made by MCO, Don Juravin, and any agent, employee, or representative of MCO, including claims made on this website and social media, are not based on clinical studies of the Regimen or any part thereof.
MCO does not use clinical trials of the Regimen for a variety of reasons. The first such reason is that clinical trials are overseen by an Institutional Review Board (“IRB”), that usually require clinical trials to be conducted using otherwise healthy individuals. As most users of the Regimen are morbidly obese and have other medical conditions related to their obesity (such as diabetes), it is nearly impossible to find a sufficient sample population within the geographic location of the clinical trials of individuals with no significant medical conditions, other than obesity. Second, users of the Regimen are usually more committed to weight loss than participants in clinical trials, because Regimen users have invested significant time and money in the purchase and use of the Regimen. Third, several components of the Regimen, such as #TheDon Bootcamp and MCO’s Facebook group, are impossible to replicate within a clinical trial setting. Finally, it is nearly impossible to find a sufficient sample population of individuals willing to participate in a clinical trial that utilizes the “tough love” approach found in both the Regimen’s Rules, as well as MCO’s Weight Analysis tool, which are key components to achieving a healthy weight through use of the Regimen.
All statements, claims, and representations made by MCO, Don Juravin, and any agent, employee, or representative of MCO are based solely on the success stories and reports from happy and successful customers of the Regimen. The amount of weight lost by certain individuals, as disclosed on the Website, are not typical results, and your results may vary.
Assumption of Risk
You expressly acknowledge and agree that your access, use and/or involvement with any part of the Regimen may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to an unconditional release and to hold harmless MCO from and against all claims, suits, causes of action, costs, expenses, or liability arising out of or related to your access, use and/or involvement with any part the Regimen.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE REGIMEN, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE REGIMEN, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE REGIMEN WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF THE REGIMEN OR ANY PART THEREOF. YOU AGREE TO USE THE REGIMEN AT YOUR SOLE RISK.
YOU WILL NOT HOLD MCO, DON JURAVIN, MCO’S MEDICAL DIRECTOR OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE REGIMEN OR ANY PART THEREOF.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH MCO; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
MCO’s Products are customized and personalized to each individual purchaser; therefore, all sales of the Regimen, or any part thereof, are FINAL and are not eligible for returns, exchanges, changes, or alterations.
Order Cancellation Policy
We work around the clock to ship your customized and personalized order to you almost immediately after purchase; therefore, you must verify your medical permissions, financial obligations, and the level of your determination and commitment to the Regimen prior to purchase.
Once your order enters production, the cost of labor and materials are involved, as well as a schedule to be met. However, we are able to offer a limited cancellation policy. The following deadlines are strictly applied to all cancellations:
- 0-5 hours after your purchase: Order may be cancelled without any cost to you.
- 6-24 hours after your purchase: After five (5) hours we begin to prepare your order for shipment. Therefore, if you cancel your order between 6 – 24 hours after your purchase, you will pay 15% to 25% of cost of the Regimen, based on the level of production that it has gone through at the time of your cancellation. If you decide to purchase again within two (2) months, a portion of the cancellation fee may, at MCO’s sole discretion, be applied to your re-purchase.
- Over 24 hours after your purchase: Your customized and personalized order of the Regimen cannot be returned, exchanged, cancelled, or refunded.
Reward for SUCCESS
We believe in rewarding success. Therefore MCO rewards success with up to 100% money back. See “money back” section on the Site.
Product and Service Descriptions
We have taken reasonable measures to ensure that all product descriptions, prices and other information shown on our Websites are correct and fairly described. However, when ordering products or services through our Websites, please note that:
- MCO reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
- MCO reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend, or discontinue any aspect of our websites at any time in our sole and absolute discretion;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- each order is customized and packaging and contents may vary from that shown on our websites; and,
- any weights, dimensions, and capacities shown on our websites are approximate only.
MCO reserves the right to review all online orders at which point we may accept or decline any order for any reason, regardless of any confirmation receipt sent to the customer. All orders must be reviewed for pre-approval and acceptance. We review your order and online assessment to ensure that you have the highest chance to succeed with the Regimen.
We trust our customers to honor their commitments. Therefore, when purchasing the Regimen, you have the option of paying in full at the time of purchase or splitting it into separate monthly payments charged to your credit card.
If you select to pay over time, you agree that you will make each payment timely, inform us of any changes to your credit card that will affect payment, and that you will honor your commitment to pay for the Regimen you ordered.
If Payment Fails
- The first time a payment fails, we will attempt to charge your credit card/PayPal again for the next ten days at no additional charge to you.
- If after ten days the payment continues to fail, your account will go to collections and you will be charged a $28 fee per each late payment.
- We will attempt over the next 20 days to collect and if not successful, we will charge you $75 fee per each late payment and proceed to collections.
- Once your account is in collections, we will continue to attempt to charge your credit card/PayPal account for an additional 20 days and you will be charged $180 fee per each late payment.
- 50 days after the initial failed payment, we will begin legal proceedings against you, including possibly filing a case against you in Orange County, Florida. If a case is filed, in addition to the unpaid balance, including late fees, and interest of 18% on same, we will seek our damages for attorneys’ fees and costs of litigation in an amount of $1,800.00 or more.
Sharing of Information for Collections of Missed Payments
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
MCO does not provide refunds or order cancellations for non-delivered shipments.
MCO ships mainly via USPS and provides you with a tracking number via e-mail at the time of shipment. It is your responsibility to track your shipment and resolve the issue of the missing shipment with USPS.
MCO offers two choices for shipment: Signature on Delivery and No Signature (both have tracking).
- Signature on Delivery: You, or someone at your home, must sign for the package at the time it is delivered. This option includes insurance. If the package left our facility, as shown by the tracking information, but did not arrive at your location, you can contact USPS to make an insurance claim. We will not provide a refund or order cancellation. It is your responsibility to file the insurance claim with USPS.
- No Signature: USPS will leave the package at your door or mailbox. This option does not include insurance. If the package is not delivered, we will not provide a refund or order cancellation. It is your responsibility to resolve the issue with USPS.
Re-Sale, Transfer, and/or Gifting of Products Prohibited
MCO does not permit the re-sale of our Products. Selling open or partially used products is dangerous and may be a violation of state and/or federal law. You do not have permission or the right to sell, transfer, and/or gift any MCO product to any other person or entity. MCO will hold you responsible for any and all damages that may incur (including the loss of life), by your unauthorized sale of our products.
If you sell, transfer, and/or gift any MCO product to another person or entity, you agree to compensate and/or indemnify MCO, it employees, officers and directors for any and all damages that may result from your unauthorized sale.
MCO’s Reservation of Rights
MCO reserves the right to suspend or terminate your interaction with MCO or any part of the Regimen for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods, or services that we provide. If you are accessing, using and/or purchasing any part of the Regimen on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.
MCO’s Intellectual Property; Limited License to the Regimen
You acknowledge and agree that the Regimen, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by MCO or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain parts of the Regimen (such as our mobile applications) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of MCO and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with MCO’s ownership of the Regimen, and that you gain no rights, title, or interest in or to any parts of the Regimen, except as stated in these Terms or any executed written agreement between you and MCO. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of MCO or any third party.
For any part of the Regimen which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific part of the Regimen, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You are prohibited from, and expressly agree that you will not: (i) access or use the Regimen or any part thereof in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (ii) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit the Regimen or any part thereof, except as expressly authorized in these Terms or as part of the services provided to you by MCO; (iii) interfere with any person or entity’s use or enjoyment of the Regimen or any part thereof; or (iv) sell, resell, or make commercial use of the Regimen or any part thereof unless you have an executed agreement with us that expressly allows for such activity. You may not access or use the Regimen or any part thereof in violation of United States export control and economic sanctions requirements. By accessing or otherwise using the Regimen or any part thereof, you represent and warrant that: (v) your access to and use of the Regimen, or any part thereof, will comply with any and all requirements in these Terms; (vi) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (vii) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of the Regimen or any part thereof, including but not limited to our websites.
Links to Third-Party Websites
If you access any MCO website or app using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of an MCO App to operate as intended.
When accessing any the Regimen by or through an App Provider, you acknowledge and agree that:
(i) these Terms are concluded between you and MCO, and not with the App Provider, and that we are solely responsible for any parts of the Regimen (such as mobile applications), and not the App Provider;
(ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any the Regimen;
(iii) in the event of any failure of the the Regimen to conform to any applicable warranty:
(a) you may notify the App Provider and the App Provider will refund the purchase price for the the Regimen to you (if applicable);
(b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the the Regimen; and,
(c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
(iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any the Regimen or your possession and use of the the Regimen, including without limitation:
(a) product liability claims;
(b) any claim that the Regimen fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation;
(v) in the event of any third party claim that the Regimen or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
(vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the the Regimen, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and
(vii) you must also comply with all applicable third party terms of service when using the the Regimen. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
The products sold by MCO are covered by intellectual property rights, including patents. MCO defends its intellectual property rights. The absence of a patent from this list does not constitute a waiver of MCOs’ rights concerning that patent.
Trademarks and Logos
The trademarks, service marks, and logos (the “Trademarks”) displayed and used on this Site are registered and unregistered trademarks of MCO. The absence of a Trademark from this list does not constitute a waiver of MCO’s’ trademark or other intellectual property rights concerning that trademark. Fair use of MCO’s Trademarks to refer to MCO products requires obvious acknowledgement of MCO’s ownership of the Trademarks in the document or publication. Any other use of a Trademark publicly may only be undertaken with advance written permission from MCO. Nothing on our Websites should be construed as granting any license or right to use any Trademark without the written permission of MCO.
Your Content and Account
User Generated Content
You may not submit or upload User Generated Content that MCO determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our affiliates and subsidiaries, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the the Regimen, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of MCO, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by MCO. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any the Regimen and our websites.
License to Your User Generated Content
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available, and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the the Regimen and on third-party sites and platforms such as Facebook, YouTube, and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
Certain parts of the Regimen include public forums, which include without limitation, discussion forums, message boards, blogs, Facebook groups, chat rooms, or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share, or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share, or exchange by means of any public forum and for the consequences of submitting or posting same.
Part of our success rate is that we are selective in who we allow to purchase the Regimen. MCO conducts the best and most comprehensive weight analysis for potential users of the Regimen. gastric.care/WA Before we allow you to purchase the Regimen, we require that you complete and submit a Weight Analysis. The Weight Analysis is a required part of the Regimen. You must provide complete and honest answers for the Weight Analysis or it will be incomplete or inaccurate and you will not have success with the Regimen.
The information you provide for the Weight Analysis will be kept private, except we may disclose it in the following circumstances:
- If you dispute any charges from MCO with your credit card companies, we may disclose information you provided for your Weight Analysis that we are required to provide the credit card company;
- Under subpoena or court order; and/or
- In order to protect our legal rights or obligations.
Additionally, we track the activity on our website, including taking screenshots, of the people who submit information in order to better serve and customize the Regimen for each customer to improve their chance of success.
THE WEIGHT LOSS ANALYSIS IS NOT A MEDICAL EVALUATION AND IS NOT A SUBSTITUTE FOR YOU DISCUSSING YOUR USE OF THE REGIMEN WITH YOUR OWN DOCTOR.
Copyright Policy and Copyright Agent
It is MCO’s policy to respect the copyright and other intellectual property rights of others. MCO may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, MCO may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, MCO complies with the Digital Millennium Copyright Act (“DMCA”).
If you believe that content available on or through the online parts of the Regimen, or accessible via links posted on online parts of the Regimen, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online parts of the Regimen infringes your copyright, you should contact an attorney.
A Notification must include the following:
Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct Notifications via email to: email@example.com or mail to 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:
- Your name, address, and telephone number.
- A description of the material that was removed and the location on the MCO Site (e.g., the URL) where it previously appeared.
- 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.
- 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.
- Your electronic or physical signature.
You may submit this information via:
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.
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.
MCO and you agree that any controversy or claim arising out of or relating to theses terms and conditions or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one and selected by you from a list of three provided by MCO. The place of arbitration shall be Orlando, Florida. Florida law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration costs shall be evenly divided between you and MCO. You and MCO also agree that the American Arbitration Association Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
You agree to indemnify and hold MCO, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of the Regimen or any part thereof, your violation of these Terms, or your violation of any rights of a third party.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MCO OR ITS OWNERS, AGENTS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY 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 AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MCO OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE REGIMEN OR ANY PART THEREOF. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF MCO AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO MCO FOR THE REGIMEN OR ANY PART THEREOF. 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 MCO AND YOU. THE REGIMEN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. MCO WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
You agree that the laws of the state of Florida, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and MCO. As the Regimen is controlled by MCO from Florida, Florida law will apply regardless of your residence or the location where you use the Regimen.
All notices required or permitted to be given under these Terms must be in writing. MCO may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH MCO IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY MCO OF AN EMAIL TO THAT ADDRESS. You shall give any notice to MCO by means of U.S. mail, postage prepaid, to MCO, PO Box 560510, Montverde, FL 34756 Attention: Legal Department or email us: firstname.lastname@example.org Such notice to MCO shall be effective upon receipt of notice by MCO.
If any provision of these Terms, or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.
Notwithstanding anything to the contrary in these Terms, MCO reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any the Regimen, including to block or prevent your access and use of any of our websites. You agree that MCO shall not be liable for any termination of your access and/or use of our websites.
No Third Party Beneficiaries
Except as set forth in these Terms, only you and MCO may enforce these Terms; no third party shall be entitled to enforce these Terms.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Legal Officer of MCO in order to be effective.
MCO may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
Amendments; Entire Agreement
These Terms may not be amended unless in a signed writing by an executive (Vice President or above in title) of MCO. These Terms constitute the final, exclusive and complete agreement between you and MCO regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and MCO.
Attention: Legal Department
PO Box 560510
Montverde, FL 34756