By downloading and using this app, the following terms and conditions apply to you. Make sure that you read them carefully before using this app. This app is designed for the exclusive use of Obesity Control Center patients and Obesity Control Center personnel.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Obesity Control Center belong to Obesity Control Center; OBCT, Inc.; and CYNTAR S.C. Obesity Control Center reserves all rights in OCC app. Nothing in the Terms grants you a right or license to use any trademark, design right or copyright owned or controlled by Obesity Control Center, OBCT INC or CYNTAR S.C., or any other third party except as expressly provided in the Terms.
OCC app users open their account before leaving our facility; our personnel will grant access.
"User Content" is any content, materials or information (e.g., any text, information, photos, images, video, and other content and material, including nutritional information contributed to the Food Database) that You upload or post to, or transmit, display, perform or distribute by means of, the Services, whether in connection with Your use of Website, Application, or through the use of any Third Party Websites or Third Party Services or otherwise. You hereby grant OCC app and its officers, directors, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors, and assigns (collectively, the "Obesity Control Center Parties") a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, reformat and otherwise use User Content in connection with the operation of the Services or any other similar services or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that this license includes the right for the Obesity Control Center Parties to publish, display or otherwise use and make available your User Content and possibly your name and/or any user name of yours in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the Obesity Control Center Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the Obesity Control Center Parties under this section. You represent and warrant that, when using the Application and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE APPLICATIONS AND SERVICES. YOU BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
OCC app provides the Services for informational purposes only. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. The OCC app is not a medical professional, and the OCC app does not provide medical services or render medical advice. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND OCC APP. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU SHALL CONSULT PHYSICIANS AT THE OCC CLINIC.
In connection with your use of certain Services, you are required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
You will also be asked to provide a user name and password in connection with your use of the Services. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of any other Member at any time. You agree to notify OCC app immediately of any unauthorized use of your account, user name, or password. The OCC app shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by OCC app, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
As part of registration, members must create public profiles, which may contain certain identifying information (such as age, location, total weight loss, ethnicity, marital status, religion, etc.). In addition, members have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. The OCC app relies on its members to provide current and accurate information, and OCC app does not, and cannot, investigate information contained in member public profiles. Accordingly, OCC app must assume that information contained in each member public profile is current and accurate. OCC APP DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
OCC APP reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between members. You agree to hold OCC app harmless in connection with any dispute or claim you make against any other member.
In providing the Services, you may receive periodic email communications regarding the Services, offers and information regarding the Services, which are part of the Services and which you cannot opt out of receiving. You may also receive periodic promotions and other offers or materials OCC app believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in your account.
By finding and connecting with your friends and other members, you may receive electronic communications, including email and instant messages from other app members. You can manage the messages you receive from other members by changing the messaging preferences in your account.
The Service includes links to websites of third parties ("Third-Party Websites"), some of who may have established relationships with OCC app and some of who may not. OCC app does not have control over the content and performance of Third-Party Websites. OCC APP HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, OCC APP DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. MYFITNESSPAL DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
You will be asked to provide the OCC app certain information related to you ("Personal Information"). Personal Information includes, without limitation: (1) "Contact Data" (personally identifiable information about you, such as your name and email address, as well as your friends and contacts, if you enable access to your contacts and address book information); and (2) "Demographic Data" (personal information about You (but doesn’t specifically identify you), such as your gender, birthday, zip code, country, height, weight, lifestyle and exercise frequency); and (3) "Fitness Data" (information about your use of the Services (but doesn’t specifically identify you), such as your caloric intake, nutritional statistics, fitness activity, and weight loss/gain). The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile, providing the Website and/or Application and related services, monitoring and improving the content and usage of the Website and/or Application, interacting with the Website and/or Application and with your friends and other members, to find and connect with your friends and other members (when instructed by you), customizing the advertising and content you see, communicating with you about new features and other news, and any other purpose for which the information was collected. We may also draw upon this Personal Information in order to adapt the Website and/or Application to your needs, to research the effectiveness of our Website and/or Application, and to develop new tools for our members. You are under no obligation to provide Personal Information, however, not providing this information may prevent you from using certain features of the Services.
Information You Make Public
Certain portions of the Website and Application are open to any viewer, such as our community forums and your personal profile. Any information you post in these locations may be available and accessible to other members of the Website. In addition, the Application contains features that permit you to upload, post, transmit, display, perform or distribute content, information or other data, including Your Personal Information. Any information that you choose to disclose by means of such features becomes public information. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and you agree to assume all responsibility for doing so.