All Content is for informational purposes only. Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding obesity or any medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

In addition, when using particular host resources, you shall be subject to any posted guidelines or rules applicable to such resources, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF RESOURCES
The host currently provide users with access to a collection of content, including, various communications tools, forums, personalized content and branded programming. You also understand and agree that the host may include advertisements and that these advertisements are necessary for the host to provide the content. Unless explicitly stated otherwise, any new features that augment or enhance the current content, including the release of new host properties, shall be subject to the TOS. You understand and agree that the host is provided "AS-IS" and that host assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the resources and that access may involve third party fees (such as Internet resources provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Resources.

3. HOST PRIVACY POLICY AND CHILDREN'S PRIVACY POLICY
The Host respects and takes very seriously the privacy of its users. This statement is provided to help you learn about our privacy policy and to help you understand what information that we gather and what we do with that information.

• What Information We Collect
  In connection with your use of our sites, we collect two types of information: "Anonymous information" and "personally identifiable information."

Anonymous information refers to information we cannot tie back to a specific individual. This information, includes your IP address (which is a number assigned by your internet service provider on a session by session basis to identify your computer so that the web pages you request can be sent to you), referral data (such as the address of the last URL you visited prior to clicking through to one of our sites), and browser and platform type (such as a Netscape browser on a Macintosh platform). We use this anonymous information to tailor our sites to the needs and interests of our visitors, and to improve our site by making it more responsive to those needs and interests. Again, this anonymous information does not identify you to us personally.

Personally identifiable information is information which tells us specifically who you are, such as your name and postal address and email address. This information and other information, such as credit card number, may be required for membership, donations or use of services.

Please be advised that any personally identifiable information you choose to post on any message boards or open forums that we make available can be viewed by all visitors to the site. Do not post any information that you do not want viewed by other users. In some cases, Host may delete personal identifiable information for the website but retain it in our files. Please contact us at 1250 24th St N.W., Suite 300, Washington, DC 20037 if you want to have removed any personally identifiable information about you that has been posted by you or another.

• How We Use Personally Identifiable Information
  We will not sell or otherwise provide any of our visitors with personally identifiable information to any third party under any circumstances, unless (1) you consent to our doing so; (2) we have a need to share your information in order to provide the product or service you have requested; or (3) we must respond to a lawful subpoena, court order or other legal process.

We may edit this policy from time to time. If we make any substantial changes to it, we will endeavor to notify you by posting a prominent announcement on our pages.

• Children's Privacy Policy
  The Host's sites are general audience web sites that comply with the Children's Online Privacy Protection Act.

What this Children's Privacy Policy Covers:

In addition to our Privacy Policy, this Children's Privacy Policy provides further information and privacy protections for our users who are under the age of 13.

If we become aware that any child under 13 has provided us with personally identifiable information, we will delete the account, order or entry and the information provided. Parents or others who become aware that information has been collected on one of our sites from a child under 13 should contact and inform us at 1250 24th St. N.W., Suite 300, Washington, DC 20037, and we will delete the information and the account, order or entry in which such information was collected.

4. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Host, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the site. Host controls some content on the site and does not control other resources and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Content, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Host be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the content.

You agree to not use the content to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Host official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted the site;
5. upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Content are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Content or servers or networks connected to the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Content;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. "stalk" or otherwise harass another; or
13. collect or store personal data about other users.

You acknowledge that if you make any submission that it will not infringe or violate the rights of any party. If you do submit any information, ideas, concepts or inventions to the host, you agree such submission is non-confidential for all purposes. If you make any submission of any business, idea concept or invention to the host, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted the host a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or any form, format, or forum now known or hereafter developed.

You acknowledge that the Host and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or resources. Without limiting the foregoing Host and its designees shall have the right to remove any resource that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content or resource. In this regard, you acknowledge that you may not rely on any Content created by Host or submitted to Host, including without limitation information in the resources.

You acknowledge and agree that Host may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Host, its users and the public.

You understand that the technical processing and transmission of the resources, including resources, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. MEDICAL DISCLAIMER
The contents including text, graphics and images are for informational purposes only. The material in the resources or contained in or made available through the Host (including but not limited to information contained on message boards, in programs, or in chats) cannot replace or substitute for the services of trained professionals in the medical field. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site.

Reliance on any information provided by the host or others appearing on the site is solely at your own risk. The user understands that excessive body weight as well as underweight carry risks to health. Likewise, weight loss attempts may also cause adverse health effects both foreseeable and unforeseeable.

We do not recommend any treatment, drug, foods or supplements. We do make an effort to report on products, treatments, drugs, foods, supplements, behavioral changes and the like which are generally accepted by the scientific community, governmental agencies and other authoritative sources. However, the use of any or all such products, treatments and the like is acknowledged by the user to be highly variable in a specific individual. You should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.

The Host makes no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Host sites. Neither we nor our experts, partners, or any of their affiliates, will be liable for any direct, indirect, consequential special, exemplary or other damages that may result -- including, but not limited to, economic loss, injury, illness or death.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE RESOURCES
Host does not claim ownership of resources submitted by others or made available for inclusion on the site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the resources, you grant Host the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of the resources, including but not limited to text, photos, graphics, audio or video, you grant the host the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content solely for the purposes of providing and promoting the specific resource to which such Content was submitted or made available or to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Resources are those areas of the Host network of properties that are intended by Host to be available to the general public. By way of example, publicly accessible areas of the Resources would include a bulletin board and My Story and might include other areas, as submitted material is appropriate in other locations in the resources.

With respect to any submissions of resources for inclusion on the Host sites you agree to hold the Host harmless for any action or failure to act on any submission or request.

8. INDEMNITY
You agree to indemnify and hold Host, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Resources, your use of the Resources, your connection to the Resources, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF RESOURCES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content or resources, use of the resources, or access to the resources.

10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Host may establish general practices and limits concerning use of the content, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained the maximum number of email messages that may be sent from or received, the maximum size of any email message that may be sent from or received the maximum disk space that will be allotted on Host's servers, and the maximum number of times (and the maximum duration for which) you may access the Resources in a given period of time. You agree that Host has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Resources. You acknowledge that Host reserves the right to log-off accounts that are inactive for an extended period of time. You further acknowledge that Host reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO RESOURCES
Host reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Content (or any part thereof) with or without notice. You agree that Host shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Content.

12. TERMINATION
You agree that Host, in its sole discretion, may terminate your access or use of the Content, and remove and discard any Resources, for any reason, including, without limitation, for lack of use or if Host believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Host may also in its sole discretion and at any time discontinue providing the Resources, or any part thereof, with or without notice. You agree that any termination of your access to the Content under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Host may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Content. Further, you agree that Host shall not be liable to you or any third-party for any termination of your access to the Resources.

13. DEALINGS WITH ADVERTISERS AND PROFESSIONAL PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the resources, or with providers of services listed in the resources including payment and delivery of related goods or resources, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or provider of services listed in the resources. You agree that Host shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on the resources.

14. LINKS
The Resources may provide, or third parties may provide, links to other World Wide Web sites or other resources. Because Host has no control over such sites and resources, you acknowledge and agree that Host is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Host shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or resources available on or through any such site or resource.

15. HOST'S PROPRIETARY RIGHTS
You acknowledge and agree that the Content and any necessary software used in connection with the Content ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Resources or advertisers is protected by copyrights, trademarks, resources marks, patents or other proprietary rights and laws. Except as expressly authorized by Host or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, Resources or the Software, in whole or in part.

Host grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Resources. You agree not to access the Content by any means other than
through the interface that is provided by Host for use in accessing the Content.

16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE RESOURCES IS AT YOUR SOLE RISK. THE RESOURCES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
   
2. HOST MAKES NO WARRANTY THAT (i) THE RESOURCES WILL MEET YOUR REQUIREMENTS, (ii) THE RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RESOURCES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, RESOURCES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE RESOURCES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (vi) THE SATISFACTION O FANY GOVERNEMNT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE HOST'S SITE.
   
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
   
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOST OR THROUGH OR FROM THE RESOURCES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE RESOURCES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND RESOURCES RESULTING FROM ANY GOODS, DATA, INFORMATION OR RESOURCES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RESOURCES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RESOURCES; OR (v) ANY OTHER MATTER RELATING TO THE RESOURCES.

18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

19. COPYRIGHTS and COPYRIGHT AGENTS
The host respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Host the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   
2. a description of the copyrighted work that you claim has been infringed;
   
3. a description of where the material that you claim is infringing is located on the site;
   
4. your address, telephone number, and email address;
   
5. 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;
   
6. 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.

20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Host and govern your use of the Content, superceding any prior agreements between you and Host. You also may be subject to additional terms and conditions that may apply when you use affiliate resources, third-party content or third-party software. The TOS and the relationship between you and Host shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and Host agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia. The failure of Host to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Resources or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

21. VIOLATIONS
Please report any violations of the TOS to the Host.

Copyright © 2002 American Obesity Association and American Obesity Association Research Foundation. All rights reserved.