Terms & Conditions

(Last updated: May. 01, 2007)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you expressly agree to be bound to the foregoing terms and conditions. If you do not agree to all of the Terms and Conditions of this Agreement, do NOT use this site. These Terms and Conditions may be revised and updated at any time. Please periodically review the Terms and Conditions because your continued usage of this site will mean that you accept those changes.

Terms of Use: By entering this site or the links accessible through this site, you expressly agree to be bound by this agreement. The information and the resources contained on and accessible through this site are made available by BCCI, Inc., and/or its suppliers and vendors, and are subject to your agreement to their terms and conditions.

All contents copyright © BCCI, Inc. All rights reserved: All text, images, and materials on this server and this Internet site, including the site's design, layout, and organization within the site are owned or licensed by BCCI, Inc. or its suppliers or vendors and are protected by U.S. and international copyrights. The name "Obesity Directory " and the logo are proprietary trademarks and service marks of BCCI, Inc. You have been granted a license to view and use the directory's materials subject to the terms and conditions of this Agreement. You may download and copy one copy of the Sites Materials for your own non-commercial home use, provided that you keep all copyright, service mark and other proprietary notices. You may not sell or modify the Site's materials or reproduce, display publicly or otherwise use the materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from BCCI, Inc. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.

Content: The content of the site is provided for general information only and is not intended in any way to substitute for professional medical advice. Neither the content nor any other service offered through the site is intended to be relied upon for medical diagnosis or treatment. BCCI, Inc. does NOT provide a service for answering your health questions. The information contained on the web site is "AS IS", with no written or implied warranty. Further we do not warrant, guarantee, or make any representations regarding the use, or the results of use in terms of correctness, completeness, accuracy, quality, reliability, timeliness, or otherwise, the information contained on this web site. Always seek the advice of your physician or other qualified health professional if you have any concern about your health. The information contained on the site is not sufficient or provided in order to diagnose, cure, prevent or treat any health-related symptoms or diseases. In addition, you should consult your own physician to evaluate any information received from the web site before putting it to use. Your use of this Web site indicates your agreement to be bound by the Terms of Use. If you suspect that you may have a medical problem, or you need emergency and/or crisis information you should promptly contact your health care provider or 911.

No Liability for Content: BCCI, Inc. does not assume any liability for the contents of any material provided on the site. Reliance on any information provided by BCCI, Inc., it's staff, vendors or suppliers, is solely at your own risk. BCCI, Inc. assumes no liability or responsibility for damage or injury to persons or property arising from any use of any information, idea, or instruction contained in, or any test, product, or procedure discussed on this Site. Under no circumstances shall BCCI, Inc. be liable for any direct, indirect, punitive, special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials, information and functions of the site, even if BCCI, Inc. or any authorized representative thereof has been advised of the possibility of such damages. BCCI, Inc. accepts no responsibility for other organizations, businesses and private persons that provide information or services related to this web site. Opinions expressed by authors are not necessarily those of BCCI, Inc. Reference to any commercial product, process, or service, including those of paid advertisers, does not necessarily constitute or imply its endorsement or recommendation by BCCI, Inc. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Use of Information and Resources: This Site provides complimentary Internet-based healthcare provider information to U.S. consumers. This site and or our staff will not diagnose, treat, or prescribe for anyone solely through use of the site. For the general user, BCCI, Inc. will not accept payment from you and will not bill any insurance company, government payment program or other source of health benefits for information provided on the site. This site may not be used as a supplement or alternative for health care, and is not intended and does not warrant or guarantee the quality or quantity of any services of any of the advertisers identified; further, the information provided is merely for educational purposes, and its accuracy is not guaranteed. Do not use this site as a substitute for health care. Please consult with your doctor or other health care provider regarding any health questions you may have. This site is not sponsored or maintained by doctors or licensed health care providers and may not be used for health diagnosis or treatment. Do not use this site to disregard any health advice, nor to delay seeking health advice, because of something you read or see in this site. You understand and agree that neither BCCI, Inc. nor its suppliers or vendors or linked domain names are responsible or liable for any claim, loss, or damage, of any kind, directly or indirectly resulting from your use of this site or the information, services or the resources contained on or accessible through it. BCCI, Inc. expressly disclaims any implied warranty or representation about the information or accuracy, relevance, timeliness, completeness, or appropriateness for any particular purpose of any kind. Your use of this site is also subject to all additional disclaimers and caveats that may appear throughout the site.

Links to Other Internet Sites: This site also includes links to other Internet sites created and maintained by BCCI, Inc. suppliers, or vendors. Be aware that BCCI, Inc. does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any other Internet sites. Further, the inclusion of these links is merely for your convenience and is not intended and does not reflect BCCI, Inc. opinion on the accuracy or the importance of these other sites; further, BCCI, Inc. does not endorse in any manner any of the views expressed in, or products or services offered by this or these other sites. All information in any BCCI, Inc. site, or associated or linked site, is extracted, read, used, or relied upon by you at your own risk.

Disclaimer of Warranty: BCCI, Inc. and its suppliers and vendors disclaim all express or implied representations or warranties with regard to the information, services, products, materials, and any other resources contained on or accessible through this site, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All information provided by BCCI, Inc. is made available "as is" and "as available" without warranty of any kind, or any express or implied promise, including, by way of example, its continuing availability.

Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall BCCI Inc., or its suppliers or vendors be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this site, with the delay or inability to use this site, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this site, even if advised of the possibility of such damages. With respect to products, goods, or services purchased from any entity identified, listed, named or contacted through this web site, or any links to BCCI, Inc.'s web site, in no event shall BCCI, Inc. be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages. You acknowledge and agree that the limitations set forth above are elements of this agreement, and that this site would not be provided to you absent such limitations.

Indemnification: You agree to indemnify, defend, and hold harmless BCCI, Inc. and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to your violation of this agreement or use of this site in any manner. Your use of this site shall constitute your acceptance of the terms of this Agreement, as revised and modified, if any, each and every time you access this site. BCCI, Inc. may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement.

Miscellaneous: BCCI, Inc.'s failure to insist upon strict enforcement of any provision(s) of this agreement shall not be construed as a waiver of any provision or right. This agreement and the resolution of any dispute related to this agreement or this site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles or conflicts of law. Any legal action or proceeding between BCCI, Inc. or its links, suppliers or vendors and you related to this agreement or this site shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the County of Los Angeles, California, or the Southern District of California.

Personally Identifiable Information: BCCI, Inc.'s Privacy Policy (Personally Identifiable Information). Our policy is to allow our users to anonymously access the information on this site. BCCI, Inc. does not collect, sell, or provide any personally identifiable information regarding you or other users, unless you voluntarily provide that information to us for that purpose. BCCI, Inc. does not place cookies in your browser. All information submitted to this website by Internet users becomes the property of BCCI, Inc.

HIPAA Compliant - Privacy of Your Health Information: We understand that your health information is personal to you and we are committed to protecting information about you. However, we have no control over your information once it is forwarded to a health service provider. Health service providers are required by law to comply with privacy laws such as the Health Insurance Portability and Accountability Act (HIPAA) of 1996. We do not warrant that any health information provided by you will be protected or treated in a manner complying with privacy laws including HIPAA, regulations enacted thereunder, or applicable state laws. BCCI, Inc. expressly disclaims all liability for any wrongful disclosure of your health information by any health service provider. Please do not share personal medical information that you wish to keep confidential. Information you provide is not protected under confidentiality laws that protect physician-patient communications. This website attempts to educate you on certain health topics and tries to find local health service providers that may be of value to you. The representation of any health service providers does not imply endorsement, sponsorship, or recommendation by BCCI, Inc. of these health service providers. They are private, independent practitioners and you are advised to conduct your own thorough review of the health service provider ("provider") prior to retaining or taking advice from that provider. Advice given and opinions expressed by a health service provider are those of the provider, (and not of BCCI, Inc.) BCCI, Inc. expressly disclaims all liability for any actions taken or not taken by you based upon any or all advice given or any service provided by the provider to you.

Security: BCCI, Inc. places the utmost importance on protecting information transmitted via this web site and will take security precautions to protect all such information. However, BCCI, Inc. cannot guarantee that any electronic communication is totally secure. BCCI, Inc. will take measures to secure and protect all customer-specific information from loss, misuse, and alteration. Access to this server may be monitored. The requested documents, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Any unauthorized access to this system is prohibited and is subject to criminal and civil penalties under local, state, federal and international laws.

Updates to Terms: BCCI, Inc. reserves the right to modify or amend its Terms of Use at any time, and from time to time. Any changes to the policy will be posted on this site.

Governing Law: These Terms and Conditions shall be construed, interpreted and performed exclusively according to the, excluding conflict of law rules, of the State of California, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. You agree that the courts located in the State of California will constitute the sole and exclusive forum for the resolution of any and all disputes and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto. Any cause of action or claim you have with respect to this site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, such clause or provision will be severed from this Agreement without affecting the enforceability of all remaining clauses and provisions. You acknowledge that the Terms and Conditions, including the disclaimers, in this Agreement are fair and reasonable and that your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. By continuing to use this site you acknowledge that you have reviewed and agree to all of the Terms and Conditions. This website, including all content, services, functions, materials and information made available on or accessed through it, is provided "AS IS". Your continued access or use of the web site is deemed acceptance of these terms and conditions. Unless otherwise stated, to the fullest extent permissible by law, BCCI, Inc., affiliates, employees and independent contractors (herein after "BCCI, Inc.") make no representations or warranties of any kind whatsoever for: (1) the content on the site, including without limitation, its accuracy, currency, completeness or reliability; (2) the materials and functions made accessible by the site or accessed through the site; (3) any products or services or hypertext links to sites operated by third parties; or (4) any breach of security associated with the transmission of sensitive information through the site or any linked site. Any links on this web site to web sites operated by third parties are provided exclusively for your convenience. BCCI, Inc. reserves the right to modify, suspend or discontinue any aspect of the web site, including without limitation any of the policies and conditions that govern the use of the web site, at any time, without prior notice. BCCI, Inc. may also impose limits on certain features and/or services or restrict your access to parts or all of the web site. Your continued access or use of the web site after any change in the terms shall be deemed acceptance by you of such revised terms.

(Note for reference only: the agreement below is prestented during the registration/application process and must be agreed to in order to have your healthcare practice listed in Obesity Directory.)

Listing Terms of Service Agreement

1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The Obesity Directory Listing Service ("Obesity Directory" or the "Service"), owned and operated by BCCI, Inc. ("BCCI" or "Obesity Directory"), is provided to you ("you" or "Applicant") under the terms and conditions of this Obesity Directory Terms of Service Agreement (the "Agreement").

1.2 BY COMPLETING THE LISTING REGISTRATION/APPLICATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU HAVE PROVIDED TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION/APPLICATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.3 BCCI reserves the right, in its sole discretion, to change, modify, add, or remove all or part of the Agreement at any time with or without notice. You can find this service agreement by clicking on the "terms & conditions" link.

2.0 DESCRIPTION OF OBESITY DIRECTORY LISTING SERVICE
2.1 Obesity Directory is a fee-based service that allows you to pay for the advertising of your healthcare services based on location/duration in Obesity Directory's (an online Weight Loss Surgery Provider Listing Directory) web site (the "Directory"). Inclusion in the Directory is not guaranteed. Subject to the terms below, and in BCCI’s sole discretion, if your listing application is accepted for inclusion in the Directory, then your listing’s continued inclusion in the Directory will be subject to an additional review each year to ensure compliance with the Directory’s requirements. When you submit your application, BCCI’s Directory team will review your application for compliance with minimum criteria (see section 3.0 below) and respond to your request for inclusion in the Directory. The Directory team will review your application, and respond to you within seven (7) business days (usually 24 to 48 hours) from the date that you submit your healthcare practice application for consideration (excluding holiday periods observed by BCCI and any delays due to problems processing your request). Response times are measured on BCCI’s mail servers.

2.2 If your application is accepted, you will receive an email confirming acceptance and you will be advised to login to your account and complete the registration/application process. In order for your healthcare practice information (here after referred to as “listing”) to be listed in the Directory, you must submit a valid credit card number as the final step of the registration/application process. You agree that your credit card will be charged the applicable fee based on the location(s)/duration chosen. If our third party payment processing service (PayPal) is unable to successfully charge your card or if the charge is refused, your listing will be not be published and you will be notified of the situation. Once your listing fee has been successfully paid, your listing will be made publicly viewable; you agree that each year, your listing will be subject to an additional review for minimum listing criteria. BCCI reserves the right to remove your listing from the Directory for any reason (with pro-rated refund), in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below. 

2.3 Upon submittal of your application NOTHING IN THIS AGREEMENT OBLIGATES OBESITY DIRECTORY TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR LISTING ANYWHERE ON OR IN OBESITY DIRECTORY. In the event your registration/application is approved, AND YOU INTURN SUCESSFULLY PAY THE LISTING FEE, THIS AGREEMENT OBLIGATES OBESITY DIRECTORY TO PLACE YOUR LISTING WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY.

2.4 Please note that Obesity Directory is only open to healthcare providers that DO NOT ALREADY HAVE A LISTING in the Directory. Do not submit your listing to the Obesity Directory program if your listing already appears in the Directory. If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of your practice), you must use the contact us link in the site.

2.5 YOUR REPRESENTATIONS REGARDING YOUR HEALTHCARE SERVICES
You represent and warrant that the listing you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the listing submitted for consideration comply with all applicable laws and regulations.

3.0 MINIMUM LISTING CRITERIA
3.1 All healthcare provider web sites submitted to Obesity Directory must meet the following minimum criteria (please note that having a web site is not required):

• If the listing is for a commercial web site, the official business name must be visible to any visitor to that site;
• The listing must clearly define its purpose, products, and/or services;
• If the listing is applicable to a specific geographic region, the address must be visible to any visitor to that site;
• The practice’s web site must be in the English language (or have an English version available);
• The practice’s web site must not be dedicated to directing the user to another page;
• The listing page may not give substantially different content than what the end-user sees on the practice's web site.

3.2 All bariatric surgeons that will be listed in the listing must be current members of the American Society for Metabolic & Bariatric Surgery (ASMBS).
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND OBESITY DIRECTORY, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING, OR REMOVING A SITE.

4.0 SELECTION AND LISTING OF SITES
4.1 Obesity reserves the right to decide whether and how a listing is listed in the Directory. If the Directory Team accepts your listing for inclusion in the Directory, the Directory Team will consider your preferences, but reserves the right to list your listing in any category or subcategory as Obesity deems appropriate, in its sole discretion. Obesity Directory reserves the right not to include any specific keywords, comments, or annotations with the listing in the Directory.

4.2 Obesity Directory also reserves the right, in its sole discretion, to remove your listing from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site. Please note: Obesity Directory does not accept applications for prescription drug providers. Prescription drug providers are those that sell prescription drug products, as well as sites that offer information or links related primarily to the sale of prescription drugs. Currently, Obesity Directory only accepts applications for healthcare providers that provide surgical treatment for morbid obesity.

4.3 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by Obesity Directory in writing. Obesity Directory reserves the right to withhold approval of any public announcement in its sole discretion.

5.0 FEEDBACK
5.1 Obesity Directory will contact Applicant by email describing whether the listing has been accepted or rejected. If the listing is rejected, Applicant is entitled to request one reconsideration, or appeal, of the listing by sending an email to the address provided by Obesity Directory. Obesity Directory must receive the Applicant's email within thirty days from the date that Obesity Directory transmits the rejection email to the Applicant. If the request is timely received, Obesity Directory will again review the Applicant's listing and will then notify Applicant of its final decision regarding including the listing in the Directory. If Obesity Directory reaffirms its denial of the site, no further appeals or submissions will be considered.

5.2 If Obesity Directory accepts a your listing application, Applicant is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, by sending an email to the address provided by Obesity Directory. Obesity Directory must receive the Applicant's email within thirty days from the date that Obesity transmits the acceptance email to the Applicant. If a timely request is received, Obesity Directory will again review the Applicant's listing and will then notify Applicant of its final decision regarding the site. Once a listing is included in the Directory, if Applicant makes any substantial changes to the site, Applicant must contact the Directory Team make any changes to the listing in the Directory.

6.0 TERMINATION
6.1 If you wish to terminate participation in Obesity Directory, you must send a notice to Obesity Directory as set forth in Section 11, "Notices," below. Please state that you wish to terminate your site's inclusion in Obesity Directory. Once Obesity receives such notification from you, your participation in the Obesity Directory program will cease, and your listing will be removed at the end of the allotted time paid for. If you request that your listing be removed before the end of the allotted time for which you have pre-paid the listing fee, you agree that Obesity Directory will not be required to refund any portion of such fee.

7.0 APPLICANT PRIVACY
7.1 Obesity Directory maintains information about Applicant on Obesity Directory servers, including but not limited to Applicant's registration information. Applicant agrees that Obesity Directory may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that Obesity Directory may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Obesity Directory or others; provided, however, that nothing in this section shall impose a duty on Obesity Directory to make any such disclosures.

7.2 Obesity Directory may contact Applicant by using the Applicant's email address provided during the registration/application process (or as updated by Applicant). Such email messages may contain newsletters or opportunities regarding special offers and new products from BCCI’s advertisers. (Applicant has the opportunity to opt out at the time of registration/application.)

8.0 INDEMNITY
Applicant agrees to indemnify, defend and hold harmless BCCI, Inc., and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested practice, any alleged violation of this Agreement, or any alleged violation of any rights of others. BCCI, Inc. reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.

9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
9.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9.2 BCCI, INC., AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF BCCI, INC. IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, BCCI, INC. ACCEPTANCE OR REJECTION OF A SUGGESTED HEALTHCARE PRACTICE, OR BCCI, INC.’S CONTINUED LISTING OF A LISTING IN THE DIRECTORY.

9.3 BCCI, INC.’S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO BCCI, INC. UNDER THIS AGREEMENT.

10.0 FORCE MAJEURE
10.1 BCCI, Inc. is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

11.0 NOTICES
11.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Obesity Directory, such notices shall be addressed to customersupport@clickstodoctors.com. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration/application form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Obesity Directory customer support is notified of any changes to Applicant's address as specified in this Section.

12.0 ENTIRE AGREEMENT
12.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Obesity Directory Terms & Conditions and the Obesity Directory Privacy Policy.

13.0 GENERAL
13.1 The Agreement and the relationship between Applicant and Obesity Directory are governed by the laws of the state of California, U.S.A., without regard to that state's conflict of laws rules. Applicant and Obesity Directory hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of Los Angeles or the United States District Court for the Southern District of California for the resolution of disputes arising from or in connection with this Agreement. BCCI’s failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement 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 in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of Goods does not apply to this Agreement. Applicant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of California for the County of Los Angeles or the United States District Court for the Southern District of California within one (1) calendar year after such claim or cause of action arose or be forever barred.

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

A Final Note: The Web is an evolving medium. If we need to change our privacy policy at some point in the future, we'll post the changes here. Of course, our use of information gathered while the current policy is in effect will always be consistent with the current policy, even if we change that policy later. Thanks for visiting.

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