A Bariatric Journey (“A Bariatric Journey“) operates www.abariatricjourney.com and may operate other websites. It is A Bariatric Journey’s policy to respect your privacy regarding any information we may collect while operating our websites. We do comply with General Data Protection Regulation (GDPR) (EU) 2016/679.
Like most website operators, A Bariatric Journey collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. A Bariatric Journey’s purpose in collecting non-personally identifying information is to better understand how A Bariatric Journey’s visitors use its website. From time to time, A Bariatric Journey may release non-personally identifying information taken together, e.g., by publishing a report on trends in the usage of its website.
Information Collection And Use
We collect diverse types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Identifiable Information
While using our Service, we may ask you to provide us with – or gather automatically – certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information collected by A Bariatric Journey includes:
- Cookies and Usage Data
- Your computer’s IP address
- Your email address (if you’ve left a comment on the site)
We collect information about how our Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Any time you visit this website, a record of that visit is stored on this website’s servers. This data is used to identify any technical issues with the website and is stored by a 3rd party for 36 months.
If you leave a comment on this website, you are required to include an email address. This email address is not displayed publicly but is available to the website administrator and stored on the website’s servers until the comment is deleted. That information is used to determine whether future comments should be automatically approved or manually reviewed by the website administrator before the comment can be published to reduce spam.
You may request that your comment and email address stored on the website’s servers be deleted at any time by contacting the administrator at this email: firstname.lastname@example.org.
Use of Data
A Bariatric Journey uses the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
A Bariatric Journey only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental authority where the data protection laws may differ from those of your authority.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Disclosure Of Data
A Bariatric Journey may disclose your Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of A Bariatric Journey
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics
- Google Webmaster Tools/Google Search Console
A Bariatric Journey may collect statistics about the behavior of visitors to its websites. A Bariatric Journey may display this information publicly or provide it to others. However, A Bariatric Journey does not disclose personally-identifying information other than as described above.
Protection of Certain Personally-Identifying Information
A Bariatric Journey discloses potentially personally identifying and personally identifying information only to those of its employees, contractors, and affiliated organizations that
- need to know that information to process it on A Bariatric Journey’s behalf or to provide services available at A Bariatric Journey’s websites, and
- that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using A Bariatric Journey’s websites, you consent to the transfer of such information to them.
A Bariatric Journey will not rent or sell potentially personally identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, A Bariatric Journey discloses potentially personally identifying and personally-identifying information only in response to a subpoena, court order, or other governmental requests, or when A Bariatric Journey believes in good faith that disclosure is reasonably necessary to protect the property or rights of A Bariatric Journey, third parties or the public at large.
If you are a registered user of the A Bariatric Journey website and have supplied your email address, A Bariatric Journey may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with A Bariatric Journey and our products.
If you send us a request (for example via email or one of our feedback mechanisms), we reserve the right to publish it to help us clarify or respond to your request or to help us support other users. A Bariatric Journey takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.
If A Bariatric Journey, or substantially all its assets, were acquired, or in the unlikely event that A Bariatric Journey goes out of business or enters bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of A Bariatric Journey may continue to use your personal information as outlined in this policy.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by A Bariatric Journey, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your www.abariatricjourney.com Account and Site.
If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog.
You must not describe or assign keywords to your blog misleadingly or unlawfully, including in a manner intended to trade on the name or reputation of others, and A Bariatric Journey may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause A Bariatric Journey liability. You must immediately notify A Bariatric Journey of any unauthorized uses of your blog, your account, or any other breaches of security.
A Bariatric Journey will not be liable for any acts or omissions by You, including any damages of any kind incurred because of such acts or omissions.
Responsibility of Contributors
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available using the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- Downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party.
- If your employer has rights to the intellectual property you create, you have either
- received permission from your employer to post or make available the Content, including but not limited to any software
- secured from your employer a waiver as to all rights in or to the Content.
- received permission from your employer to post or make available the Content, including but not limited to any software
- You have fully complied with any third-party licenses relating to the Content and have done all things necessary to successfully pass through to end users any required terms.
- The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.
- The Content is not spam, is not randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
- Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or a company other than your own; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by A Bariatric Journey or otherwise.
By submitting Content to A Bariatric Journey for inclusion on your Website, you grant A Bariatric Journey a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely to display, distribute, and promote your blog. If you delete Content, A Bariatric Journey will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, A Bariatric Journey has the right (though not the obligation) to, in A Bariatric Journey’s sole discretion:
- Refuse or remove any content that, in A Bariatric Journey’s reasonable opinion, violates any A Bariatric Journey policy or is in any way harmful or objectionable,
- Terminate or deny access to and use of the Website to any individual or entity for any reason, in A Bariatric Journey’s sole discretion. A Bariatric Journey will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal Terms of Service
General Terms of Service
By selecting a product or service, you agree to pay A Bariatric Journey the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify A Bariatric Journey before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to A Bariatric Journey in writing.
Fees & Payment Terms of Service
By signing up for a Services account you agree to pay A Bariatric Journey the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. A Bariatric Journey reserves the right to change the payment terms and fees thirty (30) days before written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to A Bariatric Journey.
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by A Bariatric Journey to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free www.abariatricjourney.com services. All support will be provided by A Bariatric Journey’s standard services practices, procedures, and policies.
Responsibility of Website Visitors
A Bariatric Journey has not reviewed, and cannot review, all the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use, or effects. By operating the Website, A Bariatric Journey does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated.
A Bariatric Journey refuses any responsibility for any harm resulting from the use by visitors of the Website, or any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which www.abariatricjourney.com links, and that link to www.abariatricjourney.com. A Bariatric Journey does not have any control over those non-A Bariatric Journey websites and web pages and is not responsible for their contents or their use.
By linking to a non-A Bariatric Journey website or webpage, A Bariatric Journey does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. A Bariatric Journey refuses any responsibility for any harm resulting from your use of non-A Bariatric Journey websites and web pages.
Copyright Infringement and DMCA Policy
As A Bariatric Journey asks others to respect their intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.abariatricjourney.com violates your copyright, you are encouraged to notify A Bariatric Journey by A Bariatric Journey’s Digital Millennium Copyright Act (“DMCA”) Policy. A Bariatric Journey will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
A Bariatric Journey will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of A Bariatric Journey or others. In the case of such termination, A Bariatric Journey will have no obligation to provide a refund of any amounts previously paid to A Bariatric Journey.
This Agreement does not transfer from A Bariatric Journey to you or any A Bariatric Journey or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with A Bariatric Journey. A Bariatric Journey, www.abariatricjourney.com, the A Bariatric Journey logo, and all other trademarks, service marks, graphics, and logos used in connection with A Bariatric Journey, or the Website are trademarks or registered trademarks of A Bariatric Journey or A Bariatric Journey’s licensors.
Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any A Bariatric Journey or third-party trademarks.
A Bariatric Journey reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
A Bariatric Journey reserves the right to display attribution links such as ‘Blog at www.abariatricjourney.com,’ theme author, and font attribution in your blog footer or toolbar.
By activating a partner product (e.g., theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that the use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
A Bariatric Journey reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
A Bariatric Journey may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
A Bariatric Journey may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.abariatricjourney.com account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by A Bariatric Journey if you materially breach this Agreement and fail to cure such breach within thirty (30) days from A Bariatric Journey’s notice to you thereof; provided that, A Bariatric Journey can terminate the Website immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. A Bariatric Journey and its suppliers and licensors hereby refuse all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither A Bariatric Journey nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your discretion and risk.
Limitation of Liability
In no event will A Bariatric Journey, or its suppliers or licensors, be liable concerning any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for:
- Any special, incidental, or consequential damages
- The cost of procurement for substitute products or services
- For interruption of use or loss or corruption of data
- For any amounts that exceed the fees paid by you to A Bariatric Journey under this agreement during the twelve (12) month period before the cause of action. A Bariatric Journey shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that:
- Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless A Bariatric Journey, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between A Bariatric Journey and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of A Bariatric Journey, or by the posting by A Bariatric Journey of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by New London, Ohio, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Huron County, Ohio, USA.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed by such Rules.
The arbitration shall take place in New London, Ohio, USA, in the ENGLISH language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the party’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by its terms and conditions; A Bariatric Journey may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.