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Terms of Service2023-11-17T12:33:54+00:00

TERMS OF USE

These Terms of Use apply to Rivas Medical’s (“Rivas”, “We” or “Us” or equivalent pronouns)
website
located at www.rivasweightloss.com and subdomains thereof, and
mobile
applications provided by Us
or that are otherwise authorized to obtain data from such domains and subdomains (collectively the
“Website”). Your use of the Website constitutes an agreement to these Terms of Use, Our Privacy Policy
and Our Acceptable Use Policy. We do not consent to Your use of the Website unless You have agreed to
these Terms of Use, therefore if You do not agree to these Terms of Use, immediately cease any and all
use of the Website; You do not have permission to access the Website unless You agree to these Terms
of Use, and You conform Your conduct to the terms and conditions herein.


Introduction.
Please read the following carefully before using the Website. By accessing the Website,
You acknowledge, represent, warrant and covenant that: (i) You have read and understand these Terms
of Use; (ii) You have and will access the Website and use Information made available on the Website
solely for Your own personal use, as more fully described below; and (iii) You further covenant to comply
with all applicable international, country, federal and state laws, rules and regulations with respect to
Your use of the Website.

Changes and Notice.
We may change these Terms of Use and/or Our Privacy Policy and Acceptable Use
Policy at any time by posting revisions to Our Website. Your use and continued usage after such changes
are posted constitutes acceptance of each of the revised Terms of Use and/or Privacy Policy and
Acceptable Use Policy. We encourage You to familiarize Yourself with Our policies. Our Privacy Policy
may be found at a link for “Privacy Policy” or equivalent on the Website.

Eligibility; No Access by Children.
Use of the Website is void where prohibited. The Website are
intended solely for users who are eighteen (18) years of age or older. By using the Website, You
represent and warrant that You are 18 or older and that You agree to and to abide by all of the terms
and conditions of these Terms of Use. We may terminate Your access, delete Your profile and any
content or information that You have posted on the Website and/or prohibit You from using or
accessing the Website (or any portion, aspect or feature of the Website) for any reason, or no reason, at
any time in Our sole discretion, with or without notice, including if We believe that You are under 18.


Ownership Acknowledgment.

All rights and property interests, including but not limited to patents,
copyrights, trade secrets, trademarks and other proprietary rights recognized under applicable law in or
relating to the Website and all modifications, adaptation, derivative works and enhancements thereto,
are owned exclusively by Us and/or Our licensors, and all such rights not expressly granted herein are
reserved to Us. Notwithstanding the above, We shall not acquire through this Agreement any
ownership interest in Your personal information (defined herein to be User’s email address, regular
address, phone and fax number, any payment information relating to User).


Copyrights and Limited License.

All words, pictures, content, graphs, charts, data and other matters
presented or made available on the Website sourced from Us are Our proprietary property and
copyrighted “Copyright 20__ Rivas Medical” (the “Information”). We grant You a limited,
royalty free,
non-exclusive, revocable license to make use of the Information for Your own purposes. All other rights
are expressly reserved. For the avoidance of doubt, and including by way of example and not limitation,
except to the extent necessary to make use of the Website, You are not authorized to use, and You
specifically covenant that that You will not use, the Information on the Website to: (i) provide access to
the Information to any third person, or to otherwise distribute, make available, transmit or otherwise
disseminate the Information to anyone else or to allow someone else to use the Information on the
Website; (ii) download any Information on this Website (except for Your personal, or as applicable
business, use); (iii) sell the Information downloaded (or copied in another form) for money, exchange or
other consideration; (iv) redistribute the Information for free to anyone; (v) make any more than one
print copy of the Information for Your personal (or if applicable business) use; (vi) republish the
Information; (vii) make any alterations, additions or other modifications to the Information; or (viii) use
the Information to compete, directly or indirectly, with Us.

No License to Trademarks.All trademarks, service marks, tradenames or other identifying marks
displayed in respect of the Website (the “Marks”) are owned by Us and/or Our licensors. The Website
may also contain trademarks of third parties; such marks are owned by third parties and unless
expressly stated, We are not affiliated with or associated with the owners of such third party marks, and
such marks are used on the site solely to identify the goods and services of such owners and not to
represent any affiliation with such trademark owners. Except as applicable law may otherwise provide,
or except as agreed to in writing by Us, We do not consent to any use of Our Marks by any person and
do not grant You any right to use the Marks displayed on this Website.

Misuse of the Website. You violate these Terms of Use and engage in unauthorized use of Our
computer systems when You make any use of the Website that is not in conformity to the limitations
and permitted uses above, or that violate Our Acceptable Use Policy set out below, which is
incorporated by reference.


Available Remedies.

We do not validate, error check or otherwise confirm the truth or accuracy of
Information posted on the Website; nor do We review or warrant the quality or accuracy of Information
that You may acquire from the Website. You agree not to sue or make any claim of any kind against Us
regarding Information posted or available on the Website. When We become aware of any incorrect
Information, harmful activities or if We receive any claim from a third party, in Our sole and unfettered
discretion We may take steps to stop the activity, such as removing the offending materials, denying the
offender access to the Website, removing or deleting the Your account (and preserving the related data
in case of any claim by a third party) or any other action We deem appropriate. We may be required to
remove or block access to content or postings upon receipt of a proper notice of copyright infringement,
and We may do so by disabling an entire page or record, instead of disabling solely the allegedly
infringing content. The sole and exclusive remedy for any claim against Us shall be for Us to repair,
replace or remove erroneous or illegal Information.


Advertisements.

To the extent Information on the Website include advertising, promotions, coupons, or
other sales information provided by third parties (not us), We are not responsible for errors in such
Information, and such Information does not and is not an offer to enter into a contract, but rather, is
merely a solicitation to receive offers from You. We do not vouch for, review, validate, accept
responsibility for or otherwise undertake any liability arising from, third party advertiser statements,
products, services or other actions of third parties.

Disclaimers as to Information; Limitations of Liability.

NO MEDICAL ADVICE; NO DOCTOR PATIENT RELATIONSHIP.
THE INFORMATION ON THE WEBSITE IS
NOT MEDICAL ADVICE AND MAY NOT BE RELIED ON OR USED TO DIAGNOSE, TREAT, OR OTHERWISE
PRESCRIBE A MEDICAL OR PHARMACEUTICAL PRODUCT OR SERVICE. THERE IS NO DOCTOR PATIENT
RELATIONSHIP UNTIL YOU HAVE A PERSONAL CONSULTATION WITH A DOCTOR, AND YOU AND THE DOCTOR AGREE TO PROCEED. WE
ARE NOT LIABLE FOR ANY ACTION OR INACTION YOU TAKE BASED ON
INFORMATION WE PROVIDE ON THIS WEBSITE.

FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE
INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED TO YOU “AS IS”
WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT,
ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR
ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE,
CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST
US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE
CORRECT (OR REMOVE) THE INFORMATION. IF ANY OF THE ABOVE LIMITATIONS FAIL TO APPLY, YOU
AGREE OUR MAXIMUM LIABILITY TO YOU IS $10 FOR ANY BREACH OR OTHER VIOLATION OF YOUR
RIGHTS.

Linking; No Framing. Except as contemplated solely to use the Website as intended, We do not
consent
to publicly linking any part of our Website that are protected by a login, or “framing” or displaying
any of
Our Information in connection with, inside of, in relation to, or otherwise as part of, any other website
or other information provider.

Electronic Communications.
You agree to transact business with Us using electronic communications,
either via web forms on the Website, or via email. Electronic communications will be deemed received
by You when Your email or other electronic communication system reports that any
email/communication We send You, has been received by Your system, regardless of whether You ever
actually open or read such communication. We may, but are not required, to use return receipt
requests. Unless specifically required by applicable law, You consent to receive all notices, information,
and other communications from Us concerning any subject matter, via electronic email or other
electronic communication. It is Your responsibility to maintain a valid email address and electronic
communication service addresses, and We may terminate Your access to the Website at any time that
We determine You are in violation of these Terms of Use, or fail to maintain a valid electronic
communication address.

Termination.
We may terminate Your access to the Website for any reason, or no reason, at any time in
Our sole discretion, with or without notice.

Submissions. Except when you provide specific medical information on our authorized HIPAA
electronic
form (which information is confidential), You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by You
to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to
You.

Indemnity. You agree to defend, indemnify, and hold harmless Us, Our affiliates, and Our
respective
officers, directors, employees and agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content
or other material You provide to the Website, (ii) Your use of any of Our Information or Our Marks, (iii)
Your use of the Website, (iv) Your conduct in connection with the Website or with other users of the
Website, (v) Your breach of the terms of these Terms of Use, the Acceptable Use Policy, or the Privacy
Policy, or (vi) Your violation of any applicable international, country, federal and state laws, rules and
regulations.

Arbitration. Except for solely equitable claims which may be pursued immediately and directly
in
court,
all claims by a party for breach of this Agreement that are not resolved by mutual written agreement
shall be settled by binding arbitration before a single arbitrator under the rules of the American
Arbitration Association. The location of such arbitration shall be in the State that Our principal offices
are located at the time the dispute arises, or at a location determined by the arbitrator(s). The parties
shall mutually agree on an arbitrator or if they cannot, the arbitrator shall be appointed under the rules
of the American Arbitration Association. Arbitration may be commenced by either party by giving
written notice to the other party that the dispute has been referred to arbitration under this Section.
Any award rendered by the arbitrator shall be conclusive and binding upon the parties, provided that
any such award shall be accompanied by a written opinion giving the reasons for the award. This Section
shall be specifically enforceable by the parties and the decision of the arbitrator may be filed under the
Federal Arbitration Act or any equivalent state arbitration act as an award of arbitration and shall be a
judgment of record in such court; provided however, that either party may appeal the decision of the
arbitrator as if such decision had been rendered by such court sitting without a jury, subject to all court
rules and procedures for collection and stay of judgment. Each party shall pay its own expenses of
arbitration and the expenses of the arbitrator shall be equally shared. In all cases each of the parties
IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A DEMAND A TRIAL BY JURY of any claim arising out of or
related to this Agreement or the performance or non-performance of either party.

Governing Law; Choice of Forum.
These Terms of Use and Your use of the Website shall be governed
and construed in accordance with the laws of the State of Maryland, exclusive of its conflicts of laws
principles. You consent and submit to the sole and exclusive jurisdiction and venue over any action, suit,
or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or
federal courts of the State of Maryland.

Reservation of rights. We reserve all rights not expressly granted herein. Except as set forth
in
these
Terms of Use, no express or implied license or right of any kind is granted to You regarding the Website.
Except as expressly permitted herein, You covenant not to know, use, produce, receive, reproduce,
copy, market, sell, distribute, transfer, translate, modify, adapt, disassemble, decompile or reverse
engineer the Website or any software comprised in the Website, or to create derivative works based on,
or obtain possession of any source code of, or technological material relating to, the Website or any
portion thereof and You shall not (except as expressly permitted in this Agreement) license, sublicense,
sell, resell, transfer, assign, distribute, provide as a service bureau or software-as-service or otherwise
commercially exploit or make available to any third party the Website in any way.

External tools.
When using a standard browser, you may configure the browser with certain settings,
and also some browsers have privacy plugins, that allow you to control what programs, data and
information your browser stores and sends back (“Privacy Tools”). For example, several Privacy Tools
will block advertiser cookies, prevent flash from running, block advertising tracking, and so on. Our Website do
not seek to circumvent your ability to use such Privacy Tools, however, our Website may not
function correctly if certain Privacy Tools are enabled. Due to the large number of browsers, browser
versions, plugins, versions of plugins, and operating systems, we are unable to test our site against these
Privacy Tools to determine whether it will function correctly.

Questions or comments regarding these Terms of Use should be directed to Us care of
[email protected]

ACCEPTABLE USE POLICY

ACCEPTABLE USE OF RIVAS MEDICAL WEBSITE. You agree as follows in respect of the acceptable and
unacceptable uses of the Website (as defined in the Terms of Use). You will not and agree not to:

  • a. use or attempt to use the Website for any illegal, abusive or unethical activities as determined
    by Us in Our sole discretion, which include by example and not limitation, transmission of illegal
    pornographic material, invasion of privacy, defamation, infringement of another person’s
    copyright, trade secret, patent, trademark or other intellectual property rights, hacking or
    cracking (gaining unauthorized use of a computer), distributing computer viruses or other
    malware, gambling, harassment of another or distribution of other harmful materials, code,
    programs or scripts.
  • b. send unsolicited bulk mail messages (“junk mail” or “spam”).
  • c. breach any applicable data protection statute by, for example, sending or storing personal
    information (as defined in applicable data protection statutes) in an unencrypted form.
  • d. impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email
    or TCP/IP header, or misrepresent authorization to act on behalf of others or Us. All messages
    and packets transmitted via the Internet Service should correctly identify the sender and source;
    You may not alter the attribution of origin in electronic mail messages or posting.
  • e. undermine the security or integrity of computing systems or networks or gain unauthorized
    access or control over Our computers or any other person’s computers.
  • f. permit another person to use Your resources or the Website to conduct any of the matters You
    are prohibited from doing.
  • g. distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in
    such file sharing process any of the Website may be used to distribute copyrighted materials to
    or from persons who are not authorized to receive, copy, distribute or use them.
  • h. take any action that would cause Us to violate any terms of an upstream service provider’s
    acceptable use policy.

The above list of acceptable and unacceptable uses of the Service is not intended to be exhaustive, but
rather illustrative of the range of unacceptable uses. We have the right in Our sole discretion to
determine whether any particular conduct is an acceptable use of the Website. In cases where We
determine You engaged in conduct that You reasonably believed did not violate this policy in good faith,
We will provide You electronic notice of Our determination that such conduct is not an acceptable use,
and provided You cease such conduct not later than 24 hours after such notice, You will not be
considered to be in breach of these Terms of Use.

Communications Decency Act Notice. We notify you that parental control protections (such as
computer hardware, software, or filtering services) are commercially available that may assist you in
limiting access to material that is harmful to minors. You can discover some of the providers of such
parental control technology by searching for “parental control software” using a major search engine.
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