Privacy, Terms and Conditions Agreement
Welcome to OBHeathly, LLC internet sites operated by subsidiaries and affiliates of Obey Your Doctor ("we", "our" and "us"). This Privacy, Terms and Conditions Agreement apply to OBey Your Doctor, Eat One Half and Eat One Half Weight loss Network which are subsidiaries and/or affiliates of OBHeathly, LLC. This Privacy agreement applies to all present and future subsidiaries, affiliates, companies, agreements, publications, books, articles, programs, training materials, videos and websites connected with and/or that come under OBHeathly, LLC. These sites offer a variation of resources, membership subscriptions, products and services, which may include registered and non-registered user information, personalized content, digital images, online assessments, and communication tools, some or all of which may be accessed through a variety of means (all of which are collectively referred to as either our "Site" or our "Site(s)"). On our Site(s) there is the intent to bring attention to purposeful weight loss information. We aim to supply content related to health and fitness. Plus, the Obey Your Doctor site contains general information on a wide variety of dietary topics, and may highlight informational topics that may or may not be applicable to an individual's personal health, shall cause users and members to be cautious and mindful about personal health conditions based on their doctor’s advice. The content compiled for our Site visitors, users and members is not intended as a substitute for any advice and/or medical care provided by a physician. Also, with any adjustment to dietary intake, food or exercise regimen, our Site users need to consult a doctor before implementing any changes. If there should be a medical issue or issues a user must seek the consultation of a doctor. The Obey Your Doctor site will not be liable for any complications, injuries, loss or other medical or health problems. Our site users and members have to consult with a physician on matters relating to his or her health and wellness, especially with regard to symptoms that may require diagnosis. Any eating change or lifestyle adjustment should be undertaken under the direct supervision of a physician. Site users with questions concerning information on our Site(s) or applications for a particular medical condition or profile, or unusual medical, dietary or nutritional needs or conflicting health constrains should consult a doctor. Also, if a user or member is pregnant or nursing, she should consult her physician before embarking on any weight loss, nutrition or lifestyle program.
It is a user’s obligation to consult with his or her physician. This Obey Your Doctor site shall not be held liable or responsible for any loss or damage allegedly arising due to a consequence of a user’s application of any information available on our Site(s).
The information on our Site(s) should not be used as a substitute for professional healthcare guidance. Registered Network users and members should always seek the advice of a physician or a qualified health provider about personal healthcare questions and/or medical conditions. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site(s) or other sites.
The text, graphics, images, and other content related to health such as hints, suggestions, tips and notes displayed on our “Sites” are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Reliance on any content about medical tests, products, procedures, opinions, or other materials is solely at your own risk.
Our Sites are intended for persons 18 years of age and older, since we will not knowingly collect or accept information from individuals under this age. By accessing the Sites or using services, users have to represent and warrant their fulfillment of this age requirement. Any legal adult or guardian of a minor that visits or has membership as an underage or unauthorized Obey Your Doctor user, should contact firstname.lastname@example.org to insure any information that would identify 'said minor or minors” removal from the Obey Your Doctor site.
Information about visitors, members and customers using our Site(s) may be collected and stored. We may collect information about the user’s computer, orders, and visits to our Site(s). This may include information such as IP address, geographical location, browser type, referral source, length of visit, and type of page views. Besides, aggregated reviews of this information may occur to improve usability for marketing purposes. In terms of personal data security, measures are taken to prevent the loss, misuse, or alteration of information. Notwithstanding this statement, it is important to understand that data transmissions over the Internet may be inherently insecure. Therefore we cannot guarantee complete security of data sent over the Internet.
Information specifically collected on our Obey Your Doctor login includes user registration information intended to be viewed and shared as part of membership, goals, records, journals and digital images. The Obey Your Doctor site also collects and secures information necessary for the management of membership records, images, inquiries, and messages which may include user ID, password, preferences, categories and keywords associated with uploading digital images, as well as user name, business, mailing address, telephone number, e-mail address, payments, billing and credit/debit information.
The Obey Your Doctor site collects information provided in regards to member comments/replies, website assistance; profile displays, membership reports, service contacts and user surveys. Users and members may choose not to provide certain personal information, but this may limit the ability to register for a membership account or our ability to provide you with certain features on the Obey Your Doctor site. We will not sell, rent or share personal or identifiable information with any third party without express permission of the user.
Our Site(s) strives to apply the highest standards in gathering information for the sole purpose of providing an exceptional experience to individuals accessing entry into the Network site as a membership user. This also includes communicating and notifying a user about products and services provided by our Site(s). Registered members may have an option to indicate participation level or opt-out of selective activities provided by the Obey Your Doctor site.
To facilitate interaction between members, basic non-personal information may be accessible to other members on the Obey Your Doctor site, such as username, image, goals, dietary choices and recipes. For an unregistered visitor, our Site(s) may utilize cookies, session tracking by user IP address and browser type in coordination with interactive voting and ranking. As a non-registered member or user, use of such technology is intended to assess a visitor’s website experience and does not capture personal or identifiable information.
Our Site(s) may email users or otherwise contact a member to provide individual support or information, for example, to communicate with an individual about an account, inquiries or transactions. If a person communicates with the Site(s) by email, phone or otherwise, a record of those communications is kept. Members and users may also receive emails concerning new images, products or services. If an email recipient does not wish to receive promotional communications, follow email instructions not to be contacted. However, other emails related to nonpromotional communications such as those regarding personal inquiries, transactions, updates to our Site(s) or changes to policies will continue to be sent.
Our Site(s) are based and operated in the United States. If a member uses the Obey Your Doctor site in the United States or any other country, the information may be transferred and processed from the United States to other countries besides the country in which he or she lives, including countries that may not offer the same degree of protection for personal information as that offered in the United States.
Each membership account is protected by a password to maintain privacy and security. Members are urged to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of his or her password at all times. If an individual suspects that a password has been compromised, notify us and change the password immediately. There is strong encryption used to protect information on our Site(s), plus there is no storage or clear text transmittal of passwords. However, due to the possibility of hardware or software failure, unauthorized entry or use of other factors, there cannot be a full guarantee regarding absolute security of any information in our Site(s) system.
If our Site(s) are involved in a merger, acquisition, or sale of all or a portion of the Obey Your Doctor assets, the personal information of members and users may be one of the assets transferred. In this event, registered members will be notified by email of any such change of ownership or applicable privacy policies.
By becoming a registered member of our Site(s) you waive the right to serve as a representative, as a private attorney, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit filed against the Site and/or related third parties with regards to privacy or related issues. By becoming a registered member or user, you agree that any dispute over privacy related issues between you and the Site(s) which cannot be resolved by discussion or negotiation between a site member shall be heard in binding arbitration and/or mediation in New Jersey and shall not be consolidated or otherwise joined with any other lawsuit involving other registered members or users of the Obey Your Doctor site or any other website.
Our Site(s) feature publicly accessible areas such as message boards, forums, profile reports and other elements that allow members and users to post content that will be accessible by Site visitors and members. With respect to any message, data, image, text, photos, graphics, audio, video or other material users and members elect to post to publicly accessible areas of our Site(s) may retain any and all lawful rights in such content, and grant the Network site a royalty-free, perpetual, irrevocable, exclusive license to use, reproduce, modify, adapt, publish, translate, or create derivative works.
No compensation will be paid to members with respect to the posting or use of content. The Obey Your Doctor site is under no obligation to post or use any content, but it may prescreen, remove content or images at any time at its sole discretion. Users and members agree that the Network is not under any obligation of confidentiality, express or implied, with respect to accuracy or use that may cause harm or injury to any person or entity. Some portions of our Site(s) may require users to download application software in order to access services provided through our Site(s). The download content or software may be Network site property or property owned by a supplier, vendor, or licensor to our Site(s). Likewise, it may be protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in this Agreement, users are granted limited right of access for personal noncommercial use only, except as otherwise permitted.
Changes to this Agreement from time-to-time will give members and users notice by posting an amended or updated version of policies distinguished by a date of month and the year. Continued use of our Site(s) after any changes to this Agreement become effective and shall constitute a user’s consent and acceptance of updated information.
Terms and Conditions of Use
PLEASE READ TERMS BELOW CAREFULLY. By accessing or using our Site(s) in any way you are agreeing to comply with these Terms and Conditions, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Agreement"). By using the Obey Your Doctor site or our websites, you represent that you are at least 18 years old. Persons under the age of 18 may only use our Site(s) with legal parental, guardian consent, and/or physician recommendation. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental, guardian or physician approval, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth as Terms and Conditions of Use.
Whenever visitors, customers, members or users provide information on our Site(s): 1. Be sure to provide true, accurate, current and complete information and 2. Be sure to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, unacceptable pictures and/or language, the Obey Your Doctor site may without notice suspend or terminate your access to use and/or membership, and refuse any and all current or future use of our Site (or any portion thereof).
I authorize the Obey Your Doctor site to charge membership payments to my debit/credit card(s), and/or I authorize the bank to deduct any checking/savings payment(s) from my checking/savings account, according to the payment I selected for deposit into Network account named, OBHealthy, LLC.
If a membership payment has to be stored or delayed, I authorize the Obey Your Doctor site to charge any debit/credit card payments to my debit/credit card(s), and/or I authorize my bank to deduct any checking/savings payment(s) from my checking/savings account, on the payment date(s) indicated for deposit into Obey Your Doctor account named, OBHealthy, LLC. If the Obey Your Doctor site is unable to secure funds from my debit/credit card(s) or my bank for any reason, including, but not limited to, insufficient funds in my debit/credit card or bank account or insufficient or inaccurate information provided when submitting electronic payment, the Network may decline or undertake collection action, including application of fees to the extent permitted by law.
If the Obey Your Doctor account balance is less than the amount scheduled for payment on the day of payment, the scheduled payment will be reduced to match the amount of the account balance.
A late fee may be applied to my Obey Your Doctor account, if I schedule a payment to occur after the membership due date. Payment cancellation or unsuccessful payment may cause an interruption of service and/or a reactivation fee.
The Obey Your Doctor site will send an email confirmation for a one-time payment or scheduled payment(s).There is an automatic renewal for services/membership. Debit/credit card(s) from checking/savings accounts will be charged for the agreed to terms of payment, unless cancellation of the automatic renewal is requested by email.
The Obey Your Doctor site may change or modify Terms and Conditions of Use without notice other than posting amended Terms on our Site(s). The amended Terms will automatically be effective when posted on the Site. Continued use of our Site(s) after any changes in Terms shall constitute consent to such changes. The Obey Your Doctor site reserves the right to change, modify or discontinue, temporarily or permanently, our Site(s) (or any portion thereof), including any and all content contained on the Site(s), at any time without notice. In addition users and members agree that the Obey Your Doctor site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
Effective: January 2016
By using the Website on which this Policy is found, you consent to the collection, storage, use and disclosure of information as described in this Policy.
We collect personal information about users over time and across different websites when you use this website or service. We may also have third parties that collect personal information this way. When you visit this Website, we may request that you provide us with certain personally identifiable information, such as name, address, e-mail address, phone and fax number, and other information. If you are a OBHealthy member placing an order, we may request credit card or other payment information necessary to complete your order. In addition, we may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Firefox, Internet Explorer),the type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider (e.g., AT&T, Yahoo).
Use of Personal Information
We may also use personal information for internal functions such as research, data analysis, and auditing to develop OBHealthy’s products, services, and communications with members and non-members. This information may also be used if you enter into a contest, sweepstakes, or other similar promotion. We may use your personal information to administer these programs.
We may supplement information we receive online with information from other sources to assist us in evaluating and improving our Website and online products, programs, and services, to determine your preferences so that we can tailor our Website, products, programs and services to you. We do not rent or sell personal information to third parties for direct marketing purposes, except that we may provide personally identifiable information to strategic partners, agents, and contractors, and if we do, we also require them to protect this information in a manner that is consistent with this Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for us..
Use of Non-Personal Information
We use the non-personal information that we collect to improve the performance, design and content of our Websites and to enable us to personalize your Website experience. We also may use this information in the aggregate to analyze usage of our Websites, as well as to offer you products, programs, or services. The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as occupation, area code, zip code, and locale so that we can better increase our knowledge of member behavior and better our services, products, and advertising.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
If you provide us with an email address that is not listed in your member account information, we may permanently store that email address and associate it with your membership.
Certain Disclosures to Third Parties
We may disclose personally identifiable information in response to a legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of your Membership Agreement or the Membership Guide, these policies and terms, or as otherwise permitted or required by law and consistent with legal requirements. We may share your personally identifiable information with strategic partners in order to provide you with services associated with your membership or your use of this website. In addition, we may transfer information about you to a third party if we are acquired by or merged with another company.
Cookies and Other Technology
Many of our web pages use "cookies” to
enhance your experience with our Website and to assist us in providing
appropriate website experiences for consumers, Cookies are text files we place
in your computer’s browser to store your preferences. Cookies, by themselves,
do not tell us your e-mail address or other personally identifiable information
unless you choose to provide this information to us by, for example, providing
analyze our webpage flow, customize the Website and advertising, measure
identify you and maintain your logged-in status.
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
As is the common practice of most websites, we may gather some information automatically and store it in log files. This information may include things like Internet Protocol (IP) addresses, browser type and language, computer device type, internet services provider (ISP), referring and exit pages, operating system, date/time stamp, and click stream data.
This information may be used to examine and identify trends, to manage the site, to learn about user activity on the site, and to gather demographic information about our Members or visitors. OBHealthy may use this information to tailor our marketing and advertising services.
Pixel tags may be used to allow us to send email messages in a format that users can read. Pixel tags can tell us whether an email has been opened. This information could potentially be used to increase, reduce, or eliminate messages sent to Members or prospects.