DrChampion.com Terms and Conditions:

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. DrChampion.com. (“DrChampion”) provides complimentary Internet-based information and services for those interested in bariatric weight loss surgery. By using this site, you signify your agreement to these Terms and Conditions of Use. You must agree to all of these Terms and Conditions in order to use the DrChampion website legally. Please read this document carefully. If you do not agree to all of the Terms and Conditions of this agreement, do not use this site!

The Terms and Conditions of Use of the DrChampion website may be revised and updated at anytime. Please periodically review the Terms and Conditions given through DrChampion website because your continued usage of the website (“DrChampion Site,” or the “Site,”) will mean you accept those changes.

Section 1. General Disclaimer; No Medical Advice.

THE CONTENT ON THE DrChampion SITE IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR GENERAL PERSONAL EDUCATION PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH DrChampion Site OR THE INTERACTIVE AREAS VIA THE DrChampion SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT.

THE DISCUSSIONS ON THIS SITE ARE INTENDED TO BE FOR INFORMATIONAL USE AND FOR PERSONAL EDUCATION ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE OR TREATMENT. ACCURATE MEDICAL ADVICE CAN ONLY BE DONE IN PERSON, IN A PHYSICIAN’S OFFICE WITH A PHYSICAL EXAM AND SUPPORTING DOCUMENTATION.

UTILIZATION OF THIS SITE REQUIRES REGISTRATION AND UTILIZATION OF A PASSWORD. UNAUTHORIZED ENTRY WITHOUT A PASSWORD OR GIVING OUT YOUR PASSWORD WILL RESULT IN PERMANENT BLOCKAGE.

Section 2. Privacy

Questions not answered here, regarding this statement, should be directed to jkchamp@juno.com.

  1. General. DrChampion recognizes the premium placed on privacy protection on the Internet. Working together, we strive to protect your privacy, including the non-identifying information you share in the personal profile that you must complete in the registration process in order to become a participating member (“Member”) within the Interactive Areas of this Site.DrChampion does not collect personally identifiable information about Members or (“Users”) except when such individuals specifically provide such information on a voluntary basis. A Member’s or User’s access to and use of the DrChampion Site or services constitutes information voluntarily given by the Member or User.
  2. Use of Registration Information. Personally identifiable information of individual Members and Users will not be sold or otherwise transferred to unaffiliated third parties without the Member’s or User’s prior consent. DrChampion stores the Internet Protocol (IP) address of your computer when you visit our site. This information is only used to create broad demographic summaries of where our Members and Users come from. For example, we know what percentage of Members or Users come from the Americas, Europe, Africa, or Australia, but our use of the IP addresses does not include identifying who those users actually are. However, DrChampion may use registration information and other voluntarily submitted information in the following ways:
    • To provide our editors with information that is useful in developing new features and services for DrChampion Members and Users;
    • To provide advertisers with aggregate – never individual – information about our Member base and User usage patterns; and
    • To allow us to potentially vary advertising based on Member and User preference.

    DrChampion reserves the right to perform statistical analyses and profiling of Member and User behavior and characteristics in order to measure interest in and use of the various areas of the site. DrChampion will provide only aggregate data from these analyses to third parties.

    It is not possible for a Member or User to delete his or her profile from our database, nor is it feasible to delete all traces of a Member’s or User’s activity in the system. Messages posted are examples of user activities that are not feasible to delete. However, we do offer you the opportunity to request removal of your email address – the only individually identifiable piece of information about your account – from DrChampion database. DrChampion Site has a email list that updates Members. If a Member or User wishes to have your email address removed from this database, they must remove it by following the terms, conditions, rules and directions at the following URL: http://groups.yahoo.com/subscribe.cgi/DrChampion (“Yahoo! Groups”) The removal process must be done through Yahoo! Groups as DrChampion Site just manages the email list through their database and has no control over this third party entity.

  3. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, Chat Rooms, Email List and other Interactive Areas (collectively referred to as “Interactive Areas”). Subscribers and Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on the bulletin boards or chat areas of DrChampion, that information, along with any substantive information disclosed in the Subscriber’s or User’s communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of DrChampion. DrChampion makes no warranties about the discoverability of members’ identity by methods beyond our control.
  4. Cookie Technology. DrChampion site may employ cookie technology to allow Subscribers and Users to move more quickly through our site. Cookies are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the site. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. They do not come onto a user’s system nor do they pose a threat to a user’s files. Subscribers and Users should be aware that DrChampion cannot control the use of cookies by advertisers or third parties hosting data for DrChampion. However, if a Subscriber or User does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature. Please note that cookies may be necessary to provide the Subscriber or User with certain features.

Section 3. Use of Content; Copyright.

Upon acceptance of these Terms and Conditions, DrChampion authorizes you to view or download a single copy of the material on this website solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the DrChampion Site. If you have questions pertaining to this contact jkchamp@juno.com for more information.

The contents of the DrChampion Site, such as text, graphics, images and other material including software licensed by DrChampion to permit Users to access the DrChampion Site (“Content”), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, de-compiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of DrChampion, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows:

Copyright © 1998 – 2002, J. K. Champion M.D., F.A.C.S. Inc
Atlanta, GA.

http://www.drchampion.com.

All rights reserved.

For information obtained from the DrChampion site, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

Content is subject to change without notice at the editorial discretion of DrChampion. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Section 4. Company’s Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. The use of the DrChampion Site and the Content is at your own risk.

THE SITE ID INTENDED AS INFORMATIONAL AND FOR PERSONAL EDUCATION ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE OR TREATMENT. ACCURATE MEDICAL ADVICE CAN ONLY BE DONE IN PERSON, IN A PHYSICIANS OFFICE WITH A PHYSICAL EXAM AND SUPPORTING DOCUMENTATION.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE DrChampion Site, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF DrChampion AND ITS SUPPLIERS. ACCORDINGLY, DrChampion ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE DrChampion Site.

THE DrChampion SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DrChampion, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. DrChampion, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE DrChampion SITE. DrChampion, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE DrChampion SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.

IN NO EVENT SHALL DrChampion, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE DrChampion SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE DrChampion SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DrChampion IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DrChampion SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US$1000.00 (ONE THOUSAND DOLLARS). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Section 5. User Submissions.

Except as described herein, any communication which you post on the DrChampion Site or in the Chat room set-up by DrChampion is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant — or warrant that the owner of such Content has expressly granted –DrChampion a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

Section 6. Use of Interactive Areas.

DrChampion may provide Interactive Areas on DrChampion or through other means such as but not limited to IRC. If you use any Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. DrChampion does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the DrChampion. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Member agrees not to transmit through the Interactive Areas any unlawful, harassing, libelous, abusive, threatening, harmful or under the pretense to deceive other Members or DrChampion. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Member shall not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.

DrChampion may, at its sole discretion, immediately terminate Service should Member’s conduct fail to conform with these terms and conditions. DrChampion also has the right to choose allow a third party to arbitrate the situation and DrChampion has the right to choose the outcome without consulting, advising, or forewarning all parties involved.

In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions. – “Post” will in general terms imply any form of public display of comments, pictures, or any material the members may access while in Interactive Areas provide or managed under DrChampion – :

  1. Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
  2. Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, fraudulent or embarrassing to another Member, any other person, any other internet site or component of the internet or any entity as determined by DrChampion at its sole discretion pursuant to this Section 12;
  4. Post advertisements or solicitations of business;
  5. If in the case DrChampion gives a warning, which is NOT to say DrChampion gives warnings to members before they eliminate a Members privileges, then the Member continues to disrupt the normal flow of dialogue, post comments that are not related to the topic being discussed (unless it is clear the discussion is free form in which case a member must still adhere to Terms and Conditions) or re-violates the warning previously given.
  6. Post chain letters or pyramid schemes;
  7. Impersonate another person;
  8. Allow any other person or entity to use password, email or your identification, to post or view any members areas.
  9. To use multiple accounts or emails or users names or other identities without notifying DrChampion.
  10. Post the same note more than once (The online word for posting many times on one topic is “spamming.” Spamming is strictly prohibited); or
  11. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of DrChampion, exposes DrChampion or any of its customers or suppliers to any liability or detriment of any type.

DrChampion reserves the right to record the dialogue in public chat rooms. DrChampion does not screen communications in advance and is not responsible for screening or monitoring material posted by Members or any other person or entity. If notified by a Member of communication(s) which are alleged not to conform to the terms of this Section, DrChampion may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). DrChampion reserves the right to remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions In addition to the removal rights described above, DrChampion reserves the right to terminate a Member’s access to any or all Interactive Area upon Member’s breach of these Terms and Conditions. DrChampion reserves the right (but is not obligated) to edit or delete any communication(s) posted on the DrChampion Site, regardless of whether such communication(s) violate these standards for content.

Furthermore, DrChampion reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of DrChampion, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of DrChampion or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. DrChampion HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

DrChampion does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.

Through your use of a the DrChampion Site’s Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.

Section 7. Links to Other Sites.

The DrChampion Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by DrChampion of the content on such third-party websites. DrChampion is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. DrChampion is not responsible for problems incurred by the third party sites in any form. DrChampion offer no support, advice or help for any third party products or services. If you decide to access linked third-party websites, you do so at your own risk. Your use of third- party websites is subject to the Terms and Conditions of use for such sites.

Section 8. Advertisements.

The DrChampion Site might contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, DrChampion does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the DrChampion Site.

Section 9. General.

DrChampion is based in Atlanta, Georgia, in the United States of America. DrChampion makes no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the DrChampion Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Section 10. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with DrChampion, or in any way relating to your membership or use of DrChampion, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving DrChampion or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 11. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR “LEGAL NOTICE” ON THE DrChampion SITE, THESE Terms and Conditions CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND DrChampion WITH RESPECT TO THE USE OF THE DrChampion SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.

Thank you for your cooperation with these Terms and Conditions. We hope you find the DrChampion Site helpful and convenient to use! Questions or comments regarding this Site should be directed by electronic mail to jkchamp@juno.com before you agree to the DrChampion’s Term and Conditions.

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