Terms of Use

Introduction and Agreement to be Bound

Use of the Fat Disorders Research Society services including but not limited to the website located at www.fatdisorders.org and the mobile optimized version of that website and any other website provided by The Fat Disorders Research Society (individually and collectively, the “FDRS Website”) is subject to these Terms of Use (“Terms”).  Please read these Terms carefully before using the FDRS Website.

BY ACCESSING OR USING THE FDRS WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.

The Fat Disorders Research Society (“FDRS”) reserves the right to revise these Terms at any time at its sole discretion by posting revised Terms on the FDRS Website.  Your continued use of the FDRS Website indicates your acceptance of all terms and conditions contained in the Terms posted at the time of your use.

Unless otherwise expressly provided in these Terms, all information, material, content, and intellectual property contained on the FDRS Website including but not limited to FDRS’s trademarks, service marks, logos, and content (collectively, the “FDRS Content”) is the property of FDRS, its affiliates, and third-party licensors and is protected by applicable United States copyright and trademark law, as well as other federal, state, local, and international laws and regulations.  Use of the Content is subject to all such laws and regulations as well as these Terms.

Grant of License

FDRS grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the FDRS Website for your personal, non-commercial use only, subject to your acceptance of and compliance with these Terms.  Subject to the limitations and restrictions provided in these Terms, material contained in the FDRS Website may be downloaded, viewed, and printed for your personal and noncommercial use, provided that all trademark, copyright, and other proprietary notices appearing in such material is retained.  All other rights not expressly granted in these Terms are hereby reserved by FDRS.

Restrictions

Except as otherwise expressly authorized by these Terms, you shall not:

copy, reproduce, modify, lease, license, sell, create derivative works from, transmit, distribute, display, market, deconstruct, or reverse engineer any portion of the FDRS Content in any manner without the prior written permission of the FDRS;

engage in any unlawful, false, misleading, offensive, obscene, threatening, harassing, or abusive activities or postings on the FDRS Website;

post or share content on the FDRS Website in any way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights;

post, input, or upload to the FDRS Website any data or information containing viruses or any other computer code, or corrupt files or programs that are intended to damage, disrupt, interfere with, or destroy the performance or function of or access to the FDRS Website; or

frame or use framing techniques with respect to any FDRS Content on the FDRS Website.

Third Party Content

FDRS does not claim ownership of or responsibility for any information, materials, comments, statements, content, services, products, or other posts by you or any other third parties on the FDRS Website (“Third Party Content”).  FDRS makes no representations, warranties, or guarantees with respect to the accuracy, quality, timeliness, confidentiality, or security of any such Third Party Content.  FDRS has no obligation to review, correct, or update any Third Party Content and FDRS is not liable for any inaccuracies or errors therein.  

FDRS cannot and does not grant you any authorizations, licenses or other permissions with respect to any Third Party Content.  If you would like to use any Third Party Content, we strongly recommend that you first contact the owner of that Third Party Content.  

By accessing the FDRS Website, you represent and warrant that you have and will have all the rights necessary for the content you post or otherwise share on the FDRS Website and that the content you post or otherwise share does not and will not violate any law.

Third Party Links

The FDRS Website may contain links to third party websites and resources (“Third Party Links”). Third Party Links are provided solely for your convenience and are not and should not be construed as endorsement by FDRS of the content, information, services, or other material contained on such Third Party Link, and FDRS makes no representation, warranties, or guarantees as to the accuracy, quality, timeliness, confidentiality, or security thereof.

DISCLAIMER

THE FDRS WEBSITE AND ALL CONTENT THEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FDRS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, COMPLETENESS, ACCURACY, AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FDRS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RESULTING FROM OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE FDRS WEBSITE AND/OR ANY OF THE CONTENT, ADVERTISING, OR OTHER MATERIALS CONTAINED ON THE FDRS WEBSITE, EVEN IF FDRS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless FDRS and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, law suits, and other actions, resulting from or arising out of the use, or inability to use, the FDRS Website and/or your violation of these Terms, including any liability, expense, cost, losses, and damages (including, without limitation, reasonable attorneys’ fees).

Privacy and Other FDRS Policies

The FDRS Privacy Policy can be found at www.fatdisorders.org/about-fdrs/privacy-policyand is incorporated into these Terms and governs the use of all data and personal information collected by FDRS by reason of your access and use of the FDRS Website.  In the event of any conflict between these Terms and the provisions contained in any other terms and conditions applicable to certain portions of the FDRS Website, the provisions of those terms and conditions shall control.

Notices of Claims of Copyright Infringement

Notices of claims of copyright infringement should made pursuant to FDRS’ Policy and Procedure for Making Claims of Copyright Infringement found at www.fatdisorders.org/about-fdrs/privacy-policy.

Governing Law

These Terms of Use and all matters and disputes arising out of the FDRS Content or Website shall be governed by and construed in accordance with the laws of the state of New York without regard to its conflicts of laws principles.

Jurisdiction and Venue

You hereby agree that any dispute, law suit, or other action arising out of the FDRS Website, any content provided on the FDRS Website, or these Terms of Use, shall be instituted and resolved exclusively in a state or federal court of competent jurisdiction located in New York County, New York.  You hereby agree to submit to the personal jurisdiction of such courts for resolution of such disputes, law suits or actions, and further agree that venue in New York County, New York is both proper and convenient.

Waivers

No waiver, expressed or implied, once or more often, by FDRS of any right or remedy it may have with respect to these Terms, nor its failure to enforce any provision of these Terms, shall constitute or be deemed a waiver of any other right or provision hereunder.

Severability

If any part of these Terms is found by a court of competent jurisdiction to be unlawful, unenforceable, or invalid, all other parts shall remain in full force and effect.

International Use

FDRS makes no claim or warranty with respect to access or use of the FDRS Website, including, without limitation, the FDRS Content, outside the United States. Any such access or use is at your own risk and you are responsible for compliance with applicable local laws and regulations.

Copyright and trademark notices

All contents of the FDRS Website are Copyright © 2014-2017 The Fat Disorders Research Society or our affiliates or suppliers, 1 Little West 12th Street.  All rights reserved.

FDRS or our affiliates or suppliers own the title, copyright, and other intellectual property rights in the services and its content.  The Fat Disorders Research Society and the names, logos, and icons of all The Fat Disorders Research Society products, software, and services may be either trademarks or registered trademarks of The Fat Disorder Research Society in the United States and/or other countries.  

The names of actual companies and products may be the trademarks of their respective owners.

Any rights not expressly granted in these Terms are reserved.