Terms of Service
By accessing, viewing, downloading or otherwise using this software or any webpage or feature available through the DOS Academy on the Dallas Obesity Society (DOS) website, any information provided as part of this service, or any related emails, newsletters or services (hereinafter collectively “Services”), or by using the Services software to power your website, either in whole or in part, you conclude a legally binding agreement with DOS (“we”) based on the terms of this User Agreement (“Agreement”) and become a user (“User”). If you are using Services or any software hosted or managed by DOS on behalf of a company or other legal entity, you are individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT login to the Services software and do not access, view, download or otherwise use any Services product, or product of DOS.
We encourage you to read this Agreement with great care in order to participate with us in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
You may terminate this Agreement, for any or no cause, at any time, with notice to DOS, which shall be effective upon DOS processing such notice. DOS may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to DOS Academy may be terminated only by DOS or the party paying for such services. Termination of your DOS account includes disabling your access to software and services (including any content you submitted or others submitted) and may also bar you from any future use of DOS software. In furtherance and without limiting the foregoing, DOS has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. DOS may also at its sole discretion limit access to the Service and/or terminate the memberships of any users or sites who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Upon termination, software owned and maintained by DOS is not transferrable. You may not have access to databases, which control Services content or services. You are responsible for transferring all content from your account to a new service provider in the event of termination.
Severability. If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices. We may notify you via postings on dallasobesity.com and via e-mail or any other communications means to contact information you provide to us. You may also notify us via e-mail at firstname.lastname@example.org or via mail or courier to: OMA, 101 University Blvd., Ste. 330 | Denver, CO 80206. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at Dallasobesity.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
No informal waivers, agreements or representations. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by DOS shall be deemed legally binding, unless documented in a physical writing hand signed by a duly appointed officer of DOS.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially.