TERMS OF USE

This website (“Website”) is provided to you by SetPoint Health Partners, LP, a Delaware limited partnership (“SetPoint”) under the following terms of use which govern your access and use of the Website. SetPoint Health® is a registered trademark of SetPoint Health Corporation, Newton Upper Falls, Massachussetts, U.S.A

SetPoint assists clients in developing healthy lifestyle behaviors as part of their weight management efforts. SetPoint is not a healthcare provider and its services are not healthcare services.  No advice or service from SetPoint should be construed as medical advice or diagnosis and the information SetPoint provides should not be interpreted as a substitute for physician consultation, evaluation, or treatment. 

You are  advised to seek the advice of a physician before starting to use any of SetPoint’s services or products, especially if you have medical conditions such as diabetes, hypertension, or any other medical condition or medication that would be affected by diet, exercise or weight loss. 

SetPoint does not warrant any outcome or guarantee performance.

Specific terms and conditions may apply to specific content, data, materials, or information contained on or available through the Website (the “Content”) or transactions effected through the Website.   Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use. (Please see next page)
 

1.  Acceptance.  You agree to be bound by the Terms of Use and all terms and conditions contained or referenced herein by accessing or using the Website.  If you do not agree to all of these Terms of Use, please do not use or access the Website.

2.  Amendment.  These Terms of Use may be amended by SetPoint at any time with prior notice.  The amended Terms of Use shall be effective immediately upon posting.  By continuing to access or use the Website after such posting, you will be deemed to have accepted any and all such amendments.
SetPoint reserves the right to discontinue or make changes or updates with respect to the Website or the content of the Website at any time without notice.  SetPoint reserves the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3.  Privacy Policy. Personal information provided or collected through or in connection with the Website shall only be used in accordance with the SetPoint Privacy Policy which is available on the Website.  These Terms of Use are subject to the Privacy Policy.

4.  Disclaimers.  ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS”.  SETPOINT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT.  SetPoint does not warrant or make any representation that: (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error free; or (iii) the results that may be obtained from the use of the Website (including any information and materials on the Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

SetPoint shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Website or the services which make the Website available or electronic communications sent by SetPoint are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
 

5.   Limitation of Liability.  IN NO EVENT SHALL SETPOINT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, THE CONTENT, EVEN IF SETPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF SETPOINT OR ITS AGENTS.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed.  In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

6.  Registration.  In order to access certain areas of the Website and use certain functions or features of the Website you shall be required to register.  When you register, you must choose a unique id and password in addition to completing  other registration forms.  You are solely responsible for maintaining the confidentiality of your user id and password.  You are also solely responsible for restricting access to your computer(s).  You agree to accept responsibility for all activities occurring under your user id and/or password that are due to your conduct, inaction, or negligence.  If you become aware of any suspicious or unauthorized conduct concerning your user id and/or password, you agree to contact us immediately by e-mail.

7.  Third Party Content/Software.  SetPoint shall not be respons