Terms of Use

These Terms of Use are applicable to your access to and use of www.ReShapeReady.com and all other websites, mobile applications, and other online services operated by ReShape Medical, Inc. (“ReShape Medical®,” “our,” “us,” or “we”) that link to or incorporate these Terms of Use (collectively, the “Online Services”).

Your access to and use of the Online Services and the information, materials, products, and services available through the Online Services are subject to these Terms of Use, regardless of whether you possess an account through the Online Services linked to your name and/or contact information (“Account”). By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Online Services.

CHANGES TO THESE TERMS OF USE

We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use to the Online Services, and if you possess an Account, by communicating the modifications to you either when you log in to the Online Services or by sending them to contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications either (i) by continuing to use or access the Online Services after modified Terms of Use are posted to the Online Services, or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) days after receiving a notice of the modifications as described above.

PRIVACY POLICY

Our privacy policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated by reference. By accepting these Terms of Use you agree to our collection, use, and disclosure of your information as described in the Privacy Policy.

Click here to view the Privacy Policy.

AUTHORIZED USE

Subject to your acceptance of and compliance with these Terms of Use, ReShape Medical grants you a non-exclusive, non-transferable, limited right to view, access, use, download, and print selected portions of the Online Services and the materials thereon for your personal use only, provided that you do not republish that content and that you keep intact all copyright, trademarks, servicemarks, attributions, patent, and other proprietary notices. Except as expressly provided in these Terms of Use or otherwise allowed by ReShape Medical, you may not use the Online Services for any commercial purpose.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Online Services use and contain proprietary and confidential technology and information owned by or licensed to ReShape Medical, and protected by applicable intellectual property and other laws and international treaties. Except for the User-Provided Content (as defined below) that you and other users provide, the content displayed on or through the Online Services, including without limitation all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively, the “Online Services Content”) is copyrighted by ReShape Medical and its licensors under United States and international copyright laws. Except as expressly provided in these Terms of Use, you agree not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Online Services Content or any other part of the Online Services, without the prior written permission of ReShape Medical. You must abide by all copyright notices, information, or restrictions contained in or attached to any Online Services Content. ReShape Medical, the ReShape Medical logo, as well as certain other of the words and logos displayed on the Online Services, constitute trademarks, trade names, or service marks (“Marks”) of ReShape Medical, Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with ReShape Medical, Inc. or those other entities.

COPYRIGHT POLICY

It is the policy of ReShape Medical, Inc. to comply with the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, ReShape Medical shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.

If you believe that any Online Services Content infringes one or more of your copyrights, please immediately notify the Copyright Agent for ReShape Medical, Inc. by means of a mailed or faxed notice (“Infringement Notice”) providing the information described below to the address or fax number listed below. If ReShape Medical takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to ReShape Medical. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure that any Online Services Content infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following (see 17 U.S.C 512(c)(3) for further detail):

  1. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
  2. An identification of the copyright claimed to have been infringed;
  3. A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit ReShape Medical to find and positively identify that content;
  4. Your name, address, telephone number, and email address; and
  5. A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and,
  6. Under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to the following:

By mail:
ReShape Medical, Inc.
100 Calle Iglesia
San Clemente, CA 92672
Attn: Online Services Content Manager

By fax:
(949) 429-6684
Attn: Online Services Content Manager

If you receive a notice from us advising that we have received an Infringement Notice with respect to any User-Provided Content you have provided, you may send us a counter notice to challenge the Infringement Notice. To be effective, the counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

ONLINE SERVICES FOR INFORMATIONAL PURPOSES ONLY

The Online Services Content, including but not limited to healthy living tips and information about medical conditions, provided by ReShape Medical through the Online Services is for informational purposes only. Online Services Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that ReShape Medical has not represented that the Online Services Content has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine.

Furthermore, the information you provide through the Online Services, including weight, activity, and dietary information, is not being submitted by ReShape Medical to a health care professional, and this information will not be subject to federal or state health privacy laws, such as the Health Insurance Portability and Accountability Act. Information you submit through the Online Services will be treated in accordance with our Privacy Policy.

Always seek the advice of a qualified health care provider if you have any questions regarding a medical condition. Do not disregard professional medical advice or delay seeking medical advice because of something you saw or read on the Online Services. If you think you may have a medical emergency, call your health care provider or 911 immediately.

YOUR PROVISION OF ACCOUNT INFORMATION TO US

When you provide information about yourself to us to create an Account, you agree to: (a) provide true, accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Online Services or any portion thereof.

USER-PROVIDED CONTENT

You understand that all information, data, photographs, or other materials that you and other users upload, post, transmit, publish, display, or otherwise make available through the Online Services (“User-Provided Content”), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Online Services, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content uploaded, posted, transmitted, published, displayed, or otherwise made available in connection with the Online Services.

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content in connection with the Online Services, you represent and warrant that:

  • you own or control all rights to such User-Provided Content;
  • all “moral rights” that you may have in such User-Provided Content have been voluntarily waived by you;
  • you have the right to grant the licenses granted under these Terms of Use;
  • all User-Provided Content that you post is accurate, does not violate these Terms of Use, will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future, and will not cause injury to any person or entity; and
  • you are at least 13 years old.

YOUR GRANT OF LICENSE TO RESHAPE MEDICAL, INC. FOR USER-PROVIDED CONTENT

By uploading, posting, transmitting, publishing, displaying, or otherwise making available any User-Provided Content, you grant ReShape Medical a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable, and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display (each of the foregoing in any form, medium, or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium, or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, such User-Provided Content or any part thereof, without compensation to you. You hereby expressly waive any and all so-called “moral rights” you may have in any User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services. Subject to the licenses you are granting hereunder, you retain all right, title, and interest, including without limitation all worldwide intellectual property rights, in and to any User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services. We shall not acquire any right, title, or interest in or to any User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services, except as provided in these Terms of Use.

As noted above, you represent and warrant that you own or otherwise control all rights in and to any User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services, and that our publication and use of such User-Provided Content will not infringe or violate the rights of any third party.

DISCRETIONARY USE OF USER-PROVIDED CONTENT BY RESHAPE MEDICAL, INC.

All User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services may be used at the sole discretion of ReShape Medical in accordance with our Privacy Policy. ReShape Medical reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Online Services in its sole discretion. ReShape Medical does not guarantee that you will have any recourse through ReShape Medical to edit or delete any User-Provided Content you have uploaded, posted, transmitted, published, displayed, or otherwise made available in connection with the Online Services.

YOUR CONDUCT

You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Online Services. In addition, you agree not to:

  • modify, adapt, translate, or reverse engineer any portion of the Online Services;
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the Online Services or in or on any Online Services Content or other material obtained via the Online Services;
  • infringe the proprietary rights, intellectual property rights, rights of publicity, or privacy rights of ReShape Medical or third parties in connection with your use of the Online Services;
  • upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services any User-Provided Content that is known by you to be false, inaccurate, or misleading;
  • upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Online Services;
  • upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials and information available through the Online Services
  • attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
  • probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services or bypass the authentication measures on the Online Services or any network connected to the Online Services;
  • use any automated means to collect information or content from or otherwise access the Online Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
  • harvest or otherwise collect and store information about other users of the Online Services, including e-mail addresses;
  • install any software, file, or code that is not authorized by the user of a computer or mobile device or that assumes control of all or any part of the processing performed by a computer or mobile device without the authorization of the user of the computer or mobile device; or
  • interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services.

LINKS TO OTHER WEBSITES AND ONLINE SERVICES

For your convenience, the Online Services may contain links to or at times redirect you to other websites and online services owned or controlled by third parties. Also, at your request, the Online Services may connect to social networking websites that are not owned or controlled by us.

These other websites and online services are not under our control, and you acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.

INFORMATION, NEWS, AND PRESS RELEASES

The Online Services may contain information about ReShape Medical, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.

REGISTRATION AND PASSWORDS

The Online Services may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Online Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Online Services through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.

OPERATION OF THE ONLINE SERVICES

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Online Services, or any portion of the Online Services, including but not limited to for your violation of these Terms of Use; (ii) modify or change the Online Services, or any portion of the Online Services, including the Online Services Content; and (iii) interrupt the regular operation of the Online Services, or any portion of the Online Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Online Services.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. THE ONLINE SERVICES, THE ONLINE SERVICES CONTENT, AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE ONLINE SERVICES, THE ONLINE SERVICES CONTENT, AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RESHAPE MEDICAL AND ITS LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ONLINE SERVICES, THE ONLINE SERVICES CONTENT, AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES; (II) REGARDING THE GOODS, SERVICES, ADVICE, INFORMATION, OR LINKS PROVIDED BY ANY THIRD PARTY; (III) THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS; (IV) THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED AND AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (V) THAT THE ONLINE SERVICES WILL BE ERROR FREE AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VI) THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESHAPE MEDICAL OR FROM YOUR USE OF THE ONLINE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL RESHAPE MEDICAL, ITS CONTRACTORS, OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE ONLINE SERVICES, OR THE ONLINE SERVICES CONTENT THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHERWISE, EVEN IF RESHAPE MEDICAL, ITS CONTRACTORS, OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH ABOVE ARE AN ESSENTIAL BASIS OF THE BARGAIN AND OF THE ALLOCATION OF RISKS BETWEEN THE PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ReShape Medical, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or related to any User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available in connection with the Online Services; your violation of these Terms of Use; your use or misuse of the Online Services; or your violation of any third-party rights.

CHOICE OF LAW AND JURISDICTION

You agree that these Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws rules of any jurisdiction, and that any dispute arising out of or relating to these Terms of Use or your access to or use of the Online Services will be subject to the exclusive jurisdiction and venue of the courts located within the State of California. You agree to the personal jurisdiction and venue of these courts. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

SEVERABILITY

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions, and the remaining provisions of these Terms of Use will remain in full force and effect.

WAIVER

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

ENTIRE AGREEMENT

These Terms of Use constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter and supersede any and all prior or contemporaneous agreements or understandings, written and oral.

CONTACT US

If you have any questions regarding these Terms of Use, please contact us at:

ReShape Medical, Incorporated
100 Calle Iglesia
San Clemente, CA 92672 USA
info@reshapemedical.com
Tel: 1-844-YES-RESHAPE
Fax: 949-429-6684

Effective Date: December 1, 2014

Results and patient experience may vary.