Full Disclaimer

Use of information: This website and any of the links it contains are solely for educational, informational and service and product description purposes only. Results may vary: All participants may not experience the same amount of weight loss. These statements have not been evaluated by the Food and Drug Administration. None of these This products or services are is not intended to diagnose, treat, cure, or prevent any disease. No information posted or provided on this site is intended to provide any medical service. Patients can only receive medical evaluation or treatment based upon face-to-face office visits with Tom Yarema, M.D., a physician associated with Get Your Body Back or their own physician. The educational services offered by Dr. Yarema and others on this site are intended solely to provide information about health, wellness and weight loss and are not to be mistaken as diagnosis or treatment for any health condition or as a substitute for professional guidance. Visitors with medical conditions should receive medical care provided directly by Dr. Yarema at his office or by a physician involved in your care. You should not disregard professional medical advice or delay in seeking it because of information from Dr. Yarema or this website. The purpose of Dr. Yarema’s consultations are to support weight loss participants’ efforts and to advise regarding participation in the Get Your Body Back weight loss program. Always seek the face-to-face advice of a physician or other qualified health professional before making any change in treatment or discontinuing any medications.

No Doctor Patient Relationship: Get your body back.com and Tom Yarema, M.D. provide users with online access and access to telephone consultations for weight loss information from physicians. We do not provide medical diagnosis, treatment, or prescriptions of any kind. All information provided on Get Your Body Back.com or by Dr. Yarema or in connection with any communications supported, other than for patients established by a face-to-face visit, are intended to be for general informational purposes and in support of healthy lifestyles and are in no way intended to create a physician – patient relationship. Nothing on the website or in the Get Your Body Back program is a substitute for professional medical diagnosis or treatment.

Emergencies: If you are experiencing a medical emergency, dial 911 or visit your closest Emergency Room. Do not use this website for emergency situations.

Not Responsible for Use of Information/No Warranties: Neither Get Your Body Back or Tom Yarema, M.D. nor its principals, or any individual associated with Get Your Body Back, Tom Yarema, M.D. or anyone associated with him are responsible for the misuse of the information provided or of the content of any sites accessed through links on this website. Reliance on any information provided by Get Your Body Back or its staff is solely at your own risk. We are not responsible for anything outside of Get Your Body back.com. The Content and Services may link you to other web sites or information, software, data, or other contents, on or off the Internet. These other sites or and contents are outside of our control. We do not review the contents that may be reached by such links, and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites, and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.

GetYourBodyBack.com makes no representations or warranties of any kind with respect to this site or its contents. GetYourBodyBack.com, to the fullest extent permitted by law, disclaims 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 a particular purpose. We make no warranty that our services will meet your requirements, nor do we make any warranty as to the results that may be obtained from the use of our services. No advice or information, whether oral or written, obtained from you or from us shall create any warranty not expressly made herein.

Limitation of Liability: GetYourBodyBack.com, Tom Yarema, M.D., or any individual associated with GetYourBodyBack.com or Dr. Yarema is not liable for any damages resulting from the use of the information on this site. While every attempt has been made to verify the information on this website, neither the owners, distributors, agents, publishers or their affiliates assume any responsibility or liability for any error, inaccuracies, omissions in the same, or related to results from use of these materials. No party is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this website.

To the extent permitted under applicable law, in no event will Tom Yarema, M.D., or GetYourBodyBack.com or Tom Yarema, M.D., or its officers, employees, directors, affiliates, partners, agents, advisors, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenues, profits, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the site or the GetYourBodyBack.com content, regardless of whether such damages are based on contract, tort, warranty, statute, or otherwise. If you are dissatisfied with any portion of the site, your sole and exclusive remedy is to discontinue use of the site. The aggregate liability of GetYourBodyBack.com to you for all claims arising from or related to the Site or the GetYourBodyBack.com Content is limited to the fees paid by you to GetYourBodyBack.com for services provided through the Site and the Program. Payment for meals is non-refundable. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Copyright Notice: The materials provided on this website are copyrighted and the intellectual property of GetYourBodyBack.com and/or Tom Yarema, M.D.

Your Account and Your Use of Get Your Body back.com and access to Tom Yarema, M.D.

You are responsible for your account: keep your password and real name private. Accurate and complete registration information is required to use Get Your Body back.com and Tom Yarema, M.D.. All members are encouraged to use password common sense: safeguard your log in password, pick a password that cannot be guessed by others, keep it private, and periodically change it. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. As a part of registration you will create a profile with a Public Profile Name. Like your password, if you wish to remain anonymous, use common sense: safeguard your Public Profile Name, pick a name that cannot be guessed by others, and keep it private. Do not use your real name, or the real name of any one related to you when selecting your Public Profile Name. Allowing any other person or entity to use your identity for posting on or using Get Your Body back.com and Tom Yarema, M.D. is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post on Get Your Body back.com and Tom Yarema, M.D., including questions, comments, or other submissions.

Your use must be legal and you must be an adult to use the Get Your Body back.com and Tom Yarema, M.D. Your use of Get Your Body back.com and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 18 years old to use Get Your Body back.

Notices. When you register as a member, you agree that Get Your Body back.com and Tom Yarema, M.D. may send notices to you by email at the email address you provide when you register, or a different email address that you update through your Account Settings. We have a No-Spam policy.

Privacy/Use of Your Information: We respect the privacy of your personal information, and do our part to keep it safe and secure. We only use data you share with Get Your Body back.com as stated in our Privacy Statement, your personal privacy settings, and applicable law. If you create, transmit, or display health and wellness or other information while using Get Your Body back.com and Tom Yarema, M.D., you agree to do so with information that you own or have the right to use.

Email and short message service (SMS) or text message communications from Get Your Body Back.com and Tom Yarema, M.D. are not encrypted, and this information is not secured. You can opt out of receiving email, SMS, and text messages. However unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using Get Your Body back.com you release us from any liability arising from or related to any such unauthorized access.

Termination

All of our members are required to honor this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Get Your Body back.com and the Services and/or Content at any time. This suspension or termination may delete information, files, and other previously available Content.

Changes to this Agreement

Occasionally we may update these Terms of Service. When we make changes, we will revise the “last modified” date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of Get Your Body back.com constitutes your agreement to the changed terms of service.

Indemnification

You agree to indemnify us and hold us harmless. You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of Get Your Body back.com and access to Tom Yarema, M.D. or the Content or Services; (b) your noncompliance with any of the terms and conditions hereof; and (c) any third-party actions related to or arising from your receipt or use of Get Your Body back.com and Tom Yarema, M.D. or the Content or Services, whether authorized or unauthorized under the Terms of Use.

International Members: We make no claim that Content or Services are appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to Get Your Body back.com will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Statement. If you are a non-U.S. member, you acknowledge and agree that Get Your Body back.com may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use our Content or Services. The product information provided on Get Your Body back.com is intended only for residents of the United States. Products identified on this site may have different product labeling and disclosure requirements in different countries.

You agree not to access, view, or use our Data that requires password access without our permission. You agree not to access, attempt to access, request access not authorized by Get Your Body back.com and Tom Yarema, M.D. or use any Get Your Body back.com and Tom Yarema, M.D. data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of Get Your Body back.com and Tom Yarema, M.D. or any Content, in whole or in part, in any form or by any means.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Licensed Content

Certain Content may be licensed from third-parties. The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Site (which his incorporated herein by reference).

General Legal Terms

This Agreement, and the other agreements referenced in it (like our Privacy Policy), is the entire Agreement between you and us relating to Get Your Body back.com and Tom Yarema, M.D.. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to Get Your Body back.com and Tom Yarema, M.D., the signed written agreement will control.

Other parties may have rights under this agreement. A “third party beneficiary” is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

If we choose not to enforce any provision of this Agreement, we still keep the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

This agreement is governed by California law, excluding California’s choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SANTA CRUZ COUNTY, CALIFORNIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party’s ability to seek equitable relief.