BariatricPal Forum Terms of Use and Community Rules

Draft for approval only. Do not publish or use Invision's reconfirmation flow until Alex directs.

Effective date: [Insert approved effective date]

These Forum Terms of Use and Community Rules (the "Forum Terms") govern your access to and use of the BariatricPal online community, including forums, member profiles, messages, and other community features (collectively, the "Forum"). By creating an account, posting, or otherwise using the Forum, you agree to these Forum Terms. If you do not agree, do not use the Forum.

These Forum Terms apply to the Forum only. Purchases from the BariatricPal Store are governed by the Store Terms of Service and the policies presented with those purchases. The Forum is not a marketplace and these Forum Terms do not create any right to buy or sell products or services through the Forum.

1. Accounts and security

You may create or use a Forum account only if you can form a binding agreement under applicable law. If you are under the age of majority where you live, use the Forum only with the involvement and consent of a parent or legal guardian where required by law. You must provide accurate account information and keep your password confidential. You are responsible for activity under your account.

Do not share an account, create an account for another person, or create more than one account without our written permission. Notify us promptly if you believe your account has been accessed without authorization.

To request deletion of your Forum account, contact support@BariatricPal.com. We will delete your Forum account upon request. Deleting an account does not necessarily remove posts that have already been publicly shared, copied by others, cached, or indexed by search engines.

2. Community standards

BariatricPal is a peer-support community. Treat members, moderators, and staff respectfully. You may disagree, but keep discussion constructive.

Do not post, upload, send, or otherwise make available content that:

• harasses, threatens, bullies, stalks, doxxes, abuses, or personally attacks anyone;
• includes hate speech or discriminatory content targeting a person or group based on a protected characteristic;
• shames a member for pursuing, declining, or choosing a bariatric procedure, including by calling a procedure "cheating," "obsolete," "wrong," "bad," or "destined to fail";
• promotes self-harm, eating disorders, dangerous weight-loss practices, illegal drug use, or other dangerous conduct;
• is obscene, sexually explicit, violent, unlawful, defamatory, fraudulent, deceptive, or otherwise inappropriate for the Forum;
• infringes another person's copyright, trademark, privacy, publicity, or other rights;
• discloses another person's private information, including health information, contact details, account information, images, or messages, without permission;
• is spam, a chain message, malware, phishing, or an attempt to interfere with the Forum's security or operation;
• impersonates another person or falsely states or implies an affiliation with a person or organization; or
• violates applicable law or these Forum Terms.

Do not cross-post substantially the same message in multiple forums or repeatedly post the same question or topic.

3. Commercial activity and recommendations

Do not use the Forum to advertise, solicit, fundraise, promote a business, sell products or services, post affiliate links, or direct members to external sales offers. Do not ask members to contact you privately to promote a product, service, or opportunity.

You may include one link in your signature with one line of explanatory text, using the Forum's default font size. You may review or recommend a product, surgeon, hospital, or service only when the post is based on your own experience and you have no financial, employment, family, or other material connection to the subject of the recommendation. Do not post paid endorsements or recommendations connected to a business, employer, affiliate program, or other material interest.

4. Health-information notice

The Forum is for general discussion and peer support only. BariatricPal does not provide medical advice, diagnosis, treatment, or a substitute for advice from a qualified healthcare professional. Forum content, including content posted by members, moderators, or staff, does not create a doctor-patient or other professional relationship.

Do not rely on the Forum for urgent or emergency care. If you believe you or another person may be in immediate danger or experiencing a medical emergency, call 911 or your local emergency number. For non-emergency health questions, consult your surgeon, physician, dietitian, pharmacist, or another qualified healthcare professional.

Members may share their personal experiences, but should not present individualized medical instructions, diagnoses, or treatment recommendations as professional medical advice. We do not verify members' identities, credentials, qualifications, or the accuracy, completeness, or safety of their posts.

5. Your content and permissions

You retain ownership of the content you submit to the Forum ("User Content"). You are responsible for User Content and represent that you own it or have all rights and permissions needed to post it and grant the license below.

By submitting User Content, you grant BariatricPal a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to host, store, reproduce, display, perform, distribute, format, adapt, and create derivative works from that User Content as reasonably necessary to operate, maintain, secure, improve, administer, and promote the Forum and BariatricPal community services in any media. This license does not transfer ownership of your User Content to BariatricPal.

You understand that posts may be publicly visible, copied by others, cached, or indexed by search engines. Deleting a post or closing an account may not remove copies beyond our reasonable control. BariatricPal does not promise to keep User Content confidential. Do not submit ideas, suggestions, or other material you expect to be kept confidential.

Do not submit User Content that infringes another person's rights. Obtain consent from people depicted in photos or videos you post. Do not post private messages, personal health information, or identifying information about another person without permission.

6. Moderation, reports, and enforcement

BariatricPal may, but is not obligated to, monitor the Forum. We may review, edit, move, limit visibility of, or remove User Content; issue a warning; suspend or terminate an account; or take another action we consider appropriate to protect the community, enforce these Forum Terms, comply with law, or address security or operational concerns. We may act with or without notice and are not required to explain a moderation decision.

Use the Forum's "Report Post" function to report content that may violate these Forum Terms. Do not use reports to harass another member or to gain an advantage in a disagreement. Moderation is not a guarantee that the Forum is safe, accurate, appropriate, or free of prohibited content. You remain responsible for your own choices and interactions.

7. Privacy

Your use of the Forum is also subject to the BariatricPal Privacy Policy: https://store.bariatricpal.com/pages/privacy-policy. The Privacy Policy explains how personal information is handled. Because Forum posts may be public, do not post information you do not want other members or the public to see.

8. BariatricPal content and trademarks

The Forum's software, design, text, graphics, logos, and other BariatricPal-provided content are protected by applicable intellectual-property laws. Subject to these Forum Terms, you may use the Forum for personal, non-commercial participation. Do not copy, scrape, reproduce, distribute, modify, or exploit Forum content except as permitted by law or with prior written permission.

"BariatricPal" and the names, logos, product and service names, designs, and slogans used in connection with BariatricPal are trademarks of their respective owners. Do not use them in a way that suggests endorsement, affiliation, or sponsorship without permission.

9. Copyright complaints and repeat infringement

If you believe content on the Forum infringes your copyright, send a written notice containing the information required by 17 U.S.C. § 512(c)(3) to BariatricPal's designated DMCA agent:

Alex Brecher

BariatricPal

25 Corporate Circle, Suite 118

Albany, NY 12203

legal@bariatricpal.com

Your notice must include your physical or electronic signature; identification of the copyrighted work; identification and location of the material you believe infringes; your name, mailing address, telephone number, and email address; a good-faith statement that the use is unauthorized; and a statement under penalty of perjury that the information is accurate and that you are authorized to act for the copyright owner.

If you believe content was removed by mistake or misidentification, your written response should include the information required by applicable law for a counter-notice, including your consent to the jurisdiction of the appropriate federal court. BariatricPal may suspend or terminate repeat infringers when appropriate.

10. Service availability and third-party content

The Forum is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Forum at any time. We do not guarantee uninterrupted, secure, or error-free operation, or that Forum content will be accurate, complete, current, or suitable for your needs.

The Forum may include links to or content from third parties. BariatricPal does not control and is not responsible for third-party sites, products, services, or content. Your dealings with a third party are between you and that third party.

11. Changes to these Forum Terms

We may update these Forum Terms from time to time. We will post the updated version and revise the effective date. For material changes, we may require renewed acceptance through the Forum before continued use. If you do not agree to an updated version, stop using the Forum.

12. Governing law and venue

These Forum Terms are governed by New York law, without regard to its conflict-of-law rules. Except where applicable law requires otherwise, claims relating to these Forum Terms or the Forum must be brought in the state or federal courts located in Albany County, New York, and you consent to that venue and jurisdiction.

13. Miscellaneous

If a provision of these Forum Terms is unenforceable, the remaining provisions remain in effect. BariatricPal's failure to enforce a provision is not a waiver. You may not transfer these Forum Terms without our written permission. We may transfer them in connection with a merger, acquisition, reorganization, or sale of assets.

14. Contact

For questions about these Forum Terms or legal notices that cannot be submitted through the Forum, contact legal@bariatricpal.com.