Big Blue Star LLC, DBA WeightWise Bariatric Program

Effective Date: January 1, 2025  |  Last Updated: January 1, 2025

These Terms of Use (“Terms”) govern your access to and use of the WeightWise Bariatric Program website, online store, landing pages, scheduling portals, and all related digital properties operated by Big Blue Star LLC, DBA WeightWise Bariatric Program (“WeightWise,” “we,” “us,” or “our”). By accessing our digital properties, placing an order, or submitting your information, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, please do not use our services.

SMS MESSAGING PROGRAM TERMS: The following terms apply to all SMS/text message communications from Big Blue Star LLC, DBA WeightWise Bariatric Program.

Program Description

This messaging program sends appointment confirmations, reminders, consultation follow-ups, program information, and customer support communications to individuals who have explicitly opted in through a WeightWise web form, scheduling portal, or landing page with a dedicated SMS consent checkbox.

SMS Program Terms at a Glance

• Program: WeightWise Bariatric Program appointment reminders and patient communication program

• Message types: Appointment reminders, consultation follow-ups, program information, and responses to your inquiries

• Message frequency: Varies based on your engagement with our program

• Cost: Message and data rates may apply. Contact your carrier for details

• To cancel: Reply STOP at any time. You will receive one final confirmation and no further messages

• For help: Reply HELP or call (405) 359-2475

• Supported carriers: AT&T, T-Mobile, Verizon, and other major U.S. carriers. Carriers are not liable for delayed or undelivered messages

• Age restriction: You must be 18 years of age or older to participate in our SMS program

• Consent is not required: Consent to receive SMS is not a condition of receiving medical services from WeightWise

• Your phone number will not be shared with third parties for their marketing purposes

SMS DATA PROTECTION: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All text messaging originator opt-in data and consent is kept strictly confidential and excluded from any third-party data sharing.

Section 1 – Acceptance of Terms

By using our website or any associated digital platform, submitting a form, scheduling an appointment, or placing an order, you represent that you are at least 18 years of age and have read, understood, and agree to these Terms. You represent and warrant that all information you provide is accurate, current, and complete. Accessing our site in any manner, whether automated or otherwise, constitutes agreement to these Terms.

We reserve the right to change these Terms from time to time. By continuing to use our services after we post any such changes, you accept the revised Terms.

Section 2 – Not Medical Advice

Content on our website, forms, SMS messages, and email communications is for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. No physician-patient relationship is established through use of our website or digital communications. Always consult a qualified healthcare provider before making any healthcare decisions. In a medical emergency, call 911 immediately.

Section 3 – Online Store & Orders

When you place an order through our online store, you are making an offer to purchase. WeightWise reserves the right to accept or decline any order at its sole discretion. Your order is not accepted until WeightWise confirms acceptance and processes your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

We make every effort to display products accurately; however, colors or appearance may vary by device. We reserve the right to discontinue products and limit quantities at our discretion. All purchases are for personal or household use only — not for commercial resale or export. Purchases are subject to our return and refund policy available at weightwise.com.

Section 4 – Pricing & Billing

Prices are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation. Prices do not include applicable taxes or shipping unless expressly stated. You represent and warrant that your payment information is accurate, that you are authorized to use it, and that you will pay all charges including applicable taxes and fees.

Section 5 – Shipping & Delivery

All delivery times are estimates only and are not guaranteed. WeightWise is not liable for delays caused by shipping carriers, customs processing, or events outside our control. Once products are transferred to a carrier, title and risk of loss pass to you.

Section 6 – Acceptable Use

You agree to use our digital properties only for lawful purposes. You agree not to:

• Submit false or misleading information

• Attempt to gain unauthorized access to any system or data

• Use automated tools to scrape or harvest content

• Upload or transmit malicious code

• Impersonate any person or entity

• Use our communications to harass or harm others

• Violate any applicable law or regulation

We reserve the right to suspend or terminate your access at any time for violations of these Terms.

Section 7 – Intellectual Property

Our Rights

All content on our website and digital properties — including text, graphics, logos, images, product descriptions, and software — is the property of Big Blue Star LLC, DBA WeightWise Bariatric Program, or its licensors, and is protected by U.S. and international intellectual property laws. The site is provided solely for your personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission. WeightWise’s names, logos, and slogans are trademarks and may not be used without written permission. All rights not expressly granted are reserved.

You may download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including comments, social media posts, photos, or videos) to us via the site or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, transmit, sell, and distribute such material.

Section 8 – Feedback & Reviews

If you submit ideas, suggestions, feedback, or reviews (“Feedback”), you grant WeightWise a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including to operate and improve our services. You represent that you own or have all rights to your Feedback and that it does not violate any third-party rights. We are not obligated to maintain, compensate for, or respond to Feedback.

Section 9 – Third-Party Links & Platforms

Our website and communications may contain links to third-party websites. We are not responsible for the content, accuracy, or privacy practices of those sites, and linking to them does not imply endorsement or sponsorship.

Our patient communication and scheduling infrastructure uses GoHighLevel; our online store is powered by Shopify. Your use of these platforms is also subject to their applicable terms and privacy policies. If you make a purchase from a third party linked through our site, information including payment information may be collected by that merchant and by us. Your participation in any dealings with third-party vendors is solely between you and the third party.

Section 10 – Errors & Inaccuracies

There may occasionally be typographical errors, inaccuracies, or omissions on our digital properties relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct such errors and to cancel orders placed based on incorrect information, without prior notice.

Section 11 – Registration & Accounts

To access certain features of our site, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. If you suspect unauthorized use of your account, notify us immediately at info@weightwise.com. We are not liable for any loss or damage arising from your failure to comply with this obligation.

Section 12 – Termination

We may terminate or suspend your access to our digital properties at any time, without notice, if you have violated these Terms or engaged in conduct we deem inappropriate or unlawful. Upon termination, you must cease all use of our site and any content obtained from it. You remain liable for all amounts due upon termination. Sections 7, 8, 13, 14, 15, and 16 survive any termination of these Terms.

Section 13 – Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY WEIGHTWISE, OUR WEBSITE, DIGITAL PROPERTIES, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

Section 14 – Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIG BLUE STAR LLC, DBA WEIGHTWISE BARIATRIC PROGRAM, ITS OWNERS, PHYSICIANS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR REPLACEMENT COSTS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF OUR DIGITAL PROPERTIES, PRODUCTS, OR COMMUNICATIONS. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID TO US IN THE 30 DAYS PRECEDING THE CLAIM.

Section 15 – Indemnification

You agree to indemnify, defend, and hold harmless Big Blue Star LLC, DBA WeightWise Bariatric Program, and its owners, physicians, officers, employees, agents, and service providers from any losses, damages, liabilities, or claims — including reasonable attorneys’ fees — arising out of: (1) your breach of these Terms; (2) your violation of any law or third-party rights; or (3) your access to and use of our digital properties or products. We will notify you of any indemnifiable claim promptly and may control the defense, but will not settle any claim imposing non-monetary obligations on you without your consent.

Section 16 – Governing Law

These Terms are governed by the laws of the State of Oklahoma, without regard to conflict of law principles. You and WeightWise consent to the exclusive jurisdiction of the state and federal courts in Oklahoma County, Oklahoma for any disputes arising under these Terms. Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in that jurisdiction.

Section 17 – General Provisions

Severability: If any provision is found unlawful or unenforceable, the remaining provisions remain in full force and effect.

Waiver: Failure to enforce any right or provision is not a waiver of that right.

Assignment: You may not transfer these Terms without our prior written consent; we may assign without notice.

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and WeightWise regarding use of our services, superseding all prior agreements.

Privacy Policy Reference: For SMS and data privacy inquiries, please refer to our Privacy Policy at weightwise.com/privacy-policy.

Section 18 – Changes to These Terms

We reserve the right to update these Terms at any time. Material changes will be posted on this page with a revised effective date. Your continued use of our services following changes constitutes acceptance of the revised Terms. The most current version is always available at weightwise.com.

Section 19 – Contact Us

For questions regarding these Terms of Use, please contact us:

Big Blue Star LLC, DBA WeightWise Bariatric Program

1800 Renaissance Blvd, Suite 200

Edmond, OK 73013

Phone: (405) 359-2475

Email: info@weightwise.com

Website: weightwise.com

By using our website and services, you consent to these Terms of Use.