TERMS AND CONDITIONS OF USE AGREEMENT BETWEEN Bariatric Mexico Surgery , LLC (BMS) AND YOU
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our Site. This Agreement constitutes the entire and only agreement between BMS and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, the offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
General Provisions. The contents or materials provided in this Site are for general information only and are not intended as medical advice. Bariatric Mexico Surgery makes no warranty, either expressly or implied, regarding the completeness, accuracy, or suitability of this information for any particular purpose. Some of the contents or materials on this Site may be affected by current legislative, regulatory, judicial, or other developments, which are not reflected here. We assume no responsibility or liability for any damages arising from your use of, or inability to use the Site. Bariatric Mexico Surgery also reserves the right to terminate a user or external link for repeated violation of its Terms and Conditions or other policies.
The Site may contain active links to other websites, or documents. Such links are provided for your convenience and are not intended as an endorsement by BMS of the affiliated organizations. BMS is neither responsible for the content contained on the linked websites, nor their privacy practices.
USE OF INFORMATION AND RESOURCES. BMS makes this Site available for the sole purposes of providing general educational information on health-related issues and providing access to health-related resources. This Site and its health-related information and resources are not intended to be a substitute for professional medical advice or for the care that patients receive from their physicians. Nothing in this Site is intended to be used for medical diagnosis or treatment. Always seek the advice of your physician before beginning any new treatment or if you have any questions regarding a medical condition. You should not disregard medical advice, or delay seeking medical advice, because of something you read in this Site.
This Site and its health-related information and resources are not intended, and must not be taken, to be the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, in any jurisdiction. Additionally, BMS is not responsible for information provided by health information content providers, third party sites linked to or framed by the Site, or third-party sites, and does not make any representations regarding the content, accuracy, or timeliness of any of such information.
By health-related information, we mean the health-related, medical, and wellness information available through Site that includes, but is not limited to, text, graphics, video, and images; information created by health information content providers, licensors, suppliers, and other third parties; advertisements; and any other material, information or health information content accessible on third-party web sites to which BMS may have links.
DISCLAIMER. BMS is a medical tourism company that works independently, facilitating the obtaining of medical services provided by healthcare professionals who are not employed by BMS. Reliance on any information or referral by BMS is Your and/or the Patient’s sole responsibility and BMS assumes no liability or responsibility for the advice, services, and opinions provided. Neither BMS nor any of its employees provide medical advice or medical service or endorse or select any healthcare providers. BMS is only responsible for the coordination of services that are not medically related. You understand that BMS and its employees are not medical doctors, and you are not deciding on a medical procedure based on anything implied by them. Making the decision to receive a medical procedure is based on your own research and advice from medical personnel. You understand that any disputes or claims arising from the procedures and medical services provided are to be brought against the medical facilities, medical staff, or surgeons in Mexico.
Prices. All prices, rates, or fares provided on the Site or in brochures and associated materials are subject to change without notice. Special conditions may apply to the prices set out in the materials and on the Site. The prices provided are in United States Dollars per person. Prices may change and may not be reflected on the Site.
Intellectual Property. This Agreement does not transfer from BMS to you any BMS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BMS. Bariatric Mexico Surgery, Bariatricmexicosurgery.com, the Bariatricmexicosurgery.com logo, and all other trademarks, service marks, graphics and logos used in connection with Bariatricmexicosurgery.com, or the Website are trademarks or registered trademarks of BMS or BMS's licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any BMS or third-party trademarks.
Copyright and DMCA Policy. As we ask others to respect its intellectual property rights, BMS respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site or through this service, you must provide the following information when providing notice of the claimed infringement to BMS:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;
Information reasonably sufficient to permit BMS to contact you, such as an address, telephone number and/or electronic mail address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted as a written notification to BMS by writing us at Bariatric Mexico Surgery, LLC, 2534 State Street Suite 417, San Diego, CA 92101, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
Responsibility of Website Visitors. BMS has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material's content, use or effects. By operating the Site, BMS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BMS disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bariatricmexicosurgery.com links, and that link to Bariatricmexicosurgery.com. BMS does not have any control over those non-Bariatric Mexico Surgery websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bariatric Mexico Surgery website or webpage, BMS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BMS disclaims any responsibility for any harm resulting from your use of non-Bariatric Mexico Surgery websites and webpages.
Limitation of Liability. In no event will BMS or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. BMS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Changes. BMS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. BMS may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Indemnification. You agree to defend, indemnify and hold harmless BMS, its contractors, and its licensors, and their respective directors, members, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Governing Law. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the Tijuana, Tijuana, Baja California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Tijuana, Tijuana, Baja California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tijuana, Tijuana, Baja California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
Notices. To the extent that the law and/or any applicable regulation allows for the provision of notice electronically, you hereby agree to receive all such notices electronically, including but not limited to notices required by state or federal privacy laws.
Miscellaneous. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BMS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Contact. If you have any questions or concerns regarding this Agreement, contact BMS at [email protected] You can also contact BMS via regular mail at: Bariatric Mexico Surgery, 2534 State Street Suite 417, San Diego, CA 92101 or call us at 1 (800) 308-3607.