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LEGAL
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE.
1st DISCLAIMER NOTICE
Information contained
in this website is provided for educational purposes only. It
is imperative that you consult your own physician regarding the
application of any opinions or information presented in this website
or received in any e-mails from DRJOYA.COM. It is not intended
to replace the advice of a medical professional or in any way to be
prescriptive. The author and website administrator has used
sources believed to be reliable in efforts to provide information
that is complete and generally in accord with the standards accepted
at the time of publication. Medical knowledge changes rapidly.
In lieu of the possibility of human error and changes in medical
science, neither the author or website administrator, nor any party
who is involved in the preparation or publication of these works or
e-mails warrants that the information contained is in every respect
accurate or complete, and they are not responsible for any errors or
omissions or for the results obtained from the use of such
information. Readers and website users are strongly encouraged
to discuss and confirm the information contained in the website and
e-mails with their own physician. People who use this website
do so with the understanding that the author, publisher, website
administrator, DRJOYA.COM, Weight Loss Team Inc., Gerald Witt, and
any and all other contributors, shall have neither liability nor
responsibility to any person or entity with respect to any loss or
damage caused or alleged to be caused directly or indirectly by the
information contained in this website or the e-mails sent from
DRJOYA.COM.
More Notice:
By using this website, you signify your agreement to
these terms of use. If you do not agree to these terms of use, you
may not use this website. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these
terms of use at any time in accordance with the procedures set forth
below in the paragraph labeled "Amendment."
NOTE: NO PART OF THIS WEBSITE SHOULD BE CONSTRUED IN ANY WAY
BY ANY PERSON OR ENTITY, AS THE PRACTICE OF MEDICINE IN ANY COUNTRY
IN THE WORLD, INCLUDING THE US AND MEXICO. ANY
E-MAIL COMMUNICATION DERIVED FROM DRJOYA.COM SERVERS AS WELL SHALL
NOT BE CONSTRUED AS THE PRACTICE OF MEDICINE IN ANY COUNTRY IN THE
WORLD, INCLUDING THE US AND MEXICO. ANY MEDICAL FORMS
SENT THROUGH DRJOYA.COM SERVERS TO BE FILLED OUT ARE DONE SO FOR THE
SOLE PURPOSE OF HAVING SURGERY IN MEXICO, THE FORMS EVALUATED IN
MEXICO, AND ADVICE RENDERED IN MEXICO BY DOCTORS, AND SHALL NOT BE
CONSTRUED IN ANY WAY AS THE PRACTICE OF MEDICINE IN THE USA.
THIS WEBSITE IS CONSTRUED FOR EDUCATIONAL PURPOSES ONLY!
NOTICE REGARDING INSURANCE
It is your responsibility to verify whether or not your insurance
covers any type of surgery you will be having with Dr. Armando Joya.
Dr. Armando Joya does not accept any insurance for payment of
surgeries rendered in Mexico. It is further your
responsibility to verify with your insurer and the Hospital San
Javier Marina, or Cornerstone hospital whether or not your insurance will cover any
complications you may have as a result of going to Mexico for
surgery. It is also recommend that you call your insurance
provider to ascertain what coverage is available to you for both
Emergency and Non Emergency situations you may be presented with
when traveling outside of the United States and furthermore it is
advised that you familiarize yourself with your own insurance policy
and their methods rules and regulations on how to make an insurance
claim when traveling abroad for both medical emergencies and non
emergencies. Complications may arise during surgery some of
which may or may not be covered by your insurance company, it is
your responsibility to be fully informed before going to Mexico.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any part of the Drjoya.com or
Drjoyasupport.com website is the copyrighted property of Weight Loss
Team, Inc. and Dr. Joya dot com Inc., hereinafter referred to as, (WLTinc
or DrJoya.com) or its subsidiaries
or affiliated companies and/or third-party licensors. All
trademarks, service marks, trade names, and trade dress are
proprietary to Weight Loss Team, Inc., Dr. Joya.com Inc, or its affiliates or
licensees. No material from any part of this website or any Internet
site owned, operated, licensed, or controlled by us may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, noncommercial
home use only, provided that (i) you keep intact all copyright and
other proprietary notices, (ii) you make no modifications to the
materials, and (iii) you do not use the materials in a manner that
suggests an association with any of our products, services, or
brands. The use of any Drjoya.com material on any other Web site or
computer environment is prohibited.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments
regarding Dr. Armando Joya's procedures and services.
If, through participation in certain activities, you send any
material (e.g., postings to chat, boards, emails or contests) or,
despite our request, you send us unsolicited creative suggestions,
ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall be deemed,
and shall remain, our property. None of the Submissions shall be
subject to any obligation of confidentiality on our part and we
shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, we shall exclusively own all
now-known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Submissions or any other person or entity.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, instant messaging, mobile
messaging or e-mail function (including, but not limited to,
electronic greeting cards) offered as part of any Dr. Joya.com
Inc., Site. If you participate in any Forum within a (WLTinc or
DrJoya.com) Site,
you agree to follow our terms set forth below.
You acknowledge that anything you submit to a (WLTinc or DrJoya.com
Inc.) Site by way
of any Forum is routed through (WLTinc or Dr. Joya.com Inc.) hosting servers and the
Internet and that, therefore, you have no expectation of privacy
with regard to any such submission. You acknowledge that the Forums
and features on (WLTinc or Dr.Joya.com Inc.) Sites are forums for public and not private
communications. Please keep in mind that whenever you give out
personal information online, for example, via message boards or
chat, that information can be collected and used by people you don't
know. We cannot guarantee the security of any information you
disclose online; you make such disclosures at your own risk.
Users or visitors shall remain solely responsible for the content of
their messages in the Forums. We are not responsible for the content
or opinions posted or sent by users in any Forum. You take
responsibility for postings under your username and use the
information provided in the Forums at your own risk. We reserve the
right to remove or edit content from any Forum at any time and for
any reason although we have no duty to do so.
When participating in a Forum, never assume that people are who they
say they are, know what they say they know, or are affiliated with
whom they say they are affiliated with in any chat room, message
board, or other user-generated content area. Information obtained in
a Forum may not be reliable, and it is not a good idea to take any
action, including to trade or make any investment decisions, based
solely or largely on information you cannot confirm. We cannot be
responsible for the content or accuracy of any information, and
shall not be responsible for any trading, investment, or any other
decisions made based on such information.
HOUSE RULES
The following is a list of the House Rules of conduct for any
(DrJoya.com Inc. or WLTinc) Site. By using the (DrJoya.com Inc. or WLTinc) Sites you agree not to do any
of the following:
- Post, distribute, or otherwise make available or transmit any
data, text, message, or computer file that we deem to be: (a)
defamatory, abusive, harassing, insulting, threatening, or that
could be deemed to be stalking; (b) bigoted, hateful, or racially
offensive; (c) vulgar, obscene, or sexually explicit (language or
images); or that (d) encourages or advocates illegal activity or
the discussion of illegal activities with the intent to commit
them;
- Post, distribute, or otherwise make available or transmit any
data, text, message, computer file, or other material that
infringes and/or violates any right of a third party or any
domestic or international law, rule, or regulation, including but
not limited to: (a) copyright, patent, trademark, or other
proprietary rights; (b) right of privacy (specifically, you must
not distribute another person’s personal information of any kind
without their express permission) or publicity; (c) any
confidentiality obligation;
- Advertise or sell any products, services or otherwise (whether
or not for profit), or solicit others or use any Forum for
commercial purposes of any kind,
- Post, distribute, or otherwise make available or transmit any
software or other computer files that contain a virus or other
harmful component;
- Impersonate any person or entity or misrepresent your identity
or affiliation with any person or entity;
- Engage in antisocial, disruptive, or destructive acts,
including "flaming," "spamming," "flooding," "trolling," and "griefing"
as those terms are commonly understood and used on the Internet;
- Delete any legal notices, disclaimers, or proprietary notices
such as copyright or trademark symbols, or modify any logos that
you do not own or have express permission to modify;
- Post, distribute, or otherwise make available or transmit
material or make statements that do not generally pertain to the
designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem
appropriate, to turn over to law enforcement officials, any
material, including message, e-mail, or posting, that is in
violation of these House Rules. We also reserve the right to remove
messages, e-mails, or postings that do not pertain to the designated
topic or theme of the Forum.
CONTENT LINKED TO ANY (DrJoya.com Inc. or WLTinc) SITE
You should be aware that when you are on a (DrJoya.com Inc. or WLTinc) Site, including Drjoya.com, you could be directed to other sites that are
beyond our control. There are links to other sites from (DrJoya.com
Inc. or WLTinc)
pages that take you outside of our websites. You acknowledge
that when you click on a link that leaves a (DrJoya.com Inc. or
WLTinc) Site the site
you will land on is not controlled by us and different terms of use
and privacy policy may apply. By clicking on links to other sites,
you acknowledge that (DrJoya.com Inc. or WLTinc) is not responsible for those sites. We
reserve the right to disable links from third-party sites to any
(DrJoya.com Inc. or WLTinc) Site, although we are under no obligation to do so.
We make no representations concerning the content of sites listed in
any of our directories. Consequently, we cannot be held responsible
for the accuracy, relevancy, copyright compliance, legality, or
decency of material contained in sites listed in our search results
or otherwise linked to a (DrJoya.com Inc. or WLTinc) Site.
DISCLAIMER
THE MATERIALS IN THE (DrJoya.com Inc. or WLTinc) SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON ANY (DrJoya.com Inc. or WLTinc) SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY (DrJoya.com Inc. or WLTinc) SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS ON ANY (DrJoya.com Inc. or WLTinc) SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DRJOYADOTCOM INC. IS
A NEVADA CORPORATION AND WEIGHT LOSS TEAM
INC. IS A CALIFORNIA CORPORATION THAT IS NOT AFFILIATED IN ANY WAY
WITH DR. ARMANDO JOYA. DRJOYADOTCOM INC. AND WEIGHT LOSS TEAM INC. PROVIDES TRAVEL
RELATED SERVICES AND SCHEDULING INFORMATION PERTAINING TO WEIGHT LOSS SURGERY
IN MEXICO.
NEITHER WEIGHT LOSS TEAM INC., DRJOYA.COM, DRJOYADOTCOM INC., NOR GERALD A. WITT ARE
EMPLOYEES OF DR. ARMANDO JOYA, WHO IS SOLELY LICENSED TO PRACTICE
MEDICINE IN THE STATE OF JALISCO AND IN THE COUNTRY OF MEXICO.
DRJOYADOTCOM INC., WEIGHT LOSS TEAM INC., GERALD A. WITT AND DRJOYA.COM AS WELL AS THE
WEBSITE DRJOYA.COM SOLELY PROVIDE REFERENCES FOR DR. ARMANDO JOYA
AND ACT AS INDEPENDENT COORDINATORS TO ASSIST WITH THE EASE OF
ASSISTING PATIENTS WHO PREPARE FOR THEIR PROCEDURES IN MEXICO BY
ARRANGING THEIR TRAVEL PLANS AND HOTEL RESERVATIONS. BY USING THIS
SITE OR BY YOUR OWN DECISION TO HAVE SURGERY WITH DR. ARMANDO JOYA,
YOU AGREE TO HOLD HARMLESS DRJOYADOTCOM INC., WEIGHT LOSS TEAM INC., DRJOYA.COM, AND
GERALD WITT FROM ANY AND ALL INJURIES SUSTAINED DURING ANY PROCEDURE
EITHER NEGLIGENT, INTENTIONAL OR MALPRACTICE, PERFORMED BY DR.
ARMANDO JOYA. YOU ALSO HEREBY AGREE TO PAY FOR ANY AND ALL
EXPENSES, COSTS AND LEGAL FEES THAT DRJOYADOTCOM INC., WEIGHT LOSS TEAM INC.,
DRJOYA.COM, AND GERALD WITT MAY AND WILL INCUR IF YOU BRING SUIT
AGAINST ANY OF THESE NAMED PARTIES OR DR. ARMANDO JOYA. YOU ALSO AGREE TO WAIVE
ANY AND ALL RIGHTS TO SEEK ATTORNEY FEES AND COSTS RELATED TO ANY
LITIGATION AGAINST DRJOYADOTCOM INC., WEIGHT LOSS TEAM INC., DRJOYA.COM, AND GERALD
WITT. YOU ALSO WILL AGREE TO SIGN WAIVERS AND CONSENT
FORMS IN PUERTO VALLARTA MEXICO EXPRESSING YOUR ACCEPTANCE TO THESE
TERMS PRIOR TO YOUR SURGERY. BY HAVING YOUR SURGERY PERFORMED
YOU AGREE TO ANY AND ALL TERMS SET FORTH IN THIS LEGAL PAGE OF THIS
WEBSITE AS OF THE DATE ON YOUR RELEASE SIGNED IN MEXICO. WEIGHT LOSS TEAM INC., DRJOYA.COM
AND GERALD WITT ADVISE YOU TO FULLY RESEARCH YOUR DECISION TO ENTER
INTO WEIGHT LOSS SURGERY AND ALSO ADVISE YOU TO NOT RELY ON ANY
INFORMATION PROVIDED EITHER WITHIN THIS WEBSITE OR RECEIVED VIA
E-MAIL OR TELEPHONE. FINALLY YOU UNDERSTAND THAT YOU HEREBY
AGREE TO SUBJECT YOURSELF TO THE LAWS OF THE COUNTRY OF MEXICO AND
BY USING THIS WEBSITE AND CHOOSING TO HAVE SURGERY WITH DR. JOYA,
YOU HEREBY ASSENT TO SUBJECT YOURSELF TO THE LAWS OF MEXICO FOR ANY
AND ALL LAWSUITS OR ARBITRATIONS, NO MATTER WHERE THE SUIT IS
BROUGHT. YOU MAY ALWAYS DECLINE TO ALL OF THESE TERMS IN WHOLE
BY CHOOSING A DIFFERENT DOCTOR TO DO YOUR PROCEDURE. YOU MAY
NOT DECLINE ANY OF THESE TERMS IN PART.
(DrJoya.com Inc. or WLTinc) explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that link to
or from any (DrJoya.com Inc. or WLTinc) Site. We cannot ensure that you will be
satisfied with any products or services that you receive from Dr.
Armando Joya or any other of the doctors who work on your
procedures. We do not make any representations or warranties
as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive
any claim against us with respect to such sites and third-party
content. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
BILLING
DrJoyadotcom Inc., and
Weight Loss Team Inc. charges a fee for providing services.
This fee is described as a non refundable deposit. This fee is
paid by the patient going down for surgery and is in no way paid for
by Dr. Armando Joya. This fee is for all of the travel related
services provided.
INDEMNIFICATION
You hereby agree to indemnify, and hold DrJoyadotcom Inc., Weight Loss Team Inc. and our affiliates and
our officers, directors, owners, agents, information providers,
licensors, and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs
(including reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of any lawsuit by
you for claims arising from your surgery with Dr. Armando Joya. You
hereby agree not to bring suit against the "Indemnified Parties" and understand that in no
way are the "Indemnified Parties" responsible for any harm which may occur during your
Bariatric Surgery. The "Indemnified Parties" reserve the right, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, ANY (DrJoya.com Inc. or WLTinc) SITE OR MATERIALS OR FUNCTIONS ON
ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR MALPRACTICE), OR OTHERWISE EXCEED THE AMOUNT PAID BY
YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR
PARTICIPATING IN ANY ACTIVITY RELATED TO ANY (DrJoya.com Inc. or
WLTinc) SITE.
JURISDICTIONAL ISSUES
Drjoya.com is owned, controlled and operated by DrJoyadotcom Inc. and
its affiliates including Gerald Witt, from its U.S. offices in
Texas. We make no representation that materials on any (DrJoya.com
Inc. or WLTinc)
Site are appropriate or available for use in any particular
location. Those who choose to access a (DrJoya.com Inc. or
WLTinc) Site do so on their
own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. Those
who choose to access a (DrJoya.com Inc. or WLTinc) Site agree to accept as a sole and
only recourse, legal jurisdiction and court proceedings using the
laws of the State of Jalisco in the Courts of the city of Puerto
Vallarta and in the state of Jalisco in the country of Mexico
for any claims whatsoever that may be had against DrJoyadotcom Inc., Weight Loss Team
Inc. and its affiliates including Gerald Witt, for any claim except
those stated below in the Paragraph entitled GENERAL PROVISIONS.
Furthermore you agree that you waive any and all claim of having
legal recourse in the US and accept to the use of the laws of the
State of Jalisco, Mexico in the courts of Puerto Vallarta Mexico, to determine the outcome of any
legal action. Furthermore you agree that you waive any and all
claim of having legal recourse in the US and accept to the use of
the laws of the State of Jalisco, Mexico in the courts of Puerto
Vallarta Mexico, to determine and award the amount of damages if a
court finds damages wanting in any and all situations.
Please note all fees are the responsibility of
the party bringing the charges and by using this website you agree
to reimburse DrJoya.com Inc., Weight Loss Team Inc. and its affiliates including
Gerald Witt, for any and all legal fees that may or will be occurred
in the event of any claim, including but not limited to
paying for DrJoya.com Inc., Weight Loss Team Inc. and its affiliates including Gerald
Witt's attorney's fees and costs, EVEN IF YOU PREVAIL IN THE
PROCEEDING.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify,
add, or delete portions of these terms of use at any time. In the
event that we do so, we will notify you of any such change,
modification, addition, or deletion by posting a date of change on
the bottom of this page. Any such change, modification, addition, or
deletion will be effective upon thirty (30) calendar days following
our posting of such notice on the Web sites covered by these terms
of use. Please note that all information on DRJOYA.COM has
been reviewed and approved by Dr. Armando Joya Munguia but we can
not verify as to its authenticity.
TERMINATION
These terms of use are effective until terminated by either you or
us. You may terminate these terms at any time by discontinuing use
of all (DrJoya.com Inc. or WLTinc) Sites and destroying all materials obtained from any
and all such sites and all related documentation and all copies and
installations thereof, whether made under these terms of use or
otherwise. Upon having surgery with Dr. Armando Joya Mungia you
hereby agree to waive any and all rights in terminating the terms of
use listed on this page and website. In the event that you terminate these terms of use, you
agree to notify us of such termination by sending notice of such
termination by certified United States mail, postage pre-paid to:
User Services
DRJOYA.COM Inc.
2804 Tranquilo
Grand Prairie, TX 75054
We may immediately terminate these terms of use with respect to
you (including your access to any and all (DrJoya.com Inc. or
WLTinc) Sites without
cause and without notice to you in our sole discretion. Upon
termination, you must cease use of all (DrJoya.com Inc. or WLTinc) Sites and destroy
all materials obtained from such sites and all copies thereof,
whether made under these terms of use or otherwise.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance
with the laws of the State of California and the laws of the United
States, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or
relating to these terms stated forth in this very Legal document
(ie. the actual legality of this Legal Terms; stated forth at the
following direction: http://www.drjoya.com/legal.html) shall be filed only in the state or federal
courts located in Los Angeles County, California, and you hereby
consent and submit to the personal jurisdiction of such courts for
the purposes of litigating only this such action. All claims
not related to the terms of use, shall fall under the jurisdiction
of the courts of the State of Jalisco and the City of Puerto
Vallarta and you agree to bring all such claims in Puerto Vallarta
Jalisco Mexico. If any provision of
these terms of use shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms of use and shall not affect the validity and
enforceability of any remaining provisions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement must be sent to
Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: (DRJOYA.COM INC.)
Name of Agent Designated to Receive Notification of Claimed
Infringement or Service of Process: United States Corporation
Agents
Full Address of Designated Agent to Which Notification Should be
Sent: 500 North Rainbow Blvd., Las Vegas NV. 89107
Telephone Number of Designated Agent: (818) 281-2738
Facsimile Number of Designated Agent: (817) 539-0654
E-Mail Address of Designated Agent: info@drjoya.com
To be effective, the notification must be a written communication
that includes the following:
- A physical or electronic signature of person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the
material;
- Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining
party may be contacted;
- A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
- 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.
TEXT OF
INFORMED CONSENT FOR BARIATRIC SURGERY WHICH YOU WILL SIGN ONCE YOU
ARE IN MEXICO
Laparoscopic
Adjustable Gastric Band Procedure or BIB surgery or Laparoscopic
Gastric Bypass and Gastric Sleeve Procedure
(To be retained
in the patient’s records)
If you agree
with everything stated in the paragraphs below, please write your
name in the blank provided and the date and your initials in the
final blank of each paragraph.
You, as the
patient are asked to carefully read this document which is legal and
binding. It is intended to insure that you are completely informed
regarding the nature and specific details of the surgical procedure
to be performed, as well as potential risks and benefits involved.
I,
_________________________________________, hereby acknowledge
receipt of the “Patient Handbook”. This document is a comprehensive
detailed description of information and issues related to Bariatric
Surgery. I understand that the handbook may or may not fully
provide all information related to the surgery of which I have
chosen.
Dated:_____________ Initials:____________
I,
_________________________________________, hereby give my
unqualified consent to Dr. Armando Joya
Munguia and his staff to perform a Laparoscopic Adjustable Gastric
Band procedure or Gastric Bypass procedure. I certify that I have
read about and/or fully been briefed orally by the doctor about the
potential risks, benefits, expected outcomes, and medical
alternatives of and this surgical procedure, be it the Laparoscopic
Adjustable Gastric Band procedure or Gastric Bypass procedure. I
have been provided information and materials, which have allowed me
to understand all of the complicated issues, involved in Bariatric
Surgery as well as all of what has been stated in this document. I
confirm that I have been given adequate time and information to
allow myself and my family to make a decision to undergo weight loss
surgery. I have reviewed to my satisfaction, all of the relevant
issues throughout the process of researching my decision to have
surgery. At this time, I confirm that I desire to undergo and
proceed with the Laparoscopic Adjustable Gastric Band procedure or
Gastric Bypass procedure. Dated:_____________ Initials:____________
RISKS OF OBESITY
SURGERY: I recognize that I am severely overweight and meet the
criteria for weight loss surgery established by the National
Institutes of Health. I understand that this level of obesity has
been shown to be dangerous, unhealthy, and to increase my risks of
death from a variety of medical illnesses including diabetes, high
blood pressure, heart disease, stroke, arthritis, cancer, sleep
apnea, and lung disease. I also understand that my risk of death is
significantly higher than non-obese individuals. The reason I have
chosen to undergo surgery is to help me lose weight so that I can
reduce my risk of developing these and other diseases, potentially
rid myself of these above mentioned diseases if I suffer from them
now, and/or increase my chances to have a normal life expectancy.
Dated:_____________ Initials:____________
PLEASE CONTINUE
ONTO PAGE 2
It is important
that you understand the risks, complications, and changes that may
occur with weight loss surgery.
Please verify
your acceptance of these risks at the end of the list.
1.
Bleeding and the potential need for blood transfusion. Blood
transfusion carries the risk of infection with bacteria, parasites,
and viruses (Hepatitis, HIV/AIDS)
2.
Infection or abscess
3.
Poor cosmetic results (unattractive scar or incision/contour
defects)
4.
Chronic pain or discomfort
5.
Numbness
6.
Burning or tingling in the incision site or anywhere else in the
body
7.
Incisional hernia
8.
Internal hernia
9.
Bowel obstruction/strangulation
10.
Atalectasis or lung collapse causing fevers
11.
Pneumonia or lung infection including abscess
12.
Deep vein thrombosis (blood clot in the vein)
13.
Pulmonary embolus (blood clot going to the lung – fatal 30% of the
time)
14.
Stroke
15.
Heart Attack
16.
Injury to an abdominal or pelvic organ/structure
17.
Nausea or vomiting
18.
Dysphagia
19.
Diarrhea or constipation
20.
Heartburn or reflux symptoms
21.
Ulcers and/or Gastritis
22.
Conversion to an open surgery
23.
Failure to lose adequate amount of weight
24.
Loss of too much weight
25.
Development of malnutrition or vitamin deficiency
26.
Anemia
27.
Development of food intolerance’s
28.
Pressure ulcer or decubitus
29.
Rhabdomyalysis (breakdown of muscle in the body)
30.
Pancreatitis
31.
Kidney failure and/or need for dialysis
32.
Need for ICU care
33.
Need for a ventilator
34.
Organ failure
35.
Development of loose or redundant skin
36.
Foul smelling stool and/or gas
37.
Need for further or additional surgery to repair a problem
38.
Prolonged hospital stay may be needed to treat complications
39.
Allergic reaction to medicine/material
40.
Reaction to anesthetic
41.
Dumping Syndrome
42.
Hair loss or thinning
43.
Loss of taste
44.
Nerve or ligament injury from positioning or lying on the operating
table
Patient
Initials : _______________
PLEASE CONTINUE
ONTO PAGE 3
Cont.
45.
Sterility or inability to become pregnant
46.
Increased ability to become pregnant
47.
Birth defects or fetal injury if I become pregnant. This is less
likely once my weight has stabilized and my laboratory tests are
normal. Usually about 2 years after surgery.
48.
Post operative depression or other psychological reaction to the
surgery
49.
Metabolic bone disease (loosing calcium from the bone because of
inadequate intake and supplementation) with possible osteoporosis,
secondary hyperparathnyroidism, bone fractures.
50.
Need to revise or reverse the procedure at some point in the future
because of nutritional deficiencies or excessive weight loss or
other reasons.
51.
Extended disability, financial hardship as a result of complications
related to weight loss or surgery.
52.
Band slippage
53.
Band erosion
54.
Obstruction from the band
55.
Band or Balloon breakage
56.
Need for further or additional surgery to repair a problem, or to
repair, replace, or remove the Band.
57.
Development of a dilated esophagus or “pseudoachalasia”
58.
Dysphagia (difficulty or pain with swallowing)
59.
Port dislocation, malfunction, leakage, flipping, or disconnection
60.
Death
I understand
that the above list is not a complete list and other complications
not specifically listed here may also occur.
Patient Printed
Name:__________________________________________________
Patient
Signature:__________________________________________________
Signed this
_________ day of ___________________, 200____ .
Also,
Weight Loss
Options:
I understand
that there are many options for weight loss. I certify now, that I
have tried my best to lose weight using dietary and exercise
regimens and have been unsuccessful despite many attempts. I have
been informed that weight loss surgery should only be considered as
a last resort and after all other non-operative methods have
failed. Just as there are many different types of diets, there are
also different types of procedures to lose weight. I acknowledge
that I am thoroughly aware of my options for surgical weight loss
including the advantages and disadvantages of each procedure. I
have reached the decision regarding which surgical weight loss
procedure is right for me after extensive personal consideration,
and have no reservations about my decision at this time.
Acceptance of
Surgery:
I affirm and
understand that the field of weight loss surgery is filled with
controversy and that some medical professionals believe that surgery
is not appropriate under any circumstance for weight loss. I also
understand that long term data on the outcome of surgery for weight
loss may e incomplete or inconclusive, but at this time most
physicians as well as the National Institute of Health believe that
for patients who are considered “Morbidly Obese” and have failed
dietary and exercise measures, surgery is the best option for
significant and long term weight loss.
Patient Initials
: _______________
PLEASE CONTINUE
ONTO PAGE 4
Laparoscopic vs.
Open Surgery:
I understand
that my surgical procedure will be performed using a “minimally
invasive” approach (either Laparoscopic or Hand-Assisted). I have
intentionally chosen this approach because I believe it will cause
less pain and scarring, and allow me to leave the hospital quicker.
I understand that these techniques are more difficult for my surgeon
to perform, and as such, there is a small possibility that it will
not be possible to perform my surgery laparoscopically. I am
willing to accept the possibility that my surgery will need to be
performed “open” using a large incision causing a larger scar, more
pain, and a longer hospital stay and recovery time. I also agree to
pay the additional fee of $1,500 US dollars in
the event the surgery needs to be converted to an open procedure.
Risk of
Surgery:
I understand
that surgery contains risks and complications can occur. I also
understand that all surgeons have complications no matter how
skilled or talented they are. I understand that by being obese, my
risks during surgery are higher than the average person, and that
most complications that occur are due to that fact. I have been
advised about the extensive and comprehensive risks regarding the
complications that are possible during my surgical procedure or as a
result of the procedure. I have had the opportunity to ask
questions and clarify anything that was not completely clear and/or
understood by me. In addition, I was given a listing of potential
complications, which I have read in its entirety and fully
understand.
Blood
Transfusion:
I understand that surgery can be associated with a significant loss
of blood. If this occurs, I realize that I may need to undergo the
transfusion of blood products including coagulation factors,
platelets, and/or red blood cells. Despite the fact that blood
products and donors are screened, infection with bacterial or viral
particles is possible from these products. In addition, I
understand that transfusion reactions can occur due to antibodies
that my system may produce to blood from another individual. I
certify that I understand these risks and will accept the
transfusion of blood products if my doctor feels they are medically
necessary.
Compliance:
I
agree to abstain from alcohol and tobacco use, attend support group
meetings, attend scheduled follow-up visits, and maintain
recommended dietary and exercise regimens. I agree to take every
precaution to avoid pregnancy until approved by my physician(s)
which may be as much as two years or more after surgery. I
understand that even if I have fertility problems in the past,
weight loss may make me more fertile requiring birth control during
the initial two years after surgery.
Limited
Liability and Waiver thereof:
Dr. Joya dot com Inc., and Weight Loss Team Inc., dba Dr Joya.com,
and Gerald A. Witt Jr., are not responsible or liable for any
advise, course of treatment, diagnosis or any other information,
services or products that you have obtained. I have further been
informed that Dr. Joya dot com Inc., and Weight Loss Team Inc., dba
DrJoya.com and Gerald A. Witt Jr., have nothing to do with the
actual procedure of weight loss surgery; only provide a reference
and I hereby fully agree to hold Dr. Joya dot com Inc., and Weight
Loss Team Inc., dba DrJoya.com and Gerald A. Witt Jr., either in
whole or in part, free from any and all liability associated with my
undergoing surgery with Dr. Armando Joya, or the hospital that the
procedure is done in. I fully accept this waiver of liability by
placing my initial on this page or anywhere else in this document.
Disclosure
Statement:
I hereby agree to indemnify and hold harmless Dr. Joya
dot com Inc., and Weight Loss Team Inc., dba Dr Joya.com, and/or
Gerald A. Witt Jr. against any and all liability, claims, suits,
losses, costs and/or legal fees caused by, arising out of, and/or
resulting from any negligent act or omission in the performance
and/or failure to perform by Dr. Armando Joya, anyone on his staff,
under his control or anyone associated with the procedure at hand,
or the hospital and its staff and/or anyone under their control.
The information provided by Dr. Joya dot com Inc., and Weight Loss
Team Inc., dba Dr Joya.com, and/or Gerald A. Witt Jr., is intended
to be a general guide only and its content should be discussed with
your local medical practitioner. Dr. Joya dot com Inc., and Weight
Loss Team Inc., dba Dr Joya.com, and/or Gerald A. Witt Jr. shall not
be liable for any loss caused, whether due to negligence or
otherwise arising from use of or reliance on any and all information
provided including the website in general and/ or as a whole. I
fully accept the above, by placing my initial on this page or
anywhere else in this document.
Photographs/Observers:
I agree to allow intra-operative photos or video to be taken of
myself or the procedure, which is being performed on me. I agree
that these photos/videos may be used for any educational, scientific
or medical purpose, as long as my name or identity is not
disclosed. I waive my rights to these images or to compensation for
these images. I agree to allow other health care personnel or
representatives of surgical or equipment companies to be present in
the operating room if requested by my doctor(s).
Patient Initials : _______________
PLEASE CONTINUE
ONTO PAGE 5
Reproductions:
I agree that this form, when signed by me, is a legal and binding
contract and/or document. Digital reproduction and/or Xerox or Fax
copies are considered the same, and are as enforceable as the
original.
Law:
I agree that the laws of the state of Jalisco, located in the
Country of Mexico, govern this agreement.
Arbitration:
I agree to binding arbitration to settle any medical and or legal
disputes and herby waive my right to a jury or court trial for this
purpose. I hereby agree that Arbitration will occur in Puerto
Vallarta, Jalisco Mexico, using Mexican Laws, and Mexican Lawyers
and I waive any and all of my rights to any legal, or judicial
proceeding in the United States, even if I am not aware that any
rights are entitled or available to me.
Follow up:
I also understand that I may cause complications or have an
unacceptable result if I do not follow my doctor’s instructions
after the surgery or fail to take the necessary medications,
nutritional supplements or vitamin supplements. I also understand
the importance of regular follow-up with my surgeon and notifying
him if I am having any problems at any time after surgery. I
realize that the ultimate success of this surgery is dependant not
only on the procedure itself, but more importantly, to the changes
that I make in my lifestyle and diet. To this end, I agree to
follow my surgeon’s recommendations and instructions to include
dietary and activity limitations, nutritional supplements, attending
support groups and return/follow-up visits following surgery. I
agree to abstain from tobacco and minimize the use of alcohol.
Where applicable, I agree to use birth control to prevent and
control pregnancies for at least 18-24 months post surgery. I also
agree to participate in On-line chat/support groups, at least
monthly as part of my overall weight loss program.
Results of
Surgery:
I have not been given any promises or warranties regarding the
outcome of/or results of my surgery. I have been given guidelines,
outlining results and expectations. I understand that my results
will vary and depend on many factors and variables and my results
may or may not fall within the guidelines and expectations
discussed.
Health
Maintenance Statement:
I have been counseled on the importance of comprehensive
preoperative screening and health maintenance. These tests may but
not necessarily include but are not limited to chest x-ray,
electrocardiogram, laboratory blood panel, mammogram, pap smear,
bone densitometry, endoscopy, colonoscopy, abdominal ultrasound and
pelvic ultrasound.
Financial
hardship:
I understand that if I choose to undergo this surgery outside of my
insurance company (without their authorization or as a “self pay
patient”). I may incur financial hardship and significant debt if I
sustain a complication or have any problems following surgery. I
realize also, that any complication that arises in the future will
also be my responsibility and that my insurance will not cover these
problems either (if the surgery is performed outside my medical
insurance). I also realize that even if my insurance authorizes the
procedure, they may only cover a portion of the total cost and I
will be responsible for the balance. I hereby authorize and agree
to pay any and all additional costs associated with any
complications that arise out of my procedure. By signing this
document, I agree to allow the doctor or his assignees to proceed to
collect any amounts outstanding that may arise from any
complications in any and all manners that they see fit, either in
the United States or Mexico.
Having read this
form in its entirety, my signature below acknowledges that I agree
with and understand all of the statements and materials contained
and set forth within this document. I am aware of the many risks of
surgery, especially weight loss surgery, and fully understand them
and accept these risks.
PATIENTS NAME
(Please Print):______________________________
DATE:_________________
SIGNATURE OF
PATIENT:__________________________________
Witness’s Name
(Please Print):________________________________
DATE:____________________
SIGNATURE OF
WITNESS: _________________________________
LAST DATE OF CHANGE: 08/19/07 |
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