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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. BY CLICKING ON ANY LINK ON THIS WEBSITE YOU HEARBY
AGREE TO ALL THE TERMS SET FORTH BELOW. IF YOU DO NOT
WANT TO AGREE TO THESE TERMS YOU MAY ALWAYS LEAVE THIS
WEBSITE. ALSO IF YOU CHOOSE TO HAVE SURGERY WITH DR.
ARMANDO JOYA, YOU ALSO HEREBY EXPLICITLY AGREE TO THESE TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT HAVE SURGERY WITH
DR. ARMANDO JOYA.
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, 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 Dr. Joya dot com Inc.,
hereinafter referred to as, 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, 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 DrJoya.com
Site, you agree to follow our terms set forth below.
You acknowledge that anything you submit to a DrJoya.com Inc.
Site by way of any Forum is routed through 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 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 Dr. Joya.com
Inc. Site. By using the Dr. Joya.com Inc. 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.) SITE
You should be aware that when you are on a Dr. Joya.com
Inc. Site, including Drjoya.com, you could be directed to
other sites that are beyond our control. There are links to
other sites from Dr. Joya.com Inc. pages that take you outside
of our websites. You acknowledge that when you click on a link
that leaves a Dr. Joya.com Inc. 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. is not responsible for those
sites. We reserve the right to disable links from third-party
sites to any Dr. Joya.com Inc. 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 Dr. Joya.com Inc. Site.
DISCLAIMER
THE MATERIALS IN THE DrJoya.com Inc.
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.)
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY (DrJoya.com Inc.) 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.) 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 THAT IS NOT
AFFILIATED IN ANY WAY WITH DR. ARMANDO JOYA. DRJOYADOTCOM INC.
PROVIDES TRAVEL RELATED SERVICES AND SCHEDULING INFORMATION
PERTAINING TO WEIGHT LOSS SURGERY IN MEXICO. NEITHER
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., 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., 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., 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., 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.
DRJOYA.COM AND GERALD WITT ADVISE YOU TO FULLY RESEARCH YOUR
DECISION TO ENTER INTO WEIGHT LOSS SURGERY OR METABOLIC
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.) explicitly disclaim any responsibility for
the accuracy, content, or availability of information found on
sites that link to or from any (DrJoya.com Inc.) 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
IF YOU USE A CREDIT CARD IN MEXICO TO PAY
FOR YOUR SURGERY, YOUR FINAL COST MAY BE MORE THAN THE SURGERY
PRICE QUOTED ON THIS WEBSITE, AS THE CONVERSION FROM DOLLARS
TO PESOS AND THEN BACK TO DOLLARS AGAIN BY THE BANKS AND
PARTIES DOING THE TRANSACTIONS MAY RESULT IN THE COST
INCREASING A FEW HUNDRED DOLLARS. IF YOU DO NOT WISH TO PAY
THESE FEES PLEASE PAY DR. JOYA WITH EITHER CASH OR A CERTIFIED
CHECK. DrJoyadotcom 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 not including your
airplane ticket.
IN CASE YOU CANCEL YOUR SURGERY YOU
ARE RESPONSIBLE FOR PAYING FOR YOUR AIRPLANE TICKETS OR
REIMBURSING DR. JOYA. THE AIRPLANE TICKETS ARE NOT PURCHASED
WITH YOUR NONREFUNDABLE DEPOSIT AS STATED ABOVE. IF YOU HAVE
MADE PAYMENT IN FULL PRIOR TO SURGERY, THEN THIS AMOUNT WILL
BE DEDUCTED FROM THE AMOUNT RETURNED TO YOU. IF YOU HAVE NOT
YET MADE PAYMENT IN FULL YOU HEREBY AGREE TO MAKE PAYMENT IN
FULL FOR THE AIRPLANE TICKETS UPON SUCH REQUEST VIA EMAIL OR
LETTER. FAILURE TO PAY FOR THE AIRPLANE TICKETS WILL BE
CONSTITUTED AS A DEBT AND REPORTED TO A COLLECTION AGENCY AND
CREDIT BUREAUS AS A DELINQUENT DEBT. FAILURE TO PAY FOR YOUR
AIRPLANE TICKETS IF YOU CANCEL YOUR SURGERY, WILL MAKE YOU
LIABLE TO DR. JOYA FOR ANY LEGAL FEES, COURT COSTS, AND
INTEREST INCURRED AT THE RATE OF 22% PER YEAR OF THE AMOUNT
OWED AND ANY COSTS ASSOCIATED WITH THE COLLECTION OF THIS
DEBT. BY USING THIS WEBSITE YOU AGREE TO ALL TERMS IN THIS
CLAUSE. THIS CLAUSE IS NOT WAIVABLE.
INDEMNIFICATION
You hereby agree to indemnify, and hold DrJoyadotcom 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.) 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.)
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. Site are appropriate or available for use in
any particular location. Those who choose to access a
(DrJoya.com Inc.) 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.) 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., 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., 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., 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.) 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.) Sites without cause and
without notice to you in our sole discretion. Upon
termination, you must cease use of all (DrJoya.com Inc.) 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 Texas 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 Tarrant County, Texas, 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
or Metabolic Surgery or 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: 01/05/12 |
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• Bariatric Surgery
• Gastric Bypass
• Gastric Sleeve
• Lapband
• Bariatric Revisions
• Hernia Surgery
• Dental Work available
• Plastic Surgery available |
• Beach Resort Vacation
• Medical Staff visits the hotel
• Fly directly into PVR
• No 3 hour border crossing
• Airport Pickup
• All Tests included
• R/T Airfare available
• US Passport Book Required! |
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|
Please feel free to contact us with any questions, concerns, that you
may have regarding our services. If you would like to contact us via
e-mail, please forward your information to
info@drjoya.com and one of our friendly staff members will
contact you directly or via email within 24 hours. We can provide you
with a risk free price quote based on the information
you provide. You may also call us toll free at 866.509.0571 or
817.405.2778 |
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At DrJoya.com we are all well trained, and bilingual,
speaking both English and Spanish. We have been working in the
Medical Tourism industry for more than 13 years. By selecting Dr.
Joya you not only get the best doctors in Puerto Vallarta to assist
you during your surgery, you also get top notch care before surgery,
where you questions are answered usually in less than 24hours, to
post op where we are here for you as well. If you don't have
insurance and are looking to go overseas for weight loss surgery, then let
us
bring you to beautiful Puerto Vallarta. Our staff will get you the
answers to your questions and assist you
with getting all of your travel preparation needs in order.
Our staff will also assist you with any other specific needs you may
have.
All of the Doctors and
staff that work with Dr. Joya speak English and are University trained. The Hospital
is also accredited and is located in the heart of Puerto Vallarta and accessible from every
hotel. The hotel and hospital is about 10 minutes from the airport. |
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| We are completely committed
to delivering quality medical care to prospective patients.
With Dr. Joya you not only get the doctor who leads Mexico in
Gastric Bypass surgery, but you also get the doctor who
pioneered the Gastric Sleeve surgery in Mexico. Dr. Joya is on
the cutting edge of technology working on a cure for Type 2
Diabetes in non-obese patients, and he is also a
Gastroenterologist. By having done over 7500 laparoscopic
procedures including the Gastric Bypass and Gastric Sleeve
surgery, he has helped patients worldwide lose millions of
pounds a year, and all of these treatments can be done at
savings over what they cost in the US. The hospital in Puerto
Vallarta has been approved by and work with most major American
Insurance companies. |
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