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MyLapBandSurgery Inc. may amend these terms and conditions at any time. Your continued use of this web site and or services constitutes acceptance of the terms and conditions stated at the time of your use. You should visit this page prior to using this web site to determine the current terms and conditions to which you are bound.
Privacy
MyLapBandSurgery Inc. collects information about the users of this web site. Collection of this information is governed by MyLapBandSurgery Inc. .Com's Online Privacy Policy .
Registration Obligations
To access certain portions of this web site, you must register with MyLapBandSurgery Inc. by establishing a Personal Profile . Upon registration, you may be asked to select a username and password. You agree to provide truthful and accurate information during the registration process or when prompted to submit personal information through a form or e-mail request from authorized MyLapBandSurgery Inc. staff. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, MyLapBandSurgery Inc. reserves the right to terminate your Personal Profile account and suspend your use of any and all services offered through this web site.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks used or referred to on the web site are the property of MyLapBandSurgery Inc. and/or its affiliates, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without MyLapBandSurgery Inc.'s prior written permission. The use of MyLapBandSurgery Inc.'s trademarks on any other web site is prohibited.
Copyright
All materials contained on this web site are copyrighted except where explicitly noted otherwise. © 2007 MyLapBandSurgery Inc. All rights reserved.
By accessing and using the THIS website MYLAPBANDSURGERY.COM, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Florida, United States of America.
Proprietary Rights to Content
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this web site, in sponsor advertisements or in other information presented to you ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
MyLapBandSurgery Inc. gives you permission to electronically copy and print portions of the web site for your personal use. However, MyLapBandSurgery Inc. retains the copyright on all such materials. You understand and agree that you are permitted only to use this Content as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without MyLapBandSurgery Inc.'s prior, express authorization.
Links
MyLapBandSurgery Inc. prohibits the use of MyLapBandSurgery Inc.'s trademarks as a "link" on or from any other web site unless MyLapBandSurgery Inc. has approved the link in advance.
Disclaimer of Warranties
MyLapBandSurgery Inc. makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does MyLapBandSurgery Inc. make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY PROVIDED OTHERWISE, MYLAPBANDSURGERY INC. PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MYLAPBANDSURGERY INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF MYLAPBANDSURGERY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
MYLAPBANDSURGERY INC. MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYLAPBANDSURGERY INC. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF MYLAPBANDSURGERY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES , SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless MyLapBandSurgery Inc., its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of this web site or any product or service related thereto.
Governing Law
This Agreement and the relationship between you and MyLapBandSurgery Inc. shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law's provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a Florida court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
www.mylapbandsurgery.com only represents one opinion and particular surgical procedure(s). It is imperative that prospective weight loss surgical patients evaluate all the different surgical procedures on their own by educating themselves by all means possible (consultations, group meetings and internet). Any opinions expressed on this site are the opinions of the authors.
Reliance on any information provided by www.mylapbandsurgery.com , its health experts, commentators or other visitors to the site is solely at your own risk.
www.mylapbandsurgery.com assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea or instruction, special promotions and/or 3rd party Advertisers, Advertisements and statements claimed by 3rd party vendors mylapbandsurgery.com are not affiliated in any way or partners with the Lapband ® Registered Trademark or any containment of the materials provided to you on www.mylapbandsurgery.com reserves the right to change or discontinue at any time any aspect or feature of this site. Governing Law It is the intention of this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted. If there are Any disagreements arising out of any situation, it is agreed the matter will be settled in a court of law in Palm Coast Florida or the next nearest location to it.
HOLD HARMLESS AGREEMENT
By the electronic signing using my initials and by clicking in the disclaimer check box, that I hereby releases and holds harmless Corp., and MyLapBandSurgery.com, My Lap Band Surgery INC. and its affiliated companies, agents, employees and any associates of all claims now or in the future which may occur as a result of my lap band surgery or gastric sleeve surgery.
Warning! Read the following paragraph carefully!
MY LAP BAND SURGERY Corp., MYLAPBANDSURGERY.COM, MAKE NO WARRANTIES AS TO THE RELIABILITY OF ANY DOCTORS CONTACTED THROUGH THIS SERVICE. USERS OF THIS SERVICE ARE SOLELY RESPONSIBLE FOR DETERMINING THE FITNESS OF EACH DOCTOR THEY CONTACT. CORPORATION - MYLAPBANDSURGERY.COM, MY LAP BAND SURGERY INC. CANNOT BE HELD LIABLE FOR ANY DAMAGES, CLAIMS, LOSSES, AND/OR EXPENSES WHATSOEVER RESULTING FROM THE USE OF THIS SERVICE OR WITH LAP-BAND INAMED PRODUCTS, GASTRIC BYPASS, COSMETIC PLASTIC SURGERY PRODUCTS, .
The information on www.mylapbandsurgery.com should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained in www.mylapbandsurgery.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment associated with obesity. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet, or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in www.mylapbandsurgery.com or by the 3rd party advertisers.
Charge backs and Reversals
We handle all charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services. In cases where we have provided a service, whether or not they have used the site in any way, possible actions taken by the company may include disabling access to your account, filing a complaint with the Internet Crimes Bureau or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of services. All cases of chargeback requests will be vigorously fought by the Company. Please be advised that all activity and IP address information is being monitored on the site. This information may be used in a civil and criminal case against a client if there is fraudulent use or theft of services.
Electronic Records
I agree to the use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. My consent applies to EVERY transaction. I hereby waive any objection I may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.
Pricing & Refunds-Terms and Conditions:
My Lap Band Surgery reserves the right to change prices for whatever reason pricing subject to change for all bariatric and/or cosmetic surgeries at any time.
My Lap Band Surgery reserves the right to change prices for whatever reason, pricing subject to change for all bariatric and/or cosmetic surgeries at any time. All Payments & Deposits are non refundable, all credit card processing and wire transfer fees are the patients responsibility. Once a surgery date is scheduled and or deposits have been collected, should a patient desire to cancel a scheduled surgery date the patient (you) are responsible for a 100% processing fee, of the total cost of the surgery. This means (you the patient) are responsible for 100% of the surgery cost no refunds no exceptions.... The patient is totally responsible for this fee no exceptions at all. If you, ( the patient ) cancel a scheduled surgery date and wish to reschedule a new date you will be subject to the current full price & a surcharge of 50% of the total cost of your original price and any previous sale price quote is null and void... Any Refund requests or cancellations must be made in writing by email or certified mail; any refunds do will be processed within 90 days from receipt of request. Surgery dates are not guaranteed by MyLapBandSurgery and my be rescheduled if necessary. Full payment for surgery must be received 2 weeks prior to a scheduled surgery no exceptions ever . Prior to surgery, pictures may have to be emailed or mailed of yourself in advance before we can qualify you for our special pricing for cosmetic surgery. These special prices are based and determined by the surgeon's criteria.
Prior to surgery, pictures may have to be emailed or mailed of yourself in advance before we can qualify you for our special pricing for cosmetic surgery. These special prices are based and determined by the surgeon's criteria.
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