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 PLASTICSURGERYPV.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, PLASTICSURGERYPV.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 PLASTICSURGERYPV.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 PLASTICSURGERYPV.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 PLASTICSURGERYPV.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. Miguel Saldana.  Dr. Saldana 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, Medasist, or Amerimed 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 PLASTICSURGERYPV.com website is the copyrighted property of Weight Loss Team, Inc., hereinafter referred to as, (WLTinc) 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., 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 PLASTICSURGERYPV.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. Saldana'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 Weight Loss Team Inc., Site. If you participate in any Forum within a (WLTinc) Site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a (WLTinc) Site by way of any Forum is routed through (WLTinc) 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) 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 (WLTinc) Site. By using the (WLTinc) Sites you agree not to do any of the following:

  1. 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;

  2. 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;

  3. 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,

  4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;

  5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

  6. 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;

  7. 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;

  8. 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 (WLTinc) SITE

You should be aware that when you are on a (WLTinc) Site, including PLASTICSURGERYPV.com,  you could be directed to other sites that are beyond our control. There are links to other sites from (WLTinc) pages that take you outside of our websites.  You acknowledge that when you click on a link that leaves a (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 (WLTinc) is not responsible for those sites. We reserve the right to disable links from third-party sites to any (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 (WLTinc) Site.

DISCLAIMER

THE MATERIALS IN THE (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 (WLTinc) SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY (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 (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.  WEIGHT LOSS TEAM INC. IS A CALIFORNIA CORPORATION THAT IS NOT AFFILIATED IN ANY WAY WITH DR. MIGUEL SALDANA.  WEIGHT LOSS TEAM INC. PROVIDES TRAVEL RELATED SERVICES AND SCHEDULING INFORMATION PERTAINING TO PLASTIC SURGERY IN MEXICO.  NEITHER WEIGHT LOSS TEAM INC., PLASTICSURGERYPV.COM NOR GERALD A. WITT ARE EMPLOYEES OF DR. SALDANA, WHO IS SOLELY LICENSED TO PRACTICE MEDICINE IN THE STATE OF JALISCO AND IN THE COUNTRY OF MEXICO.  WEIGHT LOSS TEAM INC., GERALD A. WITT AND PLASTICSURGERYPV.COM AS WELL AS THE WEBSITE PLASTICSURGERYPV.COM SOLELY PROVIDE REFERENCES FOR DR. SALDANA 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. SALDANA, YOU AGREE TO HOLD HARMLESS WEIGHT LOSS TEAM INC., PLASTICSURGERYPV.COM, AND GERALD WITT FROM ANY AND ALL INJURIES SUSTAINED DURING ANY PROCEDURE EITHER NEGLIGENT, INTENTIONAL OR MALPRACTICE, PERFORMED BY DR. MIGUEL SALDANA.  YOU ALSO HEREBY AGREE TO PAY FOR ANY AND ALL EXPENSES, COSTS AND LEGAL FEES THAT WEIGHT LOSS TEAM INC., PLASTICSURGERYPV.COM, AND GERALD WITT MAY AND WILL INCUR IF YOU BRING SUIT AGAINST ANY OF THESE NAMED PARTIES OR DR. MIGUEL SALDANA.  YOU ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO SEEK ATTORNEY FEES AND COSTS RELATED TO ANY LITIGATION AGAINST WEIGHT LOSS TEAM INC., PLASTICSURGERYPV.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., PLASTICSURGERYPV.COM AND GERALD WITT ADVISE YOU TO FULLY RESEARCH YOUR DECISION TO ENTER INTO PLASTIC 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. SALDANA, 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.

(WLTinc) explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any (WLTinc) Site. We cannot ensure that you will be satisfied with any products or services that you receive from Dr. Miguel Saldana 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

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. Miguel Saldana.  This fee is for all of the travel related services provided.

INDEMNIFICATION

You hereby agree to indemnify, and hold 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. Miguel Saldana. 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 (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 (WLTinc) SITE.
 

JURISDICTIONAL ISSUES

PLASTICSURGERYPV.com is owned, controlled and operated by Weight Loss Team Inc. and its affiliates including Gerald Witt, from its U.S. offices in California. We make no representation that materials on any (WLTinc) Site are appropriate or available for use in any particular location.  Those who choose to access a (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 (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 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.  Please note all fees are the responsibility of the party bringing the charges and by using this website you agree to reimburse 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 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 (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. 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
Weight Loss Team Inc.
4950 Edgerton Ave.
Encino, CA 91436
 

We may immediately terminate these terms of use with respect to you (including your access to any and all (WLTinc) Sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all (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.plasticsurgerypv.com/legal.html)   shall be filed only in the state 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: (WLTinc)

Name of Agent Designated to Receive Notification of Claimed Infringement: Gerald Witt

Full Address of Designated Agent to Which Notification Should be Sent: 4950 Edgerton Ave., Encino CA. 91436

Telephone Number of Designated Agent: (818) 281-2738

Facsimile Number of Designated Agent: (818) 462-3494

E-Mail Address of Designated Agent: info@plasticsurgerypv.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. 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;

  3. 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;

  4. 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;

  5. 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

  6. 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.

DATE OF LAST CHANGE: Sept. 7 2006