Before-and-after images and testimonials published on this website are of actual patient results. However, each individual patient’s treatment and/or results may differ based upon the patient’s unique experiences as well as the healthcare provider’s medical judgment and only after further consultation and evaluation of the patient’s specific goals, risks and benefits and other relevant medical discussion. The images, testimonials and statements made by any person(s) within this Website are not intended to substitute for this discussion or evaluation, and do not represent or guarantee any particular treatment outcome or experience. Any decision to accept treatment should be assessed by the patient after considering all risks and benefits of any such procedure(s) and only after consultation with a licensed medical doctor.

Some of the patients featured in the before-and-after images and testimonials on the Website are paid Bariatric Institute ambassadors.

Disclaimers

The material and information on the Website may contain technical, typographical or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing or availability) and may not be complete or current. BARIATRIC INSTITUTE DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. Bariatric Institute may change any material or information on the Website at any time, for any reason or no reason at all, without prior notice, but BARIATRIC INSTITUTE DOES NOT MAKE ANY COMMITMENT TO UPDATE MATERIAL OR INFORMATION ON THE WEBSITE. BARIATRIC INSTITUTE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. Bariatric Institute has not reviewed all of the sites to which links appear on the Website and is not responsible for their contents. The inclusion of any such link on the Website does not imply endorsement by Bariatric Institute of any linked website, the use of which is at the user's own risk.

Warranty Disclaimer

WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND ITS ENTIRE CONTENTS ARE MADE AVAILABLE BY BARIATRIC INSTITUTE “AS IS, WHERE IS” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE WEBSITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE WEBSITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE WEBSITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME, FOR ANY REASON OR NO REASON AT ALL, WITHOUT PRIOR NOTICE. BARIATRIC INSTITUTE DOES NOT REPRESENT OR WARRANT THAT ANY WEBSITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY BARIATRIC INSTITUTE WEBSITE OR LANDING PAGE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Communicating with You

As part of your use of the Website and/or Bariatric Institute services, you may receive notifications, text messages, calls, emails, and other electronic communications that are automatically dialed, pre-recorded and/or sent. Bariatric Institute and its related companies, affiliates, and managed entities may need or want to send you certain communications, such as marketing communications, service announcements, and administrative messages. Bariatric Institute may obtain additional, separate consent from you for such communications.

You consent to receive such communications and agree that any such communications that Bariatric Institute sends to you shall be legally effective when sent. You agree that any notices sent by Bariatric Institute by email satisfy any requirement that the notices be provided in writing. If you do not agree, do not accept this Agreement or use this Website. You may have the right to withdraw your consent to receiving certain electronic communications, and, when required by law, Bariatric Institute will provide you with paper copies of all documents and records upon request. If you withdraw your consent, we reserve the right to immediately terminate our agreements with you. To receive or access the notices we send via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in Portable Document Format (“PDF”). To retain the notices Bariatric Institute sends you, your device or computer must have the ability to download and store electronic communications, including PDF files. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send. You may change your email address for notification purposes at any time by contacting. 

You are responsible for any messaging or data fees you may be charged by your wireless carrier.

Indemnity

You will indemnify, defend, and hold harmless Bariatric Institute and its related companies, affiliates, and managed entities and their respective shareholders, members, profits interest holders, officers, directors, employees, consultants, affiliates, agents, licensors, contractors, estates and assigns from and against any and all claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (1) your access to or use of the Website, (2) Your Content, (3) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (4) your violation of any law or the rights of a third party. Bariatric Institute reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation of Liability

NEITHER BARIATRIC INSTITUTE NOR ITS RELATED COMPANIES, AFFILIATES OR MANAGED ENTITIES, NOR ANY OF THEIR SHAREHOLDERS, MEMBERS, PROFITS INTEREST HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, CONTRACTORS, HEIRS, ESTATES OR ASSIGNS, NOR ANY OTHER PARTY INVOLVED IN OWNING, CREATING, PRODUCING, OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BARIATRIC INSTITUTE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL BARIATRIC INSTITUTE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNTS YOU HAVE PAID TO BARIATRIC INSTITUTE FOR USE OF THE WEBSITE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BARIATRIC INSTITUTE, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BARIATRIC INSTITUTE AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BARIATRIC INSTITUTE ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BARIATRIC INSTITUTE.

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND BARIATRIC INSTITUTE ARISING OUT OF OR RELATING TO THESE TERMS AND THE WEBSITE (COLLECTIVELY, “DISPUTES”) WILL, TO THE EXTENT PERMITTED BY LAW, BE GOVERNED BY THE ARBITRATION PROCEDURE OUTLINED BELOW.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THE TERMS OF USE AS A COURT WOULD.

IT IS IMPORTANT THAT YOU FULLY UNDERSTAND THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND BARIATRIC INSTITUTE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR CLAIMS THAT ARE COVERED BY THIS “DISPUTE RESOLUTION” CLAUSE. THE ARBITRATOR’S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF ARIZONA. 

• SCOPE. THE PARTIES AGREE THAT THE ARBITRATOR AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
  
  
• GOVERNING LAW. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE TERMS AND THE RESOLUTION OF ANY DISPUTES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.
   
• INFORMAL DISPUTE RESOLUTION. WE WANT TO ADDRESS YOUR CONCERNS WITHOUT NEEDING A FORMAL LEGAL CASE. BEFORE FILING A CLAIM AGAINST BARIATRIC INSTITUTE, YOU AGREE TO TRY TO RESOLVE THE DISPUTE INFORMALLY BY CONTACTING US. WE’LL TRY TO RESOLVE THE DISPUTE INFORMALLY BY CONTACTING. IF A DISPUTE IS NOT RESOLVED WITHIN FORTY-FIVE (45) BUSINESS DAYS AFTER SUBMISSION, YOU OR BARIATRIC INSTITUTE MAY BRING A FORMAL PROCEEDING.
  
  
• WE BOTH AGREE TO ARBITRATE. YOU AND BARIATRIC INSTITUTE AGREE TO RESOLVE ANY AND ALL DISPUTES THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS SET FORTH UNDER EXCEPTIONS TO AGREEMENT TO ARBITRATE BELOW.
  
  
• ARBITRATION PROCEDURES. THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) WILL ADMINISTER THE ARBITRATION UNDER ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. THE ARBITRATION WILL BE HELD IN PHOENIX, AZ. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, BARIATRIC INSTITUTE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. DISAGREEMENTS REGARDING THE LOCATION IN WHICH ARBITRATION HEARINGS WILL BE HELD SHALL BE SETTLED BY THE ARBITRATOR.
  
  
• ARBITRATION FEES. IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA’S CONSUMER ARBITRATION RULES. REGARDLESS OF WHO INITIATES ARBITRATION, BARIATRIC INSTITUTE WILL PAY THE CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING THE CUSTOMER’S ATTORNEYS’ FEES) UP TO A MAXIMUM OF THREE THOUSAND AND FIVE HUNDRED DOLLARS ($3,500). IF THE ARBITRATOR RULES AGAINST BARIATRIC INSTITUTE, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, BARIATRIC INSTITUTE WILL REIMBURSE THE CUSTOMER’S REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF THREE THOUSAND DOLLARS ($3,000), REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN BARIATRIC INSTITUTE’S FAVOR, WE WILL NOT SEEK REIMBURSEMENT OF BARIATRIC INSTITUTE’S ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.
  
  
• EXCEPTIONS TO AGREEMENT TO ARBITRATE. EITHER YOU OR BARIATRIC INSTITUTE MAY ASSERT CLAIMS, IF THEY QUALIFY, IN SMALL CLAIMS COURT.
  
  
• NO CLASS ACTIONS. YOU MAY ONLY RESOLVE DISPUTES WITH BARIATRIC INSTITUTE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER OUR AGREEMENT.
  
  
• JUDICIAL FORUM FOR DISPUTES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF THE AGREEMENT TO ARBITRATE IS FOUND NOT TO APPLY TO YOU OR YOUR CLAIM, YOU AND BARIATRIC INSTITUTE AGREE THAT ANY JUDICIAL PROCEEDING (OTHER THAN SMALL CLAIMS ACTIONS) WILL BE BROUGHT IN THE FEDERAL OR STATE COURTS OF MARICOPA COUNTY, ARIZONA. BOTH YOU AND BARIATRIC INSTITUTE IRREVOCABLY CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL.
  
  
• LIMITATION ON CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE THAT CLAIM OR CAUSE OF ACTION WILL BE BARRED FOREVER.
  
  
• SEVERABILITY. IF ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE FOR ANY REASON OR NO REASON AT ALL, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.

IMPORTANT NOTICES

• THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS AND NOT PART OF ANY CLASS OR REPRESENTATIVE ACTION. PLEASE REFER TO THE “DISPUTE RESOLUTION” AGREEMENT TO ARBITRATE SECTION BELOW.
  
  
• THE WEBSITE IS INTENDED TO PROVIDE GENERAL AND EDUCATIONAL INFORMATION ABOUT BARIATRIC INSTITUTE AND BARIATRIC-RELATED DISEASES AND TREATMENTS. THEY ARE NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOM OR SITUATION IS URGENT OR LIFE-THREATENING, CALL 911 IMMEDIATELY.
  
  
• THE WEBSITE IS NOT AN ATTEMPT TO PRACTICE MEDICINE OR PROVIDE SPECIFIC MEDICAL ADVICE, NOR DOES THE USE OF THE WEBSITE CONSTITUTE THE PROVISION OF TREATMENT TO A USER OR ESTABLISH A DOCTOR-PATIENT RELATIONSHIP.
  
  
• THE WEBSITE AND BARIATRIC INSTITUTE CONTENT ARE FOR YOUR OWN GENERAL, PERSONAL, AND EDUCATIONAL PURPOSES ONLY.
  
  
• APPLICATION OF OR RELIANCE ON ANY OF THE CONTENT, TECHNIQUES, IDEAS, OR SUGGESTIONS ACCESSED THROUGH THE WEBSITE ARE AT YOUR SOLE AND ABSOLUTE DISCRETION AND RISK.