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Terms and conditions of use

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1. ACCEPTANCE

This document (hereinafter, the “Agreement”) establishes the terms and conditions of Bariatrics Body Art Surgical, with address at Diego Rivera 2311, Zona Urbana Rio Tijuana, 22010 Tijuana, B.C. Mexico that will apply to the access and use by the User of this website (the “Website”). We ask you to read this Contract carefully.

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By accessing, consulting or using the Website, Users (“You”, “you”, “User”, or “user”) agree to comply with the terms and conditions established in this Agreement. If you do not agree to be bound by these terms and conditions, you may not access or use the Website. Bariatrics Body Art Surgical, and its respective affiliated companies (collectively) reserve the right to update this Agreement from time to time. 

Consequently, we recommend that the User periodically review the modifications made to the Contract.

 

This Website is directed exclusively to residents of the United Mexican States. Users residing or domiciled in another country who wish to access and use the Website will do so at their own risk and responsibility, so they must ensure that said access and/or use complies with the applicable legislation in their country.

2. USER REQUIREMENTS

The Website and the services related to it are offered to Users who have the legal capacity to enter into legally binding contracts under applicable law. Minors are not authorized to use the Website. If you are a minor, please do not use this website.

3. LICENSE

In this act, Bariatrics Body Art Surgical grants the User a limited, non-exclusive, non-transferable, non-assignable and revocable license; to consult and download, temporarily, a copy of the content offered on the Website, solely for the User's personal use or within his or her company, and never for commercial purposes.

All material displayed or offered on the Website, including, but not limited to, artwork, documents, text, images, sound, video, audio, illustrations, software and HTML code (collectively, the “Content”) , is the exclusive property of Bariatrics Body Art Surgical or the companies that provide said material.

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The Content is protected by Mexican, US and international copyright laws, as well as other laws, regulations and rules applicable to intellectual property rights. Unless expressly provided otherwise in this contract, and/or unless by legal imperative this is expressly permitted by laws repealing those currently in force, the User may not (i) use, copy, modify, display, delete, distribute, download , store, reproduce, transmit, publish, sell, resell, adapt, reverse the creation process or create derivative products from, the Content. Nor may you (ii) use the Content on other Web pages or in any media, such as in a network environment, without the prior written authorization in this regard from Bariatrics Body Art Surgical.

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All trademarks, service marks and logos (“Marks”) displayed on the Website are the exclusive property of Bariatrics Body Art Surgical and their respective owners. The User may not use the Marks in any way without the prior written authorization to do so from Bariatrics Body Art Surgical and the respective owners.

4. GENERAL PROHIBITION 

By accessing and using the Website, the User agrees NOT to:

  • Failure to comply with all applicable laws, regulations and standards at the local, state, provincial, national (Mexico) level, as well as any other applicable legislation such as anti-employment discrimination laws or equal employment opportunity laws, where applicable;

  • Infringing intellectual property and privacy rights, including patent rights (copyright), database rights, trademarks or know-how of third parties;

  • Download, send, transmit or store material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, hostile, obscene or objectionable; violates the User's contractual or confidentiality obligations; disrupts or interferes with the normal applications of the Website, such as sending or transmitting viruses, worms or Trojan horses, sending repeated material or sending unusually large files; or that is not permitted by Bariatrics Body Art Surgical, such as, for example, unauthorized advertising material, unsolicited promotional material, “junk mail, “spam”, “chain letters”, pyramid direct sales messages, franchises, promotional material distribution, club membership, sales contracts or any other unacceptable material;

  • Violate the personal and privacy rights of third parties by abusing the Content, such as, for example, continually harassing or bothering said people by sending them unsolicited emails, or collecting personal information;

  • Contravene, or attempt to contravene, the security measures of the Website;

  • Use any device, procedure or mechanism, such as spiders and crawling robots, to locate, rescue, search, or access the Website or the Content, without the prior written consent of Bariatrics Body Art Surgical;

  • Access or attempt to access the account or login of third parties or companies indicated on the Website;

  • Copy, modify, reproduce, delete, distribute, download, store, transmit, sell, resell, publish, reverse the creation process or create derivative products from the Content, except with regard to the material sent by the User himself and that is your property, or if authorized by applicable intellectual property laws;

  • Impersonate another person or company;

  • Use the Website in an unauthorized manner or for any criminal activity;

  • Forge header information in the email.

  • False data about yourself, your association with third parties or your company.

5. USE OF THE SITE AND SPECIFIC OBLIGATIONS

In addition to the general obligations indicated in Article 5, the User must:

  1. Use the Website only for legally permitted purposes;

  2. Provide and maintain the personal data that make up the User Information in a complete, correct, updated and truthful manner;

  3. Send only material for which the User has the corresponding rights or license to do so;

  4. Use your own judgment, caution and common sense when managing information obtained through the Website; 

  5. Assume the risk of trusting the content, or using the information, provided by third parties.

6. ACCOUNT AND PASSWORD

When the User uses the Website, they may choose to open an account on the Site. In that case, the User will receive the corresponding virtual account number and initial password. It is the sole responsibility of the User:

  1. Maintain the confidentiality of such virtual account numbers and password;

  2. Frequently update and check your password; 

  3. Immediately notify Bariatrics Body Art Surgical if you become aware of any unauthorized use of your account or any breach of security measures.

  4. Any reservation, purchase of packages, products or classes is the total responsibility of the user who owns the account. 

7. LINKS TO THIRD PARTY WEB PAGES

The Website may have links, such as hyperlinks or links, that indicate access to third-party websites (the “Related Sites”). Although I Bariatrics Body Art Surgical reviews third party material and only allows inclusion of Related Sites that, to the best of its knowledge and belief, do not violate applicable laws, Bariatrics Body Art Surgical cannot control or track Related Sites and, consequently, will not assume any responsibility as to the accuracy, security or reliability of the material, information or content included in such Related Sites.

The inclusion of the Related Sites on the Website does not imply any relationship or association between Bariatrics Body Art Surgical and the owner of the Related Sites, nor the approval or promotion by Bariatrics Body Art Surgical of said Related Sites. Bariatrics Body Art Surgical includes the Related Sites solely as a convenience to the User. This is solely responsible for access to the Related Sites.

The User must use their own good judgment, caution and common sense when disusing the Related Sites and, to this end, we recommend that they review the conditions of use and the terms that govern privacy on said Related Sites. Bariatrics Body Art Surgical reserves the right to remove from its Website all Related Sites of which it has actual knowledge that are infringing the rights of third parties and/or whose content violates applicable legislation, or if required to do so by a court order or an administrative ordinance.

Links to our website are not permitted without the express prior written authorization of Bariatrics Body Art Surgical. The User may not, either alone or in collaboration with other people, expand, modify, replace, amend or limit, in whole or in part, the information offered on our website or its functional applications. Furthermore, the User may not, either alone or in collaboration with other people, create or install links from their own Web page or from third-party websites, to this Web page (whether through hypertext links, deep-linking, framing, by codes or otherwise), in whole or in part, without the prior written consent in this regard from Bariatrics Body Art Surgical.

8. PRIVACY

Bariatrics Body Art Surgical will process all personal information that the User enters or provides through our Website in accordance with the Website Privacy Policy and the terms and conditions related to it in this contract.

9. COOKIES

What are cookies?

On this website we use cookies. Cookies are text files containing small amounts of information, which are downloaded to your computer or mobile device when you visit a website. With each new visit to the same page, the stored data is retrieved by the origin server. They are useful because they allow a website to recognize the user's computer.

Cookies cannot transmit viruses and do not harm your computer.

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What cookies do we use?

A. Strictly necessary cookies:

These are cookies necessary for the correct functioning of the website and cannot be deleted from our servers. They are generally activated in response to the request for actions such as defining your privacy preferences, accessing (login) or filling out forms. You can set your browser to block them or notify you about them, but some of the services available on the site may no longer be operational. These cookies do not store any type of personal information.

B. Remarketing and tracking cookies

On our website we use tracking cookies provided by DoubleClick. We use them to improve our advertising and provide you with relevant content, improve reporting on campaign performance, and prevent ads from being displayed that you have already seen.

DoubleClick cookies contain the IP address but no other personal information. Sometimes the cookie contains an additional identifier that resembles the cookie ID. This identifier is used to detect a campaign to which a user was previously exposed; but no other personal information is stored by DoubleClick in the cookie.

The following information is collected: the browser and operating system you use, the bandwidth being used, the time of day the cookie is accepted, the website you are visiting when the cookie is accepted, as well as your IP address.

Additionally, Google states that it never links information collected from cookies with data the company obtains through its other products and services.

The collected IP addresses are anonymized after 09 months and the cookie data after 18 months. After that period they are no longer used.

C. Analytical cookies:

We use technology provided by the Google Analytics service. We use cookies to collect information about visitor behavior on our site. This information is used to compile measurements that contribute to improvements in its operation. These cookies automatically expire six months after your last visit.

These cookies collect information anonymously. We do not use them to record personal information about our visitors.

The following information is collected: the number of visitors to our website, how visitors arrived at our website and which pages of our website they visited.

By using this website you agree to us installing these analytical cookies on your computer or mobile device.

D. Social media plugins:

On our website we use buttons so that you can share our content on social networks such as 'Facebook', 'Twitter', 'LinkedIn' and 'YouTube'. For this function, we depend on external scripts. We draw your attention to the possibility that these platforms may collect information about your internet browsing habits, even if you do not click on any of the buttons on our website. Please note that the transmitted data is outside the radius of our control. To find out the purpose and scope of the collection, the conditions of use of your data, as well as how to prevent its use, please visit the privacy policy of the respective social network provider.

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How can cookies be disabled?

More information about activating/deactivating and deleting cookies is found in the privacy policy of the browser installed on your computer (see the options in the help menu available in the browser or consult your provider's website).

For more information about the use of cookies on mobile devices and how you can disable and delete them, please consult the manufacturer's instructions.

If you would like to block all Google Analytics cookies automatically, please visit the following website:

https://Tools.Google.com/dlpage/gaoptout
 More general clarifications about cookies can be found on the following web page: www.allaboutcookies.org

10. INDEMNIFICATION

The User agrees to indemnify, defend in litigation and exonerate Bariatrics Body Art Surgical from all liability, the parent company and its subsidiary and affiliated companies, as well as the directors, managers, salespeople and employees of all of them, against third party claims (compensation includes, among others, the expenses of intervening lawyers and legal costs) filed based on, or derived from, the access by the User to the Website and the use that the User makes of the Website. same, the Information provided by the User, or the breach by the User of the terms and conditions of this contract.

11. DISCLAIMER

THE USER ACKNOWLEDGES AND AGREES THAT:

  • THE USER ASSUMES ALL RISKS RELATING TO, OR ARISING FROM, THE USER'S USE, CONSULTATION OR ACCESS TO THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY;

  • WITHIN THE LEGAL LIMITS, Bariatrics Body Art Surgical HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR LIABILITY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, PROHIBITION OF MISUSE AND USE COMMON IN COMMERCIAL PRACTICE OR IN NEGOTIATIONS IN THIS SECTOR; 

  • THE USER AGREES AT THE TIME OF BOOKING A CLASS THROUGH THE Bariatrics Body Art Surgical SITE THAT THE USER WILL NOT HAVE ANY INJURY OR SUFFER ANY HEART DISEASE THAT AFFECTS THEIR HEALTH STATUS.

  • Bariatrics Body Art Surgical EXPRESSLY DISCLAIMS ANY WARRANTY OR DIRECT LIABILITY IN THE SCENARIO OF ANY USER SUFFERING AN INJURY DURING A TRAINING SESSION. 

  • IN THE EVENT THAT THE EQUIPMENT (BICYCLE) LOANED TO THE USER SUFFERS ANY MALICIOUS DAMAGE, THIS MUST BE COVERED BY THE CUSTOMER IN ITS ENTIRETY EITHER IN CASH OR THROUGH A RETENTION THROUGH THE Bariatrics Body Art Surgical WEBSITE.

  • ANY DAMAGE, THEFT OR HARMFUL ACT DONE TO ANY USER'S VEHICLE DURING THEIR STAY AT THE FACILITIES IS THE RESPONSIBILITY OF PLAZA AMERICANA OTAY AND THE USER. CYLCUB EXPRESSLY DISCLAIMS ANY LIABILITY.

  • ALTHOUGH Bariatrics Body Art Surgical HAS ANTI-VIRUS SYSTEMS AND ADOPTS SECURITY MEASURES TO PROTECT THE WEBSITE AND ITS CONTENT FROM ALL TYPES OF COMPUTER ATTACKS IN ORDER TO REDUCE THE LEVEL OF RISK, Bariatrics Body Art Surgical HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING: 

  • THAT THE WEBSITE AND ITS CONTENT WILL ALWAYS BE FREE OF ERRORS OR VIRUSES OR WILL NEVER SUFFER ATTACKS FROM THIRD PARTIES;

  • THE UNINTERRUPTED AND ALWAYS SECURE OPERATION OF THE WEBSITE; 

  • THE PERMANENT AVAILABILITY OF THE SITE; (IV) WHETHER OR NOT THE WEBSITE MEETS THE USER'S NEEDS; And 

  • THE RELIABILITY, ACCURACY, INTEGRITY, VALIDITY OR TRUTHFULNESS OF THE INFORMATION PROVIDED BY THE USER.

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12. LIABILITY AND LIMITATION OF LIABILITY

USER AGREES TO ASSUME ALL RISKS ASSOCIATED WITH OR ARISING FROM THE USE OF THE WEBSITE OR THE INFORMATION PROVIDED BY USER, INCLUDING, BUT NOT LIMITED TO, THE RISK OF ECONOMIC LOSS, PROPERTY DAMAGE, AND COSTS OF DEALING WITH OTHERS. USERS OF THE WEBSITE (WHETHER UNKNOWN, MINORS, FOREIGNERS OR PEOPLE ACTING UNDER FALSE IDENTITY). THE USER ALSO AGREES TO RELEASE Bariatrics Body Art Surgical, THE PARENT COMPANY AND ITS SUBSIDIARY AND AFFILIATED COMPANIES, AS WELL AS THE DIRECTORS, MANAGERS, SALES AND EMPLOYEES OF ALL OF THEM, FROM ALL LIABILITY AGAINST CLAIMS, DEMANDS OR CLAIMS FOR COMPENSATION FOR DAMAGES (DIRECT, INDIRECT AND CONSEQUENTIAL) OF ANY KIND, KNOWN OR UNKNOWN, WHICH MAY BE BROUGHT BASED ON OR ARISING FROM THE USE OF THE WEBSITE, THE INFORMATION PROVIDED BY THE USER OR THE TRANSACTIONS IN WHICH OCCUR AS A RESULT OF THE USER'S USE OF THE WEBSITE. ALWAYS WITHIN THE LEGAL LIMITS, THE USER ASSUMES AND AGREES THAT IN NO EVENT WILL Bariatrics Body Art Surgical, ITS PARENT COMPANY, SUBSIDIARY AND AFFILIATED COMPANIES, OR NOR WILL THEIR DIRECTORS, BUSINESSES, EMPLOYEES OR SUPPLIERS OF ANY OF THEM, ASSUME ANY RESPONSIBILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGES AND PURELY ECONOMIC DAMAGES), OR FOR LOST PROFITS, LOSS OF CUSTOMER PORTFOLIO, LOSS OF REVENUE OR DATA OR DUE TO INTERRUPTION OF USE, REGARDLESS OF THE CAUSE THAT CAUSED THEM - BREACH OF CONTRACT, TORT OF CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE) OR BREACH OF WARRANTY - EVEN IF Bariatrics Body Art Surgical HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN THE EVENT SOME JURISDICTION PROHIBITS THE EXCLUSION OF CERTAIN WARRANTIES, LIMITATION OF LIABILITY OR DISCLAIMER WITH RESPECT TO CERTAIN DAMAGES, Bariatrics Body Art Surgical'S CUMULATIVE LIABILITY FOR DAMAGES SHALL NOT EXCEED US$10.00 (TEN US DOLLARS). UNITED STATES OF AMERICA), IF PERMITTED BY APPLICABLE LAW. IN ANY CASE, THE ABOVE LIMITATION OF LIABILITY SHALL NOT APPLY TO CONSUMERS OR TO DAMAGES CAUSED BY INTENTION OR GROSS NEGLIGENCE.

 

13. TERMINATION

Bariatrics Body Art Surgical may, in its sole discretion, terminate the services offered on its Website and remove any Content thereon. Bariatrics Body Art Surgical may also, at any time, for any justified or unjustified reason and without having to notify in advance of its decision, suspend the User's access to any of, or all, the services offered on the Website. In the event that the User decides to cancel their account, they must stop accessing and no longer use the Website. Bariatrics Body Art Surgical will have no obligation to maintain or return the Information provided by the User, their account, their virtual account number and their password. The User must always have a copy of the Information provided.

 

14. GENERAL

The User declares that there is no relationship of employment contract, association, agency or joint venture between him and Bariatrics Body Art Surgical, derived from the access and use of the Website.

This Contract integrates all the agreements that the User and Bariatrics Body Art Surgical have reached in relation to access and use of the Website, and is additionally subscribed to any binding agreement that may exist between the User and Bariatrics Body Art Surgical.

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This Contract will be governed and interpreted by Mexican legislation and the User submits to the exclusive jurisdiction of the Mexican courts. If the User consults, accesses, sends information or downloads material from the Website from outside Mexico, the User will be solely responsible for his or her actions and will assume all risks. The User may not use or export the Content of the Website or make any copy or adaptation in violation of applicable laws, regulations or standards, including US export laws and regulations.

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The fact that one of the parties does not exercise at a given time or delays in exercising the rights and actions granted to it by virtue of this Contract, may not be interpreted as a waiver thereof. The invalidity or inapplicability of any of these terms and conditions - in whole or in part - or of the rights derived from this Agreement, will not affect the validity or applicability of the other rights, terms and conditions, or the rest of the provision. in question, which will continue in full force and effect, excluding only the invalid clause (or the part that is invalidated in said clause).

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