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Terms & Conditions, Disclaimer, Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED BY SASHIDHAR V. GANTA, M.D., P.A. AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

If you have any questions about this Notice, please contact:
Office Manager at (512-257-2425) .

Who Will Follow This Notice?

  1. Sashidhar V. Ganta, M.D., P.A.; and
  2. Sashidhar V. Ganta, M.D., P.A. subcontractors.

We understand that medical information about you and your health is personal and are committed to protecting this information. When you receive care from Sashidhar V. Ganta, M.D. P.A.a record of the care and services you receive is made. Typically, this record contains your treatment plan, history and physical, test results, and billing record. This record serves as a:

  1. Basis for planning your treatment and services
  2. Means of communication among the physicians and other health care providers involved in your care;
  3. Means by which you or a third-party payor can verify that services billed were actually provided;
  4. Source of information for public health officials; and
  5. Tool for assessing and continually working to improve the care rendered.

This Notice tells you the ways we may use and disclose your Protected Health Information (referred to herein as “medical information”). It also describes your rights and our obligations regarding the use and disclosure of medical information.

Our Responsibilities

Sashidhar V. Ganta, M.D., P.A.. is required by law to:

  1. Make every effort to maintain the privacy of your medical information;
  2. Provide you with notice of our legal duties and privacy practices with respect to information we collect and maintain about you;
  3. Abide by the terms of this notice;
  4. Notify you if we are unable to agree to a requested restriction;
  5. Accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations; and
  6. Notify you, and the Department of Health & Human Services, of any unauthorized acquisition, access, use or disclosure of your unsecured medical

information. We are required by law to notify you following a breach of unsecured protected health information. Unsecured medical information means medical information not secured by technology that renders the information unusable, unreadable, or indecipherable as required by law.

The Methods in Which We May Use and Disclose Medical Information about You

The following categories describe different ways we may use and disclose your medical information. The examples provided serve only as guidance and do not include every possible use or disclosure.

  • For Treatment
    We will use and disclose your medical information to provide, coordinate, or manage your health care and any related service. For example, we
    may share your information with your primary care physician or other specialists to whom you are referred for follow-up care.
  • For Payment
    We will use and disclose medical information about you so that the treatment and services you receive may be billed and payment may be collected from you, an insurance company, or a third party. For example, we may need to disclose your medical information to a health plan in order for the health plan to pay for the services rendered to you.
  • For Health Care Operations
    We may use and disclose medical information about you for office operations. These uses and disclosures are necessary to run Sashidhar V.
  • Ganta, M.D., P.A.
    in an efficient manner and provide that all patients receive quality care. For example, your medical records and health information may be used in the evaluation of services, and the appropriateness and quality of health care treatment. In addition, medical records are audited for timely documentation and correct billing.
  • Appointment Reminders
    We may use and disclose medical information in order to remind you of an appointment. For example, Sashidhar V. Ganta, M.D., P.A. may provide a written or telephone reminder that your next appointment with Sashidhar V. Ganta, M.D., P.A. is coming up.
  • Research
    Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the surgical outcome of all patients for whom one type of procedure is used to those for whom another procedure is used for the same condition. All research projects, however, are subject to a special approval process. Prior to using or disclosing any medical information, the project must be approved through this research approval process. We will ask for your specific authorization if the researcher will have access to your name, address, or other information that reveals who you are, or will be involved in your care.
  • As Required by Law
    We will disclose medical information about you when required to do so by federal or Texas laws or regulations.
  • To Avert a Serious Threat to Health or Safety
    We may use and disclose medical information about you to medical or law enforcement personnel when necessary to prevent a serious threat to your health and safety or the health and safety of another person.
  • Sale of Practice
    We may use and disclose medical information about you to another health care facility or group of physicians in the sale, transfer, merger, or consolidation of our practice. Special Situations
  • Organ and Tissue Donation
    If you have formally indicated your desire to be an organ donor, we may release medical information to organizations that handle procurement of organ, eye, or tissue transplantations.
  • Military and Veterans
    If you are a member of the armed forces, we may release medical information about you as required by military command authorities.
  • Workers’ Compensation
    We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
  • Qualified Personnel
    We may disclose medical information for management audit, financial audit, or program evaluation, but the personnel may not directly or
    indirectly identify you in any report of the audit or evaluation, or otherwise disclose your identity in any manner.
  • Public Health Risks
    We may disclose medical information about you for public health activities. These activities generally include the following activities:

    • To prevent or control disease, injury, or disability;
    • To report reactions to medications or problems with products;
    • To notify people of recalls of products they may be using;
    • To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and
    • To notify the appropriate government authority if we believe you have been the victim of abuse, neglect, or domestic violence.

    All such disclosures will be made in accordance with the requirements of Texas and federal laws and regulations.

  • Health Oversight Activities
    We may disclose medical information to a health oversight agency for activities authorized by law. Health oversight agencies include public and private agencies authorized by law to oversee the health care system. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, eligibility or compliance, and to enforce health-related civil rights and criminal laws.
  • Lawsuits and Disputes
    If you are involved in certain lawsuits or administrative disputes, we may disclose medical information about you in response to a court or administrative order.
  • Law Enforcement
    We may release medical information if asked to do so by a law enforcement official:
    In response to a court order or subpoena; or If Sashidhar V. Ganta, M.D., P.A.. determines there is a probability of imminent physical injury to you or another person, or immediate mental or emotional injury to you.
  • Coroners, Medical Examiners and Funeral Directors
    We may release medical information to a coroner or medical examiner when authorized by law (e.g., to identify a deceased person or determine the cause of death). We may also release medical information about patients to funeral directors.
  • Inmates
    If you are an inmate of a correctional facility, we may release medical information about you to the correctional facility for the facility to provide you treatment.
  • Other Uses or Disclosures
    Any other use or disclosure of PHI will be made only upon your individual written authorization. You may revoke an authorization at any time provided that it is in writing and we have not already relied on the authorization.
  • Electronic Disclosure
    We may use and disclose your medical information electronically. For example, your medical information is maintained on an electronic health record. If another provider requests a copy of your medical record for treatment purposes, we may forward such record electronically.

DISCLOSURES REQUIRING AUTHORIZATION

Psychotherapy Notes

Psychotherapy notes are notes by a mental health professional that document or analyze the contents of a conversation during a private counseling session – or during a group, joint, or family counseling session. If these notes are maintained separate from the rest of your medical records, they can only be used and disclosed as follows. In general, psychotherapy notes may not be used or disclosed without your written authorization, except in the following circumstances.

Psychotherapy notes about you may be used and disclosed without your written authorization in the following situations:

  1. The mental health professional who created the notes may use them to provide you with further treatment;
  2. The mental health professional who created the notes may disclose them to students, trainees or practitioners in mental health who are learning under upervision to practice or improve their skills in group, joint, family, or individual counseling;
  3. The mental health professional who created the notes may disclose them as necessary to defend himself or herself or Sashidhar V. Ganta, M.D., P.A. .in a legal proceeding initiated by you or your personal representative;
  4. The mental health professional who created the notes may disclose them as required by law;
  5. The mental health professional who created the notes may disclose the notes to appropriate government authorities when necessary to avert a serious and imminent threat to the health or safety of you or another person;
  6. The mental health professional who created the notes may disclose them to the United States Department of Health and Human Services when that agency requests them in order to investigate the mental health professional’s compliance, or Sashidhar V. Ganta, M.D., P.A. compliance, with Federal privacy and confidentiality laws and regulations; and
  7. The mental health professional who created the notes may disclose them to medical examiners and coroners, if necessary, to determine your cause of death.

All other uses and disclosures of psychotherapy notes require your written authorization. You have the right to revoke such authorization in writing.

Marketing

Marketing generally includes a communication made to describe a health-related product or service that may encourage you to purchase or use the product or service. For example, marketing includes communications to you about new state-of-the-art equipment if the equipment manufacturer pays us to send the communication to you. We will obtain your written authorization to use and disclose PHI for marketing purposes unless the communication is made face-to-face, involves a promotional gift of nominal value, or otherwise permitted by law.

All other uses and disclosures of your information for marketing purposes requires your written authorization. You have the right to revoke such authorization in writing. Sale of your Medical Information

Sashidhar V. Ganta, M.D., P.A.. will not sell your medical information for marketing purposes. However, there are instances in which Sashidhar V. Ganta, M.D., P.A.. will sell your PHI. For example, should Sashidhar V. Ganta, M.D., P.A.. merge or the practice is sold to another physician group, your medical record may be part of the asset transfer.

Any other Sale of Protected Health Information requires your written authorization. You have the right to revoke such authorization in writing.

YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION

You have the following rights regarding medical information collected and maintained about you:

Right to Inspect and Copy

The right to inspect and copy medical information that may be used to make decisions about your care. Usually, this includes medical and billing records.

To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to the Privacy Officer for Sashidhar V. Ganta, M.D., P.A. If you request a copy of the information, Sashidhar V. Ganta, M.D., P.A. may charge a fee established by the Texas Medical Board for the costs of copying, mailing, or summarizing your records.

Sashidhar V. Ganta, M.D., P.A. may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed health care professional chosen by Sashidhar V. Ganta, M.D.,

P.A.. will review your request and denial. The person conducting the review will not be the person who denied your request. Sashidhar V. Ganta, M.D., P.A.. will comply with the outcome of the review.

Right to Amend

If you feel that medical information maintained about you is incorrect or incomplete, you may ask Sashidhar V. Ganta, M.D., P.A.to amend the information. You have the right to request an amendment for as long as the information is kept by Sashidhar V. Ganta, M.D., P.A.

To request an amendment, your request must be made in writing and submitted to Sashidhar V. Ganta, M.D., P.A.. In addition, you must provide a reason that supports your request. Sashidhar V. Ganta, M.D., P.A. may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, Sashidhar V. Ganta, M.D., P.A.. may deny your request if you ask us to amend information that:

  • Was not created by Sashidhar V. Ganta, M.D., P.A.., unless the person or entity that created the information is no longer available to make the amendment;
  • Is not part of the medical information kept by Sashidhar V. Ganta, M.D., P.A..;
  • Is not part of the information which you would be permitted to inspect and copy; or
  • Is accurate and complete.

Right to an Accounting of Disclosures

To request an “accounting of disclosures.” This is a list of the disclosures made of your medical information for purposes other than treatment, payment, or health care operations.

To request this list you must submit your request in writing to Sashidhar V. Ganta MD FACS, Physcian . Your request must state a time period, which may not be longer than six (6) years. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. For additional lists within the 12-month period, you may be charged for the cost of providing the list. Sashidhar V. Ganta, M.D., P.A.. will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

Right to Request Restrictions
To request a restriction or limitation on the medical information Sashidhar V. Ganta, M.D., P.A.. uses or discloses about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information Sashidhar V. Ganta, M.D., P.A.. discloses about you to someone who is involved in your care or the payment for your care.

shidhar V. Ganta, M.D., P.A.. is not required to agree to your request, unless the request pertains solely to a healthcare item or service for which Sashidhar V. Ganta, M.D., P.A. has been paid out of pocket in full and: (i) the restriction pertains to payment or a healthcare operation and (ii) the disclosure is not otherwise required by law. Should Sashidhar V. Ganta, M.D., P.A.. agree to your request, Sashidhar V. Ganta, M.D., P.A..

will comply with your request unless the information is needed to provide you emergency treatment.

To request restrictions you must make your request in writing to Sashidhar V. Ganta, M.D., P.A.. In your request, you may indicate: (1) what information you want to limit; (2) whether you want to limit Sashidhar V. Ganta, M.D., P.A. use and/or disclosure; and (3) to whom you want the limits to apply.

Right to Request Confidential Communications
To request that Sashidhar V. Ganta, M.D., P.A.. communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that Sashidhar V. Ganta, M.D., P.A..contact you only at work or by mail.

To request that Sashidhar V. Ganta, M.D., P.A. communicate in a certain manner, you must make your request in writing to the Privacy Officer. You do not have to state a reason for your request. Sashidhar V. Ganta, M.D., P.A. will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

Right to Revoke an Authorization
There are certain types of uses or disclosures that require your express authorization. For example, Sashidhar V. Ganta, M.D., P.A. may not sell your information to a third party for marketing purposes without first obtaining your authorization. If you provide authorization for a particular use or disclosure of your medical information, you may revoke such authorization in writing by contacting Privacy Officer at 11851 Jollyville Rd, Ste 104, Austin, Texas, 78759 . We will honor your revocation except to the extent that we have already taken action in reliance of the specific authorization.

Right to Receive a Copy of this Document
You have a right to obtain a paper copy of this document upon request.

CHANGES TO THIS NOTICE

We reserve the right to change our practices and to make the new provisions effective for all PHI we maintain. Should our information practices change, we will post the amended Notice of Privacy Practices in our office and on our website. You may request that a copy be provided to you by contacting the Privacy Officer.

COMPLAINTS

If you believe your privacy rights have been violated, you may file a complaint with Sashidhar V. Ganta, M.D., P.A. or with the Office for Civil Rights, U.S. Department of Health and Human Services. To file a complaint with Sashidhar V. Ganta, M.D., P.A., contact the Privacy Officer at the practice phone number. Your complaint must be filed within 180 days of when you knew or should have known that the act occurred. The address for the Office of Civil Rights is below. All complaints should be submitted in writing. You will not be penalized for filing a complaint.

Secretary of Health & Human Services
Region VI, Office for Civil Rights
U.S. Department of Health and Human Services
1301 Young Street, Suite 1169
Dallas, TX 75202

Website Terms of Use

Acceptance of the Terms of Use
Welcome to the website of Nuself Bariatrics (Nuself) ("Nuself Bariatrics"), “we” or “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, these “Terms of Use”), govern your access to and use of www.nuself.com, including any content, functionality and services offered on or through www.nuself.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older.

Changes to the Terms of Use

Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction provisions below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Ownership of Website

This Website is created, owned and maintained by Nuself Bariatrics ("Nuself") ("Nuself Bariatrics")

Reliance on Information Posted on this Website

All information posted on or through this Website is general information about Bariatric Surgery and other Weight loss methods intended for educational and informational purposes only. Such information is not meant to be an exhaustive explanation of the subject matter presented or of the indications, results or complications of Bariatric Surgery and other Weight loss methods With any Bariatric Surgery and other Weight loss methods individual results will vary depending on a number of factors, including patient compliance. All information on this Website is believed to be accurate at the time of posting. However, Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") does not represent that the contents of this Website will be updated at all times given the rapid changes in the medical field and the increasing amount of available medical information. Bariatric Surgery is a vast field and a complete discussion of all available information is not possible.

Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes publications, messages, postings, or articles (‘materials”) of third parties. All statements and/or opinions expressed in such materials are solely the opinions and the responsibility of the third parties and do not necessarily reflect the opinion of Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"). We are not responsible, or liable to you or any third party, for the content or accuracy of any third party materials provided on or through this Website.

The material provided on or through this Website do not constitute medical advice, are not a substitute for consultation with and advice from your own physician or surgeon, and should not be used to diagnose or treat any medical illnesses. Any medical or surgical decision should be made in consultation with your own physician or surgeon, and not based on the materials provided on this Website.

Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") does not endorse any specific test, procedure, medical or professional service, physician or surgeon whose materials are posted on this Website.

The information submitted to or through this Web site is NOT treated as confidential. Unless you are provided with a user name or other individual identifier and a secure password do NOT submit Protected Health Information on this Website.

The pictures, videos and opinion published on this Website are of both actual patients and and models. The patients have authorized such posting and are identified as actual patients of Dr. Ganta. Other photos or videotapes are representations of models or actors. The pictures, videos and opinions posted on this website should not be relied on by any user as a representation by Dr. Ganta or Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") that you will achieve the same surgical results. They do not guarantee or predict the results that any particular individual will receive. Your individual Bariatric Surgery results and experience will vary. A decision about whether to have Bariatric Surgery or choosing to choose Dr. Ganta or Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") as your surgeon should not be based on the pictures, videos or opinions published on this Website.

This Website should not be used if you are experiencing a medical emergency. IF YOU THINK THAT YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREAST EMERGENCY ROOM IMMEDIATELY.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy including our policy for email communication

TERMS AND CONDITIONS

Communication on or through this Website does not establish a physician-patient relationship between you and Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"). Dr. Ganta or their affiliates. If you wish to schedule an appointment for a consultation with Dr. Ganta you may do so by contacting his office at: 512/257-2425. A physician-patient relationship can only be established based on an individual evaluation and examination by Dr. Ganta and your provision of informed consent to receive treatment or services from him or another Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") staff member.

By continuing to use this Website you understand and agree that:

  • such use does not establish a physician-patient relationship with us;
  • using Austinbariatric.com or any website accessed through our is not a substitute for the advice of your physician or surgeon;
  • information provided on the Website does not constitute medical advice from Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") or any of its surgeons;
  • use of this Website is not a substitute for your physician’s diagnosis or recommendation for surgery, treatment or services;
  • information on this Website is provided for general information purposes only ;
  • you cannot use this Website for the purpose of obtaining an individual diagnosis, treatment, or prescription for medication;
  • Links to other sites and third party resources are provided for your convenience only, The information is presented “AS IS” and have not been reviewed by us for accuracy. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites;
  • Unless we have provided you with a user name or other identifier and secure password, you should not send Protected Health information through this Website. If you have been provided a secure password, any Information communicated by you to us will be placed in your medical record with Dr. Ganta/ Nuself Bariatrics ("Nuself") ("Nuself Bariatrics");
  • Any communications that you make on or through this Website may not be received by Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") on the same day that you send such communication. Due to the nature of the Internet, your questions may be answered in an untimely manner, or in the sole discretion of the surgeons, not at all;
  • You will NOT use this Website as a substitute for emergency treatment and you will go to the nearest emergency room or call 911 in the event of an emergency;
  • You may contact our office if you are experiencing technical difficulties;
  • All communications and submissions on our Website become the property of Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") and may be reproduced on our public Website and in other media. Any Protected Health Information inadvertently included in such communications will be removed prior to reproduction;
  • Except when required by law, your name or email address will not be disclosed to a third party;
  • Logs produced through our Website are regularly deleted, and drives are formatted regularly; Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") is not associated with, nor does it reflect the views of, any healthcare entity or corporation; and
  • By posting information available through other Websites, and the links to other Websites, Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") is not endorsing or recommending the specific tests, physicians, or procedures discussed on such Websites.

Clinical images and videos presented at this Website are for illustrative purposes only. They do not guarantee or predict the results in any particular individual circumstance. Some images are very graphic and some individuals may find them uncomfortable to see. Please use discretion before viewing any surgical images. If you find these materials offensive or troubling, you may not want to use our Website.

BY READING ANY FURTHER AND CHOOSING TO USE NUSELF BARIATRICS ("NUSELF") ("NUSELF BARIATRICS")’s WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY ON THE USE OF THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AND THE PRIVACY POLICY AND WILL POST ANY

MODIFICATIONS. WE RECOMMEND THAT YOU REVIEW THEM EVERYTIME YOU VISIT THIS WEBSITE OR AT LEAST PERIODICALLY. YOUR CONTINUED ACCESS OR USE OF Austinbariatric.com OR ANY LINKS MADE AVAILABLE THROUGH THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY MEDICAL OR PROFESSIONAL SERVICES THAT YOU OBTAIN AS A RESULT OF USE OF THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NUSELF BARIATRICS ("NUSELF") ("NUSELF BARIATRICS") NOR DR. GANTA OR ANY OTHER NUSELF BARIATRICS ("NUSELF") ("NUSELF BARIATRICS") PHYSICIAN OR SURGEON NOR ANY PERSON ASSOCIATED THEREWITH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NUSELF BARIATRICS ("NUSELF") ("NUSELF BARIATRICS") OR DR. GANTA NOR ANYONE ASSOCIATED WITH THEREWITH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY MEDICAL OR PROFESSIONAL SERVICES THAT YOU OBTAIN AS A RESULT OF USE OF THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NUSELF BARIATRICS ("NUSELF") ("NUSELF BARIATRICS"), DR. GANTA AND THEIR AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL NUSELF BARIATRICS ("NUSELF") ("NUSELF BARIATRICS"), DR. GANTA OR THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR MEDICAL OR PROFESSIONAL SERVICES THAT YOU OBTAIN AS A RESULT OF USE OF THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), Dr. Ganta and their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, any medical or professional services that you obtain as a result of your use of this website other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas [in each case located in the City of Austin and County of Travis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), Dr. Ganta or their affiliates of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns
This website is operated by Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") at 11851 Jollyville Road, Ste 104, Austin, Texas, 78759, Austin, Texas. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to Dr. Ganta at (512) 257 -2425 Monday through Friday from 9:00 a.m. – 5:00 p.m. Thank you for visiting the Website.

About Dr. Ganta

Dr. Ganta practices Bariatric Surgery at Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), 11851 Jollyville Road, Ste 104, Austin, Texas, 78759 and 1213 RR 620, Suite 205 Austin, Texas 78734. He can be reached by calling his office at (512) 257-2425 Monday through Friday from 9:00 a.m. – 5:00 p.m. Please do not communicate with Dr. Ganta about your health concerns by email unless he has an established patient-physician relationship with you, you have signed a consent for him to communicate with you by email, or you have been provided a secured web portal by him for email communications. A doctor-patient relationship cannot be established on the Internet. Responses to individuals who are not established patients are for informational purposes only, not treatment. Patients who send questions through Contact page in website will be answered if it is only informational and can not communicate with them their PHI unless we have consent for email communication. Individual patient information is not stored or disclosed through this Website, with the exception of testimonials authorized to be used by patients for the Website.

Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), Dr. Ganta and his affiliated physicians have a financial interests in, and receive remuneration for the medical and surgical services they provide and products that they sell. Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") provides seminars for existing patients and individuals interested in learning about Bariatric Surgery and other Weight loss methods. These seminars are provided at no cost. Such seminars will be advertised on this Website.

COMPLAINTS
AVISO SOBRE LAS QUEJAS, Las quejas sobre médicos, así como sobre otros profesionales acreditados e inscritos en la Junta de Examinadores Médicos del Estado de Texas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugía, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

NOTICE CONCERNING COMPLAINTS, Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention:

Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit their website at www.tmb.state.tx.us.

USER SUBMISSIONS
Notice of Privacy Practices: Any person, protected health information that you submit to Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") is governed by the Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") Notice of Privacy Practices (NPP). You may download a copy of our NPP from the HIPAA page of our website

If you make any such submission, you agree that you will not send or transmit to Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), by e-mail, (including through the e-mail addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), by e-mail, you agree such submission is non-confidential for all purposes.

If you make any unsolicited submission any business information, idea, concept or invention to Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), by e-mail, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted – Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"), a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Nuself Bariatrics ("Nuself") ("Nuself Bariatrics") may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Nuself Bariatrics ("Nuself") ("Nuself Bariatrics"). We try to answer every e-mail in a timely manner, but are not always able to do so.

USE OF CONTENT & COPYRIGHT NOTICE

Copyright law protects material on Nuself Bariatrics ("Nuself") ("Nuself Bariatrics")’s Website. Reprinting or otherwise reproducing any document in whole or in part is prohibited, unless prior written consent is obtained from the copyright owner.