Terms & Conditions
IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. THE WEBSITE, AND ANY ELECTRONIC MAIL ASSOCIATED WITH THE WEBSITE, ARE NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES. NEWTRI CANNOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO USE THE WEBSITE, AND ANY ELECTRONIC MAIL ASSOCIATED WITH THE WEBSITE, IN THE EVENT OF A MEDICAL EMERGENCY.
- Medical Advice Disclaimer. The information, videos and any reference materials posted by NewTri is intended solely for the information of the reader. Such information and videos should NOT be considered or construed as medical advice or used for treatment purposes and is NOT intended to replace consultation with a qualified medical professional. The Website is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. The information provided on the Website, or through linkages to other websites, is not a substitute for medical or professional care, and you should not use the information or videos in place of a visit, call, consultation or the advice of your physician or other healthcare provider. If you believe you have a health problem, or if you have any questions regarding your health or a medical condition, you should promptly consult your physician or other healthcare provider. Never disregard medical or professional advice, or delay seeking it, because of something you read or view on the Website or a linked website. Never rely on information on the Website in place of seeking professional medical advice. You should also ask your physician or other healthcare provider to assist you in interpreting any information on the Website or on the linked websites, or in applying the information to your individual case. Medical information changes constantly, therefor the information provide on the Website should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on the Website is solely at your own risk.
- License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms. NewTri reserves the right to bar, restrict or suspend any user’s access to the Website, and/or to terminate this license at any time for any reason. NewTri reserves any rights not explicitly granted in these Terms. Any right not expressly granted herein to the user is reserved by NewTri.
- License Restrictions. Unless otherwise expressly stated in these Terms or you receive NewTri’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website, any NewTri Content (as defined below, Section 8), or any portion thereof. Further, you may not (i) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website, including NewTri Content; (ii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Website.
- Your Acceptance; Revisions to Terms. The Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms constitute a legally binding agreement between you and NewTri regarding your use of and access to the Website. By using the Website you agree to the Terms. NewTri reserves the right to revise these Terms at any time in its sole discretion by posting revised Terms to the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the Terms posted at the time of your use. You will be responsible for regularly reviewing the Terms posted to the Website. No revision to these Terms, including to the arbitration provision set forth in Section 19, shall apply to a controversy or claim of which NewTri had actual notice on or before the date of any such revision.
- Personal Login Information. Certain features and areas of the Website are available only with registration and/or a login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you, and you shall not permit any third party to use it under any circumstances. NewTri is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact NewTri immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with NewTri’s operation and management of the Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information on the Website, including, without limitation, information required to be provided through a Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, NewTri reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website.
- Proprietary Rights. The content of the Website includes (or may include), without limitation, (i) NewTri’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “NewTri Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “NewTri Content”). NewTri Content is the property of NewTri, its licensors, content providers, or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any NewTri Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from NewTri or the owner of such content if NewTri is not the owner. Any use of the NewTri Marks without NewTri’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the NewTri Content, including any such notices appearing on any NewTri Content that you are permitted to download, transmit, display, print, or reproduce from the Website.
- Responsibility for Use of the Website and Exclusion of Liability. Use of the Website is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, NewTri does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the Internet or other communication network.
- Insurance Approval; No Refunds. NewTri does not represent or warrant (and expressly disclaims any representations or warranties) that the program provided on this Website will satisfy any particular insurance company’s (including, without limitation, any governmental health insurance program’s) requirements, prerequisites or criteria to be approved for any medical procedure, including without limitation, any form of bariatric surgery. Please consult your insurance company prior to commencing the program provided on this Website to ensure that such program will satisfy your insurance company’s requirements, prerequisites or criteria. No refunds will be issued for any reason, including if the program offered on this Website does not satisfy your insurance company’s requirements, prerequisites or criteria for approval any medical procedure, including without limitation, any form of bariatric surgery.
- Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement. NewTri has adopted the following policy toward copyright infringement on the Website in accordance with the Digital Millennium Copyright Act (the “DMCA”). NewTri respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user-contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied on this Website in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide to NewTri’s Copyright Agent a DMCA notification containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with NewTri by providing the following information to the Copyright Agent at the address below:
- identification, including the specific URLs, of material that NewTri has removed or to which NewTri has disabled access;
- your name, address, telephone number, and email address;
- a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Baltimore County, Maryland if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
- the following statement: “I swear, under penalty of perjury, that it is my good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
- your physical or electronic signature.
Upon receipt of a valid counter-notification, NewTri will forward it to the notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify NewTri that he or she has filed legal action relating to the allegedly infringing material. If NewTri does not receive any such notification within ten (10) days, NewTri may restore the material to the Website at NewTri’s discretion.
NewTri’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By e-mail: support@NewTriHealth.com
- Advertisers. The Website may contain advertisements. The inclusion of advertisements on the Website does not imply endorsement of the advertised products or services. NewTri shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Website. Further, NewTri shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
- Links to Third Party Websites. The Website may provide links to other websites on the Internet for your convenience. These other websites are maintained by third parties over which NewTri exercises no control. The appearance of any such third party link is not intended to endorse any particular company or product. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
- Warranties Disclaimed. THE WEBSITE AND ALL CONTENT THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE.” NONE OF NEWTRI, ITS AFFILIATES, EMPLOYEES, OFFICERS, OR MEMBERS NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY, “NEWTRI PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (ii) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iii) NEWTRI CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Exclusion of and Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE NEWTRI PARTIES WILL NOT BE LIABLE FOR, AND NEWTRI HEREBY DISCLAIMS ON BEHALF OF THE NEWTRI PARTIES, ANY AND ALL LIABILITY FOR ANY CLAIM, LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING OUT OF (i) THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY NEWTRI CONTENT; (ii) ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR NEWTRI CONTENT; (iii) ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) THE PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY PROBLEMS WITH THE CONTENT AND/OR SERVICES OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CAUSES BEYOND NEWTRI’S CONTROL; (viii) THE USE OF, REFERENCE TO, OR RELIANCE ON, THE NEWTRI CONTENT; (ix) ANY THIRD PARTY MATERIALS; OR (x) ANY OTHER MATTER RELATING TO THE WEBSITE OR NEWTRI CONTENT.
IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS, THE WEBSITE AND/OR THE NEWTRI CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT NEWTRI HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
- Exclusions Permitted by Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND NEWTRI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Indemnification. To the fullest extent permitted by law, you shall indemnify, defend, and hold the NewTri Parties harmless from and against any and all claims (“Claims”) arising out of or in any way relating to (a) your use of the Website and/or NewTri Content, and (c) a violation by you of these Terms. Claims shall include any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees incurred by and/or alleged against any NewTri Party. NewTri will attempt to provide prompt written notice of any such Claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure and will not relieve you from any other liability that you may have to the NewTri Parties.
- Term and Termination. These Terms will take effect at the time you begin using the Website. NewTri reserves the right, with or without notice, at any time and for any reason to deny you access to the Website or to any portion thereof, and to terminate these Terms. These Terms will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms at any time by ceasing to use the Website, but all applicable provisions of these Terms will survive such termination. Upon termination, you must destroy all copies of any portion of the Website, including any NewTri Content, in your possession.
- Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Baltimore, MD. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The Circuit Court for Baltimore County (Maryland) and/or the United States District Court for the District of Maryland shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. NewTri reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in a state court located in Maryland or the United States District Court for the District of Maryland.
- Governing Law; Venue. These Terms and all matters regarding your use of the Website shall be governed by, construed in accordance with, and enforced under the laws of the State of Maryland, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings. Exclusive venue and jurisdiction for any dispute arising out of these Terms shall be in Baltimore County, Maryland, and you hereby consent to the jurisdiction and venue of courts located in Baltimore County, Maryland.
- Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
- Contact Information. If you have any questions or concerns regarding these Terms or the Website, please visit our “Contact Us” page.
- Statute of Limitations. 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 by you within one (1) year after such claim or cause of action arose or be forever barred.
- Use of Websites and Content outside of the United States. NewTri makes no claims regarding access or use of the Website or the NewTri Content outside of the United States. If you use or access the Website or the NewTri Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
- Headings. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.
Please check our Terms periodically for changes. We will notify you of material changes or updates. We will post the date of the most recent update at the bottom of the Terms.
Effective date: February 7, 2018