Terms and Conditions
Last Updated: March 10, 2026
Welcome to the website of Texas Obesity Medicine PLLC, doing business as TOM Weight Loss ("Company," "we," "us," or "our"). By accessing or using our website, you agree to be bound by the following terms and conditions (the "Terms").
1. No Medical Advice
The content on this website—including text, graphics, images, and information—is for informational purposes only.
- Not a Substitute: This content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
- Consult Your Doctor: Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
- Emergencies: If you think you may have a medical emergency, call your doctor or 911 immediately.
2. Services and Eligibility
To use our services, you must be at least 18 years of age or have the consent of a parent or legal guardian. Our clinical services are currently only available to individuals located in states where our providers are licensed to practice. Accessing the website from a jurisdiction where these services are illegal is prohibited. You further agree to abide by the terms of the Medication Refund & Return Policy.
3. Use of the Site
You agree to use this site only for lawful purposes. You are prohibited from:
- Using the site in any way that violates federal, state, or local laws.
- Attempting to interfere with the proper working of the website or bypassing any security measures.
- "Scraping" or using automated systems to extract data from the site.
4. Intellectual Property
All content, logos, and branding (including the "TOM Weight Loss" name) are the property of Texas Obesity Medicine PLLC and are protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without express written consent.
5. Privacy Policy
Your use of the website is also governed by our Privacy Policy and, where applicable, our HIPAA Notice of Privacy Practices. Please review those documents to understand how we handle your personal and protected health information.
6. Limitation of Liability
To the fullest extent permitted by law, Texas Obesity Medicine PLLC shall not be liable for any indirect, incidental, or consequential damages resulting from your use of, or inability to use, this website or the information contained herein.
7. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the site after changes are posted constitutes your acceptance of the new Terms.
8. Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
A. Mandatory Arbitration. You and Texas Obesity Medicine PLLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the use of the Website, or the services provided by TOM Weight Loss (collectively, "Disputes") will be settled by binding individual arbitration rather than in a court of law. This includes claims that arose before you accepted these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this section.
B. Informal Dispute Resolution. Before initiating arbitration, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. If we cannot resolve the dispute within thirty (30) days of your notice, either party may then proceed to binding arbitration.
C. Arbitration Procedures. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in Harris County, Texas, unless you and Texas Obesity Medicine PLLC agree otherwise. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
D. Class Action Waiver. YOU AND TEXAS OBESITY MEDICINE PLLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims.
E. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. However, if your claim for damages does not exceed $5,000, the Parties will pay their own fees unless the Arbitrator determines that the claims brought were frivolous or otherwise improper.
F. Exceptions. Notwithstanding the agreement to arbitrate, either party may:
- Bring an individual action in small claims court.
- Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s intellectual property rights.
- Seek a "Public Injunctive Relief" claim if permitted by law and not waivable.
G. Opt-Out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing [email protected] with your full name and a statement that you opt out of the arbitration provision.
9. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
10. Contact Information
If you have questions about these Terms, please contact us at:
Texas Obesity Medicine PLLC (d/b/a TOM Weight Loss)
5373 W. Alabama St. #204
Houston, TX 77056
713-568-9102
