Terms & Conditions

Please review these Terms of Use carefully.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND ALL BayMark Health Services ENTITIES ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. Introduction

Welcome to the BayMark websites and applications provided by BayMark. These Terms of Use govern your access to and use of all BayMark Sites. By using the BayMark Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the BayMark Sites is unauthorized.

DEFINED TERMS: In these Terms of Use:

  • When we say “BayMark,” we mean BayMark Health Services, Inc. and any subsidiaries of BayMark (including any subsidiaries that BayMark may form or acquire in the future) and their affiliates, directors, officers, employees and agents. We also refer to BayMark as “we,” “us” and “our.” But when we say “BayMark Entities,” we mean BayMark; its suppliers, vendors, contractors, and licensors.
  • When we say “BayMark Sites,” we mean www.BayMark.com, the BayMark Apps, and all related functionality, services, and content offered by or for BayMark on or through www.baymark.com and the BayMark Apps or the systems, servers, and networks used to make the BayMark Sites available.
  • When we say “BayMark Apps,” we mean the official “BayMark App” for iPhone and Android.
  • When we say “you” or “your” we mean any user (like you!) of any BayMark Site and any person who has notice of these Terms of Use.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by BayMark on the BayMark Sites (and any updates by BayMark to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say “Content,” we mean information, program descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the BayMark Sites.
    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the BayMark Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the BayMark Sites through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that BayMark makes available on or through the BayMark SitesTop of Form.
  • WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on BayMark’s liability explained in the Sections below, respectively.
  • UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the BayMark Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use, incorporating such changes or otherwise notify you of such changes. You agree that it your responsibility to regularly check BayMark.com for any updated Terms of Use.  In addition, by continuing to use or access any of the BayMark Sites or otherwise engaging with BayMark after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

2. Your Use of the BayMark Sites

You certify that the Content you provide on or through the BayMark Sites is accurate and that the information you provide on or through the BayMark Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. BayMark is not responsible for any losses arising out of the unauthorized use of your account. You agree that BayMark does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the BayMark Sites. You agree that BayMark is not a party to any such agreement, nor is BayMark responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may  (1) change, restrict access to, suspend, or discontinue the BayMark Sites or any portion of the BayMark Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the BayMark Sites or any portion of the BayMark Sites.

  • In connection with the BayMark Sites, you will not:
    • Make available any Content through or in connection with the BayMark Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
    • Make available through or in connection with the BayMark Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • Use the BayMark Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the BayMark Sites.
    • Interfere with or disrupt the operation of the BayMark Sites or the systems, servers, or networks used to make the BayMark Sites available, including by hacking or defacing any portion of the BayMark Sites; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the BayMark Sites.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the BayMark  Sites except as expressly authorized in these Terms of Use, without BayMark’s express prior written consent.
    • Reverse engineer, decompile, or disassemble any portion of the BayMark Sites, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark, or other proprietary rights notice from the BayMark Sites.
    • Frame or mirror any portion of the BayMark Sites, or otherwise incorporate any portion of the BayMark Sites into any product or service, unless you obtain BayMark’s express prior written consent to do so.
    • Systematically download and store any Materials.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the BayMark Sites, without BayMark’s express prior written consent.
    • Cause injury to any person or entity.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the BayMark Sites or BayMark’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a BayMark trademark, logo, URL, or product name without BayMark’s written consent.
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas

A. Submitting Content and Ideas

BayMark provides functionality that enables users to make available Content and Ideas in connection with the BayMark Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any BayMark Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. BayMark’s Rights to Use Content and Ideas

You grant to BayMark a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that BayMark is free to use any Ideas for any purpose. BayMark may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. BayMark is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to BayMark the right to use any name associated with any Content or Idea that you make available to BayMark, although BayMark has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the BayMark Sites that:

  • is false, fraudulent, inaccurate, or misleading; contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including BayMark), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable; is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BayMark in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from BayMark;
  • contains or relates to chain letters or pyramid schemes; impersonates another business, person, or entity, including BayMark, its related entities, employees, and agents; or
  • violates any policy posted on the BayMark Sites; or is intended to cause harm, damage, disable, or otherwise interfere with the BayMark Sites or our partners.

4. Monitoring by BayMark

  • BayMark will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the BayMark Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by BayMark from time to time. BayMark will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the BayMark Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify BayMark for all claims resulting from any Content you make available.

5. Materials Available on the BayMark Sites

  • BayMark and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The BayMark Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the BayMark Sites, we would appreciate it if you let us know by contacting us at BayMark.com for feedback is a big part of what helps BayMark to get better at helping you!)
  • NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU.

6. Third Party Sites

  • References on BayMark Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. BayMark is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the BayMark Sites operate or otherwise interact, nor is BayMark responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

7. Online Payments

A. Online Payments and Billing

  • You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your BayMark.com account, including on BayMark affiliated sites and properties which you access via your BayMark.com account credentials. BayMark participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting a payment we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel a payment for any reason including inaccuracies, or errors in account billing or billing information, or problems identified by our credit and fraud avoidance department. If your payment is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your request is canceled or if additional information is required to accept your order.

Pricing Information

  • BayMark as it related to patient balances will vary by location. Billing errors may occur on the BayMark Sites. BayMark reserves the right to cancel any transactions, with no further obligations to you, even after your receipt of a payment notice from BayMark. BayMark may, at its discretion, either contact you for instructions or cancel your payment and notify you of such cancellation. Pricing for services may be different on the BayMark Sites or from prices available in BayMark clinics or on BayMark Apps.

Refunds

  • Refunds may be requested at online [email protected] within 14 days of a processing error or discharge from treatment. Refund request submissions made after 14 days should be submitted by the local clinic.

8. Intellectual Property

The BayMark Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to BayMark, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by BayMark to use the BayMark Sites, you may access, view,  download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by BayMark to use the BayMark Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the BayMark Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the BayMark Apps and remove (that is, uninstall and delete) the BayMark Apps from your mobile device.

No license, right, title, or interest in the BayMark Sites or any Materials is transferred to you as a result of your use of the BayMark Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the BayMark Sites. The BayMark Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the BayMark Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the BayMark Sites and Materials is the exclusive property of BayMark and is also protected by U.S. and international copyright laws.

BAYMARK, the BAYMARK.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the BayMark Sites are trademarks or trade dress of BayMark in the U.S. All other marks are the property of their respective companies.

9. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the BayMark Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at https://BayMark.com/help/article/Claims-of-Intellectual-Property-Infringement/9b5c2e81943544c5aad0d446b2456fe1) for instructions on how to contact us to report possible copyright infringement.

10. Privacy

You acknowledge that any personal information that you provide through the BayMark Sites will be used by BayMark in accordance with BayMark’s Privacy Policy (www.baymark.com) which may be updated by BayMark from time to time.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator)  to disclose to BayMark and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the BayMark Privacy Policy for how BayMark treats your data.

11. Third-Party Software & Licensing Notices

  • The BayMark Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, set forth (www.baymark.com) which is incorporated in these Terms of Use by reference.
  • iOS BayMark App

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the BayMark App compatible with the iOS operating system of Apple Inc. (“Apple”):

  • Apple is not a party to these Terms of Use and does not own and is not responsible for any BayMark App. Apple is not providing any warranty for the BayMark App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the BayMark App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the BayMark App, including any third-party product liability claims, claims that the BayMark App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the BayMark App, including those pertaining to intellectual property rights, must be directed to BayMark in accordance with the “How to Contact Us” section.
  • The license you have been granted in these Terms of Use is limited to a non-transferable license to use the BayMark App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the BayMark App, such as your wireless data service agreement.
  • You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, BayMark’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

12. Disclaimer of Warranties

THE BAYMARK SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BAYMARK SITES, AND/OR BAYMARK STORE LOCATIONS, ARE PROVIDED BY BAYMARK ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO BAYMARK ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BAYMARK SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,  YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE BAYMARK SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE BAYMARK SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO BAYMARK ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE BAYMARK SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, BAYMARK ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A BAYMARK ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO BAYMARK ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE BAYMARK SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO BAYMARK ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE BAYMARK SITES.

14. Indemnification

You agree to defend (at BayMark’s option), indemnify, and hold the BayMark Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the BayMark Sites or any breach by you of these Terms of Use. BayMark reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with BayMark if and as requested by BayMark in the defense and settlement of such matter.

15. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the BayMark Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and BayMark will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BAYMARK, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BAYMARK AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

16. Termination

These Terms of Use are effective unless and until terminated by either you or BayMark. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the BayMark Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the BayMark Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or BayMark, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the BayMark Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the BayMark Sites,” “Content and Ideas,” “Monitoring by BayMark,” “Materials Available on the BayMark Sites,” “Merchandise,” “Third Party Sites,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

17. General

These Terms of Use represent the complete agreement and understanding between you and BayMark and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and BayMark. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of BayMark to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit BayMark’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the BayMark Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

18. Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available from  www.baymark.com. Note that we do not endorse any of the products or services listed on such site.

19. How to Contact Us

If you have any questions or comments, please contact us at www.baymark.com or by mail at the following address: BayMark.com, 1720 Lakepointe Drive Suite 117, Lewisville, TX 75057. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

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