- 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 “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.
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.
- 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.
- 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.
3. Content and Ideas
A. Submitting 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
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
7. Online Payments
A. Online Payments and Billing
- 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 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
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.
11. Third-Party Software & Licensing Notices
- iOS BayMark App
- 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.
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.
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.
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.