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.
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.
You agree that you will not make available Content in connection with the BayMark Sites that:
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.
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.
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.
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.
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.
If you have any questions or comments, please contact us at www.baymark.com or by mail at the following address: BayMark Health Services, 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.