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Terms of Use

Last Updated: January 17, 2017

Introduction; Acceptance of Terms of Use

Welcome to the website of Barton & Associates, Inc. (“Barton” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.bartonassociates.com and any other Barton-branded or -supported websites, web pages, mobile applications, and mobile websites owned or operated by Barton, including any content, functionality, and services offered on or through such websites, web pages, or applications (collectively, the “Site”), whether as a guest, registered user, or otherwise. These Terms of Use shall not apply, however, to any websites, web pages, mobile applications, or mobile websites, whether or not Barton-branded or -supported, that are subject to any separate terms of service, terms of use, or end-user license agreement.

Please read these Terms of Use carefully before you start or continue to use the Site. By using the Site, whether or not you register or provide information thereon, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access, use, or register on the Site. 

The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Barton and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access, use, or register on the Site.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute-resolution provisions set forth in “Governing Law and Jurisdiction” below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. 

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently when accessing or using the Site so you are aware of any changes, as they are binding on you. 

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to visitors and users, including registrants.

You are responsible for:

  • making all arrangements necessary for you to have access to the Site; and
  • ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including without limitation through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user’s, registrant’s, or visitor’s access to or use of the Site at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection, and arrangement thereof) are owned by Barton, its licensors, affiliates, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by any end-user license agreement, terms of service, and/or terms of use for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

If you wish to make any use of material on the Site other than that set out in this section, please address your request to:  info@bartonassociates.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Barton. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Barton name, the term “The Locum Tenens Experts,” the Barton logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Barton or its affiliates or licensors. You must not use such marks without the prior written permission of Barton. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. In addition to other prohibited uses and activities set forth in these Terms of Use, you agree not to use the Site:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including without limitation any laws regarding the export of data or software to and from the U.S. or other countries); 
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • to send, knowingly receive, upload, download, use, or reuse any material which does not comply with the Terms of Use;
  • for commercial, malicious, or harmful purposes (whether harmful to Barton or any third party), including without limitation by interfering with the operation or effectiveness of the Site or Barton’s business;
  • to register on the Site using knowingly false information;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate Barton, any Barton employee, or any other person or entity (including without limitation by using names, IP addresses, email addresses, or any other related information associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Barton, its employees, agents, or affiliates or users, visitors, or contributors of or to the Site, or may expose any of the foregoing to liability.

Additionally, you agree:

  • not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
  • not to use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • not to use any device, software, or routine that interferes with the proper working of the Site;
  • not to introduce any viruses, trojan horses, worms, malware, ransomware, logic bombs, or other material which is malicious or technologically harmful;
  • not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; 
  • not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and
  • otherwise not to attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain blogs, discussion forums, bulletin boards, surveys, quizzes, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users, visitors, and other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out below in these Terms of Use.

Any User Contributions you post will be considered non-confidential and non-proprietary. By providing any User Contributions on the Site, you grant us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors, and assigns the right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors, and assigns; and
  • all of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you—not Barton—have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. 

Monitoring and Enforcement; Termination

We have the right:

  • to remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • to take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Barton or any of its employees. agents, affiliates, business partners, or service providers;
  • to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Site; and 
  • to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, government or quasi-government agencies, or court or administrative order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS BARTON AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, BUSINESS PARTNERS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BARTON OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other protected class;
  • infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • violate the legal rights (including the rights of publicity and privacy under any applicable federal, state, local, and international law) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless the user has obtained our prior written consent; or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement; DMCA

In an effort to ensure the content hosted on the Site is not infringing on another’s rights, we provide an easy process for the submission of complaints regarding User Contributions. To understand this process and our policies related thereto, please review this “Copyright Infringement; DMCA” section where such process and policies are explained and described. 

It is important to note that, whether or not we disable access to or remove User Contributions, we may take reasonable steps to notify the applicable user that we have received a notice of an alleged violation of intellectual property rights or other content violation, and/or to send a written infringement notification to the user who posted the content.  

Reporting Claims of Copyright Infringement 

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent set forth below. If you believe in good faith that your copyright has been infringed, you may provide a written notice to our designated Copyright Agent. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), such written notice (“DMCA Notice(s)”) must include the following:

  • your physical or electronic signature, or the physical signature of the person authorized to act on behalf of the copyright owner;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
  • a sufficiently precise description of the location of the material on the Site that you believe to be infringing to allow us to locate that material;
  • your contact information (including your name, mailing address, telephone number, and email address);
  • a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information in your notice is true and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated Copyright Agent (the “Copyright Agent”) to receive DMCA Notices is:

Eric A. Ivanov

149 Emerald Street, Suite U

Keene, NH 03431

(978) 513-7645

ip@bartonassociates.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that, if you misrepresent that any material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. A false DMCA Notice may also give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting any DMCA Notice.

Counter-Notification Procedures

If you believe that a notice of copyright infringement has been improperly submitted against you, your content was removed, or access to it was disabled by mistake or misidentification, you may submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the DMCA (“Counter-Notice(s)”), which must include substantially the following:

  • your physical or electronic signature;
  • an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled; 
  • your contact information (including your name, mailing address, telephone number, and email address);
  • a statement by you, under penalty of perjury, that you have a 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
  • a statement that you will consent to the jurisdiction of the Federal District Court (i) in the judicial district in which your address is located in the United States, or (ii) located in Suffolk County, Massachusetts, if your address is located outside the United States, and that you will accept service of process from the person (or an agent of that person) who provided the Copyright Agent with the complaint at issue.

Completed Counter-Notices should be sent to:

Eric A. Ivanov

149 Emerald Street, Suite U

Keene, NH 03431

(978) 513-7645

ip@bartonassociates.com

Please be aware that the DMCA allows us to restore the removed or blocked content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you misrepresent that the material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. A false Counter-Notice may also give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting any Counter-Notice.

Notice to Repeat Infringers

It is our policy, in our sole discretion, to disable and/or terminate the accounts of users who infringe or repeatedly infringe the rights of others or otherwise post unlawful content that violates our Terms of Use. 

No Reliance on Information Posted

The information and materials presented on or through the Site are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

No content or any other information, material, or service presented on or through the Site is intended to be used for medical diagnosis or treatment.  To the extent any information or material presented on or through the Site contains or involves clinical or healthcare-related matters, such information or material is not and shall not be considered a substitute for the professional judgment of a healthcare professional in diagnosing or treating patients. Neither Barton nor you are permitted to advise, diagnose, or otherwise treat any users of this Site, except pursuant to a valid, legally compliant patient-practitioner relationship between you and the applicable user(s). Users accessing this information assume full responsibility for the use of the information and agree that we are not responsible or liable for any claims, losses, or damages arising from the use of such information. We do not recommend or endorse any specific drugs, tests, clinicians, practitioners, physicians, products, procedures, opinions, “off-label” drug uses, or other such information that may be mentioned on the Site.

The Site may include content provided by third parties, including materials provided by other users, bloggers, authors, commenters, contributors, editors, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Barton, are solely the opinions and the responsibility of the person, organization, or entity providing those materials. Such materials do not necessarily reflect the opinion of Barton. We are not responsible or liable to you or any third party for the content or accuracy of any materials or information provided by any third parties.

Changes to the Site

We may update any content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the materials, information, or content on the Site may be out of date at any given time, and we are under no obligation to update such materials, information, or content. 

Information about You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish any link in such a way as to suggest any form of association, approval, or endorsement on our part without our express, written consent. 

The Site may provide certain social media features. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • establish a link from any website that is not owned by you;
  • cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site; or
  • otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permissions without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Site is based in the Commonwealth of Massachusetts in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ALL SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BARTON NOR ANY PERSON ASSOCIATED WITH BARTON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BARTON NOR ANYONE ASSOCIATED WITH BARTON REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

BARTON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL BARTON, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Barton, its affiliates, licensors, business partners, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including but not limited to your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice- or conflict-of-law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in Suffolk County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability

No waiver by Barton of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Barton to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Barton with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site. 

Your Comments and Concerns

The Site is operated by Barton & Associates, Inc., 300 Jubilee Drive, Peabody, MA 01960.

All notices of copyright infringement claims should be sent to the Copyright Agent designated above in the manner and by the means set forth herein.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:info@bartonassociates.com.


Thank you for visiting the Site!