Last Updated: January 17, 2017
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.
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:
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.
You must not:
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: firstname.lastname@example.org.
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.
Additionally, you agree:
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.
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 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:
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.
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:
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:
Our designated Copyright Agent (the “Copyright Agent”) to receive DMCA Notices is:
Eric A. Ivanov
149 Emerald Street, Suite U
Keene, NH 03431
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.
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:
Completed Counter-Notices should be sent to:
Eric A. Ivanov
149 Emerald Street, Suite U
Keene, NH 03431
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
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
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:
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.
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.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
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:email@example.com.
Thank you for visiting the Site!