Bailey Search Advantage

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Terms of Use

This page states the Terms of Use ("Terms") under which you ("User") may use www.medicalrecruiters.com ("Bailey Search & Associates Web Site"), an on-line website where users may post their resume.

These Terms include Bailey Search & Associates Privacy Statement which is incorporated into these Terms by reference. Please read these Terms carefully. If you do not accept the Terms stated here, do not use Bailey Search & Associates Web Site and its services. By using Bailey Search & Associates Web Site, You agree to be bound by these Terms, including the Bailey Search & Associates Privacy Statement.

Bailey Search & Associates, Inc. ("Bailey Search & Associates") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The term "User" as used herein refer to all individuals and/or entities accessing Bailey Search & Associates Web Site for any reason. The term "post" as used herein shall mean information that you submit, publish or display on any Bailey Search & Associates Web Site (as defined below).

1. Eligibility.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use Bailey Search & Associates Web Site in any manner. By visiting Bailey Search & Associates Web Site or accepting these Terms, you represent and warrant to Bailey Search & Associates that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Bailey Search & Associates that you will use Bailey Search & Associates Web Site in a manner consistent with any and all applicable laws and regulations.

2. Use of Bailey Search & Associates Content.
Bailey Search & Associates authorizes you to view and access a single copy of the content available on or from Bailey Search & Associates Web Site solely for your personal use. The contents of Bailey Search & Associates Web Site, and of all other Web sites under Bailey Search & Associates' control, whether partial or otherwise (Bailey Search & Associates Web Site and such other Web sites are sometimes collectively referred to as "Bailey Search & Associates Web Sites") such as text, graphics, images, logos, button icons, software and other Bailey Search & Associates content (collectively, "Bailey Search & Associates Content"), are protected under both United States and foreign copyright, trademark and other laws. All Bailey Search & Associates Content is the property of Bailey Search & Associates or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Bailey Search & Associates Web Sites is the exclusive property of Bailey Search & Associates and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Bailey Search & Associates Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Bailey Search & Associates Content on any authorized copy You make of the Bailey Search & Associates Content.

You agree not to sell or modify the Bailey Search & Associates Content or reproduce, display, publicly perform, distribute, or otherwise use the Bailey Search & Associates Content in any way for any public or commercial purpose, in connection with products or services that are not those of Bailey Search & Associates Web Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Bailey Search & Associates or its licensors, that dilutes the strength of Bailey Search & Associates' or its licensor's property, or that otherwise infringes Bailey Search & Associates' or its licensor's intellectual property rights. You further agree to in no other way misuse Bailey Search & Associates Content that appears on this Site. The use of the Bailey Search & Associates Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that Bailey Search & Associates creates to generate or display any Bailey Search & Associates Content or the pages making up any Bailey Search & Associates Web Site is also protected by Bailey Search & Associates' copyright and you may not copy or adapt such code.

3. Bailey Search & Associates Web Site Restrictions.
Users may not use any Bailey Search & Associates Web Site in order to transmit, post, distribute, store or destroy material, including without limitation, Bailey Search & Associates Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any Bailey Search & Associates Web Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Bailey Search & Associates Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Bailey Search & Associates will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all of our customers, Bailey Search & Associates reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Bailey Search & Associates' sole discretion from time to time.

4. Specific Prohibited Uses.
The job posting, resume database and other features of Bailey Search & Associates Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

Bailey Search & Associates specifically prohibits any other use of Bailey Search & Associates Web Site, and all Users agree not to do any of the following: (a) post any jobs on any Bailey Search & Associates Web Site for any competitor of Bailey Search & Associates or post jobs or other content that contains links to any site competitive with Bailey Search & Associates; (b) post jobs or content on any Bailey Search & Associates Web Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any Bailey Search & Associates Web Site; (d) use any Bailey Search & Associates Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Bailey Search & Associates web Site or Resume Database to sell or promote any products or services; (e) use Bailey Search & Associates Web Site for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any Bailey Search & Associates Web Site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any Bailey Search & Associates Web Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any Bailey Search & Associates Web Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any Bailey Search & Associates Web Site's infrastructure; (k) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Bailey Search & Associates Web Site other than the search engine and search agents available from Bailey Search & Associates on such Bailey Search & Associates Web Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Bailey Search & Associates Web Site; (m) aggregate, copy or duplicate in any manner any of the Bailey Search & Associates Content or information available from any Bailey Search & Associates Web Site, without express written consent from Bailey Search & Associates; or (n) frame or link to any Bailey Search & Associates Content or information available from any Bailey Search & Associates Web Site.

Bailey Search & Associates does not necessarily monitor all materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Bailey Search & Associates may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Bailey Search & Associates has no liability or responsibility to Users for performance or nonperformance of such activities.

5. Registration Information.
When you register with any Bailey Search & Associates Web Site, you may be asked to create a Bailey Search & Associates Account or profile and provide Bailey Search & Associates with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Bailey Search & Associates' Privacy Statement.

Bailey Search & Associates reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Bailey Search & Associates or by third parties. Please see Bailey Search & Associates' Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, Bailey Search & Associates does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Bailey Search & Associates Web Site or any other Bailey Search & Associates Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

You understand and acknowledge that you have no ownership rights in your Bailey Search & Associates Account, and that if you cancel your Bailey Search & Associates Account, all your account information from Bailey Search & Associates, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in Bailey Search & Associates' databases and will be removed from any public area of the Bailey Search & Associates Web Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Bailey Search & Associates' web servers. In addition, third parties may retain cached copies of your Information.

6. User Content and Submissions.
You are solely responsible for any information (User Content), regardless of the format, you submit to Bailey Search through the Bailey Search & Asscoaites Website. You agree that in submitting User Content or otherwise using any Bailey Search & Associates Web Site that you will not impersonate any person, or submit any materials to Bailey Search & Associates that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

By posting User Content to Bailey Search & Associates Web Site, you automatically grant to Bailey Search & Associates and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any Bailey Search & Associates Web Site, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Bailey Search & Associates Web Site retains any and all rights that may exist in such User Content.

Bailey Search & Associates acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Bailey Search & Associates may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Bailey Search & Associates Web Site. Bailey Search & Associates reserves the right to expel Users and prevent their further access to the Bailey Search & Associates Web Sites and/or use of Bailey Search & Associates services for violating the Terms or applicable laws, rules or regulations. Bailey Search & Associates may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Bailey Search & Associates, damage Bailey Search & Associates' brand or public image, or cause Bailey Search & Associates to lose (in whole or in part) the services of its ISPs or other suppliers.

Bailey Search & Associates does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the Bailey Search & Associates Web Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of any group or individual;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • contains restricted or password only access pages, or hidden pages or images;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
  • solicits passwords or personal identifying information from other Users.

It is also a violation of the Terms, to include in any User Content submitted to Bailey Search & Associates Web Site that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.

Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs.

In order to protect our Bailey Search & Associates Users from commercial advertising or solicitation, Bailey Search & Associates reserves the right to restrict the number of e-mails which a User may send to other Users to a number which Bailey Search & Associates deems appropriate in its sole discretion.

Each candidate made available through the Skilled and Hourly section of Bailey Search & Associates Web Site has taken skills interview(s) offered by Bailey Search & Associates. The results of each skilled and hourly candidate's skills interview are not evaluated by Bailey Search & Associates and should be evaluated by each employer based on such employer's specific criteria. The skills interview(s) are proprietary to Bailey Search & Associates and may be changed from time to time in Bailey Search & Associates' discretion. The skills interview(s) do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Bailey Search & Associates does not independently verify the information provided by candidates or the identity of candidates.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Bailey Search & Associates may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Bailey Search & Associates has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and the Bailey Search & Associates Web Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Bailey Search & Associates. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Bailey Search & Associates shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

9. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any Bailey Search & Associates Web Site and is accessible on such Bailey Search & Associates Web Site in a way that constitutes copyright or trademark infringement, please print and complete the Bailey Search & Associates Proprietary Rights Complaint Process and Notification Form and send such completed form to our designated agent.

We have designated Robert Bailey as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the Bailey Search & Associates Web Sites. You can contact Robert as follows:

  • By mail:
    Robert Bailey
    Senior Vice President
    Bailey Search & Associates
    104 Crandon Blvd
    Suite 300
    Miami, Florida 33149
  • By telephone:
    1-205-365-7890
  • Send us:
    Bailey Search & Associates Proprietary Rights Complaint Process and Notification Form

10. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Bailey Search & Associates, Inc., and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of Bailey Search & Associates Web Site, You agree not to use Bailey Search & Associates Web Site or any other Bailey Search & Associates Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Bailey Search & Associates Web Site Users, and block access to Bailey Search & Associates Web Site and/or the other Bailey Search & Associates Web Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

11. Bailey Search & Associates's Liability.
Bailey Search & Associates Web Site acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. Bailey Search & Associates is not involved in the actual transaction between employers and candidates. As a result, Bailey Search & Associates has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Bailey Search & Associates makes no representations about any jobs, resumes or User Content on Bailey Search & Associates Web Site. Bailey Search & Associates may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Bailey Search & Associates, damage Bailey Search & Associates' brand or public image, or cause Bailey Search & Associates to lose (in whole or in part) the services of its ISPs or other suppliers. While Bailey Search & Associates reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from Bailey Search & Associates Web Site from time to time, Bailey Search & Associates does not assume any obligation to do so and disclaims any liability for failing to take any such action.

Bailey Search & Associates Networking provides a venue for individuals to network for professional purposes and Bailey Search & Associates does not screen or censor the Profiles or User Content on Bailey Search & Associates Web Site. Bailey Search & Associates is not involved in the actual communications between Bailey Search & Associates Users. As a result, Bailey Search & Associates has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on Bailey Search & Associates Web Site and makes no representations about any Profile or User Content on Bailey Search & Associates Web Site.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through Bailey Search & Associates Web Site and/or the other Bailey Search & Associates Web Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Bailey Search & Associates Web Site.

Because User authentication on the Internet is difficult, Bailey Search & Associates cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Bailey Search & Associates Web Site, in the event that You have a dispute with one or more Users, You release Bailey Search & Associates (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

The Bailey Search & Associates Web Sites and the Bailey Search & Associates Content may contain inaccuracies or typographical errors. Bailey Search & Associates makes no representations about the accuracy, reliability, completeness, or timeliness of any Bailey Search & Associates Web Site or the Bailey Search & Associates Content. The use of all Bailey Search & Associates Web Sites and the Bailey Search & Associates Content is at your own risk. Changes are periodically made to Bailey Search & Associates Web Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Bailey Search & Associates Web Sites. Employers are solely responsible for their postings on Bailey Search & Associates Web Sites. Bailey Search & Associates is not to be considered to be an employer with respect to your use of any Bailey Search & Associates Web Site and Bailey Search & Associates shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Bailey Search & Associates Web Site.

Bailey Search & Associates cannot guarantee and does not promise any specific results from use of Bailey Search & Associates Web Site or any Bailey Search & Associates Web Site. No advice or information, whether oral or written, obtained by a User from Bailey Search & Associates or through or from Bailey Search & Associates Web Site shall create any warranty not expressly stated herein.

12. Disclaimer of Warranty.
BAILEY SEARCH & ASSOCIATES DOES NOT WARRANT THAT ANY BAILEY SEARCH & ASSOCIATES WEB SITE WILL OPERATE ERROR-FREE OR THAT ANY BAILEY SEARCH & ASSOCIATES WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY BAILEY SEARCH & ASSOCIATES WEB SITE OR THE BAILEY SEARCH & ASSOCIATES CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BAILEY SEARCH & ASSOCIATES IS NOT RESPONSIBLE FOR THOSE COSTS. THE BAILEY SEARCH & ASSOCIATES WEB SITES AND BAILEY SEARCH & ASSOCIATES CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BAILEY SEARCH & ASSOCIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BAILEY SEARCH & ASSOCIATES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE BAILEY SEARCH & ASSOCIATES CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

13. Disclaimer of Consequential Damages.
IN NO EVENT SHALL BAILEY SEARCH & ASSOCIATES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY BAILEY SEARCH & ASSOCIATES WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY BAILEY SEARCH & ASSOCIATES WEB SITE AND THE BAILEY SEARCH & ASSOCIATES CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAILEY SEARCH & ASSOCIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability.
BAILEY SEARCH & ASSOCIATES'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY BAILEY SEARCH & ASSOCIATES WEB SITE OR YOUR USE OF THE BAILEY SEARCH & ASSOCIATES CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

15. Links to Other Sites.
Bailey Search & Associates Web Site may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Bailey Search & Associates of the contents on such third-party Web sites. Bailey Search & Associates is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

16. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Bailey Search & Associates Web Site.

17. Indemnity.
You agree to defend, indemnify, and hold harmless Bailey Search & Associates, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Bailey Search & Associates Web Site, (ii) your use of any Bailey Search & Associates Content, or (iii) your breach of the terms of these Terms. Bailey Search & Associates shall provide notice to You promptly of any such claim, suit, or proceeding.

18. General.
Bailey Search & Associates makes no claims that the Bailey Search & Associates Content may be lawfully viewed or accessed outside of the United States. Access to the Bailey Search & Associates Content may not be legal by certain persons or in certain countries. If You access a Bailey Search & Associates Web Site or other U.S.-based Bailey Search & Associates Web Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Bailey Search & Associates' failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Bailey Search & Associates's ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of Bailey Search & Associates Web Site, a particular "Legal Notice," or software license or material on particular Bailey Search & Associates Web Site pages, these Terms constitute the entire agreement between You and Bailey Search & Associates with respect to the use of Bailey Search & Associates Web Site. No changes to these Terms shall be made except by a revised posting on this page.

19. Additional Terms.
Certain areas of Bailey Search & Associates Web Site are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

20. Bailey Search & Associates Learning.
Bailey Search & Associates represents and offers various educational and instructional materials on its Web Site. Bailey Search & Associates is not responsible for any loss, damage, liability, expense or other problem or cost that You may incur or that may arise as a result of any material received by You from the Bailey Search & Associates Web Site.

21. Term and Termination
These Terms will remain in full force and effect while you are a User of Bailey Search & Associates Web Site at any level. Bailey Search & Associates reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Bailey Search & Associates Web Site and the other Bailey Search & Associates Web Sites and immediate termination of your registration with or ability to access Bailey Search & Associates Web Site and/or any other services provided to You by Bailey Search & Associates, upon any breach by You of these Terms or if Bailey Search & Associates is unable to verify or authenticate any information You submit to Bailey Search & Associates Web Site or pursuant to other Bailey Search & Associates Web Site registration. Even after You are no longer a User of Bailey Search & Associates Web Site, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 11 through 20, inclusive.

These Terms constitute a binding agreement between You and Bailey Search & Associates, and is accepted by You upon your use of the Bailey Search & Associates Web Site.

 

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