Terms & Conditions Michael B. Bayless & Associates offers this Web site (the "Bayless site"), including all information, software, products and services available from the site or offered as part of or in conjunction with the Bayless site, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your continued use of the Bayless site constitutes your agreement to all of these Terms and Conditions, and any changes to the Terms and Conditions made by Bayless & Associates. M.B. Bayless & Associates may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use the Bayless site because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEB SITE. No Behavioral Health Advice The information and content provided on Bayless site, including, but not limited to prevention and education materials and clinical guidelines, is general in nature and is provided for informational purposes only. The content provided on the M.B. Bayless & Associates site should not be treated as medical, psychiatric, psychological or behavioral health care advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical or behavioral health condition. Nothing contained on the Bayless site is intended to be used for medical diagnosis or treatment or as a substitute for consultation with a qualified health care professional. Never disregard medical or behavioral health care advice or delay in seeking it because of something you have read on the Bayless site. M.B. Bayless & Associates does not recommend or endorse any specific tests, products or procedures that may be mentioned on the Bayless site. Any opinions expressed on the Web site are the opinions of the individual authors, not of Bayless & Associates. While M.B. Bayless & Associates frequently updates its content, medical information changes rapidly. Therefore, some information might be out of date. Personal and Noncommercial Use The Bayless site is for your personal and noncommercial use. As a condition to your continued use of the Bayless site, you warrant to M.B. Bayless & Associates that you will not use the Bayless site for any purpose that is unlawful or prohibited by these Terms and Conditions. No Warranties USE THE BAYLESS SITE AT YOUR OWN RISK. THE BAYLESS SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. M.B. BAYLESS & ASSOCIATES MAKES NO WARRANTY THAT THE CONTENT CONTAINED ON THIS WEB SITE SATISFIES GOVERNMENTAL REGULATIONS ON PRESCRIPTION DRUG PRODUCTS. Neither M.B. Bayless & Associates nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Bayless site or its operation will be accurate, reliable, uninterrupted or error-free. While Bayless has implemented measures to protect the privacy and security of personal information that you share with us, M.B. Bayless & Associates does not warrant that the Bayless site is immune to all forms of attack by third parties seeking to penetrate our security and privacy measures. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software on your own computer systems. If your use of the Bayless site results in the need for servicing or replacing property, material, equipment or data, M.B. Bayless & Associates is not responsible for those costs. You acknowledge that, in connection with the Bayless site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long-distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Bayless & Associates. Accordingly, M.B. Bayless & Associates assumes no liability for or relating to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with use of the Bayless site. No agent or representative has the authority to create any warranty regarding the Bayless site on behalf of Bayless & Associates. M.B. Bayless & Associates reserves the right to change or discontinue at any time any aspect or feature of the Web site. Exclusion of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BAYLESS & ASSOCIATES OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE BAYLESS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE BAYLESS SITE, DELAY OR INABILITY TO USE THE BAYLESS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE BAYLESS SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Indemnification You agree to defend, indemnify and hold Bayless & Associates, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Bayless site, or any content, product or service offered through the Bayless site, in a manner that violates or is alleged to violate these Terms and Conditions. M.B. Bayless & Associates shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. Hyperlinks The Bayless site may contain hyperlinks to Web sites offered by parties other than Bayless & Associates. Such hyperlinks are provided for your reference and convenience only. M.B. Bayless & Associates does not control such other Web sites and is not responsible for their content, nor does Bayless' inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. These Terms and Conditions apply solely to the M.B. Bayless & Associates site and you should review the terms and conditions of any site that you access through a hyperlink from this site. Unless otherwise prohibited under the terms of this Agreement, you are hereby licensed to create hyperlinks to the content of the Bayless site, provided that the hyperlink accurately describes the content as it appears on the site. M.B. Bayless & Associates reserves the right to revoke this license generally, or your right to use specific links, at any time, and may break any hyperlink at its discretion. Under no circumstances may you "frame" the Bayless site or any of its content or copy portions of this site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Bayless site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the site. Copyright Except for material in the public domain under United States copyright law, all material contained on the Bayless site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Bayless site without the prior consent of the copyright owner. None of the material contained on the Bayless site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Bayless & Associates. You may, however make single copies of materials displayed on the Bayless site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Bayless site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from M.B. Bayless & Associates or the copyright owner of the copied material. Requests to reproduce materials on the Bayless site for distribution or other purposes should be sent to the attention of Legal Counsel at legal@baylessassociates.com. Violation of this provision may result in severe civil and criminal penalties. All content of the Bayless Web site is Copyright © 2005 Bayless & Associates. All rights reserved. Trademarks M.B. Bayless & Associates and baylessassociates.com are trademarks or registered trademarks of M.B. Bayless & Associates and are protected by state and federal trademark laws. Other trademarks appear on the Bayless site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Bayless site may constitute trademark infringement, which could subject you to substantial civil penalties. Termination of Privileges M.B. Bayless & Associates reserves the right to terminate your privilege of using all or any portion of the Bayless site if you breach any of these Terms and Conditions. If Bayless receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, M.B. Bayless & Associates may terminate your access to the Bayless site, including all of your privileges or accounts that you may have established in connection with the Bayless site. Jurisdiction The Bayless site is controlled and operated by M.B. Bayless & Associates from its principal office in the State of Arizona, United States of America. M.B. Bayless & Associates makes no representation that materials on the Bayless site are appropriate or available for use in other locations. Those who choose to access the Bayless site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Bayless site is not intended to subject M.B. Bayless & Associates to the laws or jurisdiction of any state, country or territory other than the State of Arizona and the United States of America. Survival The provisions of these Terms and Conditions entitled "No Warranties," "Exclusion of Liability," "Indemnification," "Jurisdiction" and "General Provisions" will survive the termination of this agreement. General Provisions Except as provided in a particular "Legal Notice" on the Web site, these Terms and Conditions constitute the entire agreement and understanding between you and M.B. Bayless & Associates with respect to use of the Bayless site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Bayless site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notices M.B. Bayless & Associates may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice posted on the Bayless site, or by written communication delivered by first class U.S. mail to your address on record in M.B. Bayless & Associates account information. You may give notice to M.B. Bayless & Associates at any time via electronic mail to Bayless & Associates or by letter delivered by first class postage prepared U.S. mail or overnight courier to the following address: M.B. Bayless & Associates 3620 N. 3rd Street Phoenix, AZ 85012