The Billups Center Websites comprises various Web pages operated by The Billups Center (TBC).
The TBC Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TBC Websites constitutes your agreement to all such terms, conditions, and notices.
Additional Terms and Conditions
Personal Login Information.
Certain features and areas of TBC websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third-party to use it under any circumstances. TBC is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact TBC immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of TBC websites and not interfere with the use and enjoyment of TBC websites by other users or with TBC’s operation and management of TBC websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on TBC websites, including, without limitation, information required to be provided through a TBC registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, TBC reserves the right to terminate your access and use of TBC websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using TBC websites, or defame or otherwise harm any party, including TBC, through your use of TBC websites.
The content of TBC websites includes, without limitation, (i) TBC’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “TBC Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through TBC websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “TBC Content”). TBC Content is the property of TBC, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any TBC Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from TBC or the owner of such content if TBC is not the owner. Any use of TBC Marks without TBC’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in TBC Content, including any such notices appearing on any TBC Content you are permitted to download, transmit, display, print, or reproduce from TBC websites.
Responsibility for Use of the Internet and TBC websites
Use of the Internet and TBC websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. TBC does not guarantee the confidentiality or security of any communication or other material transmitted to or from TBC websites over the Internet or other communication networks. TBC shall not be obligated to correct or update TBC websites, TBC Content or the User-Generated Content and TBC shall not be liable for omissions, typographical errors, or out-of-date information which may appear on TBC websites.
TBC Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
TBC websites, including any public forums which you may access via TBC websites, may contain confidential patient information (“Patient Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
TBC websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of TBC websites are those of the respective third-party and not of TBC or its affiliates. TBC makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
TBC websites may contain advertisements of third parties. The inclusion of advertisements on TBC websites does not imply endorsement of the advertised products or services by TBC. TBC shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on TBC websites. Further, TBC shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on TBC websites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Links to third-party websites
TBC websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which TBC exercises no control. The appearance of any such third-party links (provided by TBC or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to TBC websites, you do so entirely at your own risk.
Links to TBC websites and TBC Content
Links posted by third parties to TBC websites and/or TBC Content may not use TBC trademark or logo and shall not suggest that TBC promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of TBC websites shall be the responsibility of the linking party. TBC reserves the right to require any linking party to disable or remove any link that violates TBC’s rights or causes interruption or deterioration of TBC Content.
TBC WEBSITES AND TBC CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER TBC, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “TBC PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) TBC WEBSITES OR TBC CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO TBC WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TBC WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) TBC CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON TBC WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability
Exclusions permitted by law
SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TBC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Term and Termination
Waiver and Severability
Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of TBC websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of TBC websites and TBC Content outside of the United States
Revised June 2019