Terms of Use

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.

By accessing or using any of TBC Internet properties including, without limitation, thebillupscenter.com, and any others released by TBC from time to time, you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as TBC’s Privacy Policy and Notice of Privacy Practices, which are incorporated by this reference.

You may print or save a copy of these Terms of Use for your records.

License Grant

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use TBC websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use TBC websites and TBC Content (as defined below) for your non-commercial personal use and for no other purpose. TBC reserves the right to bar, restrict or suspend any user’s access to TBC websites, and/or to terminate this license at any time for any reason. TBC reserves any rights not explicitly granted in these Terms of Use.

License Restrictions

Unless otherwise expressly stated in these Terms of Use or you receive TBC’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), TBC websites, any TBC Content (as defined below), or any portion thereof. Further, you may not (i) use TBC websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to TBC websites, including TBC Content; (ii) interfere with the proper working of TBC websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of TBC websites.

Your Acceptance; Revisions to Terms of Use

TBC websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and TBC regarding your use and access to TBC websites. By using TBC websites you agree to the Terms of Use.

TBC reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to TBC websites. Your use of TBC websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to TBC websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which TBC had actual notice on or before the date of any such revision.

Additional Terms and Conditions

TBC’s Privacy Policy, Code of Conduct, as well as additional terms and conditions applicable to certain portions of TBC websites (collectively “Additional Terms and Conditions”) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

Click-Through Agreements

Before using certain areas of TBC websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

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.

Privacy Policy

For information about TBC’s data protection practices and TBC’s use and protection of your personal information, please read TBC’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

User Obligations

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.

User-Generated Content

TBC does not claim ownership of content that you post on or through TBC websites, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by the Code of Conduct. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to TBC a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and create derivative works of the User-Generated Content, subject to TBC’s Privacy Policy.

Proprietary Rights

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.

Medical Disclaimer

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.

Patient Information

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.

Third-Party 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.

Advertisers

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.

Warranties Disclaimed

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

TBC PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE TBC WEBSITES AND/OR ANY TBC CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF TBC WEBSITES AND/OR TBC CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM TBC WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM TBC WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY third-party ON TBC WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF TBC WEBSITES ARISING OUT OF CAUSES BEYOND TBC’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, TBC CONTENT; (ix) OUT OF ANY third-party MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, TBC WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON third-party WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO TBC WEBSITES OR TBC CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, TBC websites and/or TBC Content, your sole right and exclusive remedy is to terminate your use of TBC websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that TBC has no other obligation, liability or responsibility to you or any other party.

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.

Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless TBC Parties from and against all claims arising from or in any way related to your use of TBC websites and/or TBC Content, a violation by you of these Terms of Use, or any other actions connected with your use of TBC websites and/or TBC Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. TBC will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to TBC Parties other than under this Section.

Term and Termination

These Terms of Use will take effect at the time you begin using TBC websites. TBC reserves the right, with or without notice, at any time and for any reason to deny you access to TBC websites or to any portion thereof and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use TBC website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of TBC websites, including any TBC Content, in your possession.

Waiver and Severability

The failure of TBC to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Complete Agreement

These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and TBC relating to TBC websites and its use by you, and supersedes any previous written or oral communication regarding use of TBC websites.

Contact Information

If you have any questions or concerns regarding these Terms of Use or TBC websites, please visit our “Contact Us” page.

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

TBC makes no claims regarding access or use of TBC websites or TBC Content outside of the United States. If you use or access TBC websites or TBC Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

Revised June 2019