TERMS AND CONDITIONS OF USE
Breakthrough Chronic Care's Website
6. Personal Login Information. Certain features and areas of the BCC 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. BCC 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 BCC 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.
8. 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 the BCC websites and not interfere with the use and enjoyment of the BCC websites by other users or with the BCC 's operation and management of the BCC websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the BCC websites, including, without limitation, information required to be provided through a BCC registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the BCC reserves the right to terminate your access and use of the BCC websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the BCC websites, or defame or otherwise harm any party, including the BCC, through your use of the BCC websites.
10. Proprietary Rights. The content of the BCC websites includes, without limitation, (i) the BCC 's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "BCC 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 the BCC websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as " BCC Content"). BCC Content is the property of the BCC, 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 BCC Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the BCC or the owner of such content if the BCC MA is not the owner. Any use of the AMA Marks without the BCC 's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the BCC Content, including any such notices appearing on any BCC Content you are permitted to download, transmit, display, print, or reproduce from the BCC websites.
11. Responsibility for Use of the Internet and the BCC websites. Use of the Internet and the BCC websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The BCC does not guarantee the confidentiality or security of any communication or other material transmitted to or from the BCC websites over the Internet or other communication networks. The BCC shall not be obligated to correct or update the BCC websites, the BCC Content or the User-Generated Content and the BCC shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the BCC websites.
12. Medical Disclaimer. The BCC 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.
13. Patient Information. The BCC websites, including any public forums which you may access via the BCC 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.
14. Third-Party Information. The BCC 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 the BCC websites are those of the respective third party and not of the BCC or its affiliates. The BCC makes no representation 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.
15. Advertisers. The BCC websites may contain advertisements of third parties. The inclusion of advertisements on the BCC websites does not imply endorsement of the advertised products or services by the BCC. The BCC shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the BCC AMA websites. Further, the BCC shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the BCC websites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
16. Links to Third-Party websites. The BCC 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 the BCC exercises no control. The appearance of any such third party links (provided by the BCC 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 the BCC websites, you do so entirely at your own risk.
17. Links to BCC websites and BCC Content. Links posted by third parties to the BCC websites and/or BCC Content may not use the BCC trademark or logo and shall not suggest that the BCC promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the BCC websites shall be the responsibility of the linking party. The BCC reserves the right to require any linking party to disable or remove any link that violates the BCC 's rights or causes interruption or deterioration of BCC Content.
18. Warranties Disclaimed. THE BCC WEBSITES AND BCC CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE BCC, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY " BCC PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE BCC WEBSITES OR BCC CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE BCC 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 THE BCC WEBSITES WILL MEET YOUR EXPECTATIONS, OR (iv) BCC CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE BCC 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.
20. 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 AMA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
28. 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 the BCC websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Revised March 2019