bbpexams

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

BBP Exams, Inc. ("BBP Exams") provides small and medium sized businesses and organizations with (i) a simple BBP training course (the "BBP Course"). HHS does not certify or recommend any organization as BBP compliant http://www.hhs.gov/ocr/BBP/misleadingmarketing.html. This training course is our interpretation of the HHS BBP guidelines.We are not backed, represented or certified by any network or organization as that may be interpreted as a violation of the law. BBP Compliance is in the implementation of the HHS guidelines not the training. This BBP Course is intended to consolidate and organize the BBP guidelines provided by HHS. It is the responsibility of the individual organizations to implement and comply with BBP. If this does not suite your needs we suggest not using this site.

The following are the terms and conditions for access to this web site and use of the BBP Course. By checking the ‘I accept’ button on the sign-up page or by logging in to BBP Exams, you accept these terms and conditions.

1. Copyright and Trademark Information

Copyright © 2007-2008 BBP Exams, Inc. All rights reserved.

This web site, and the information which it contains, is the property of BBP Exams and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "BBP Exams" and the BBP Exams logo are registered trademarks of BBP Exams, Inc., under the applicable laws of the United States and/or other countries. Other BBP Exams product or service names or logos appearing in this Site are either trademarks or registered trademarks of BBP Exams, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of BBP Exams’s trademark or other intellectual property rights concerning that name or logo.

2. Acknowledgements.

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

• Simply reviewing the BBP Course does not make your organization compliant. You must implement all of the HHS guideline not just review them.
• HHS & State BBP guidelines are constantly changing and being interpreted. You must review them on an on-going basis in order to stay compliant.
• This training course does not encompass your state guidelines.
• No organization is certified by HHS.
• This training course is our interpretation of HHS BBP guidelines.
• BBP Exams takes no responsibility for the content or it's accuracy.
• The BBP Course may only be used for lawful purposes.

3. BBP Course and Support

The BBP Course are provided subject to these Terms and Conditions of Use, as they may be amended by BBP Exams, and any guidelines, rules or operating policies that BBP Exams may establish and post from time to time (collective, the "Agreement"), including without limitation BBP Exams's customer Privacy Policy, as linked from all email generated from BBP Exams or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at BBP Exams's website. The BBP Course are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the BBP Course are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the BBP Course. If you are using the BBP Course in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the BBP Exams sign up web page in order to use the BBP Course. You will need to register separately for the Newsletter Marketing Product. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide BBP Exams's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the BBP Course. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by BBP Exams or its personnel.

5. Restrictions and Responsibilities

5.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the BBP Course or any software, documentation, or data related to the BBP Course ("Software"); remove any proprietary notices or labels from the BBP Course or any Software, modify, translate, or create derivative works based on the BBP Course or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the BBP Course or any Software.

Unless you are an authorized reseller of the BBP Course, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the BBP Course or the Software, or any content, including but not limited to newsletters, distributed to you by BBP Exams in connection with the BBP Course. Violation of these restrictions may result in the termination of this Agreement.

5.2 Permitted Use of the BBP Course. The BBP Course shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the BBP Course or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the BBP Course in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or BBP Course, then you hereby covenant that, prior to engaging in such activities, you will first request that BBP Exams perform such work at its standard professional services rates. BBP Exams can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.

5.3 Compliance with Laws; HHS BBP. You shall use the BBP Course only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although BBP Exams has no obligation to monitor the content provided by you or your use of the BBP Course, BBP Exams may do so and may block any e-mail messages, remove any such content or prohibit any use of the BBP Course that BBP Exams believes may be (or is alleged to be) in violation of the foregoing.

5.4 Indemnification. You hereby agree to defend, indemnify and hold harmless BBP Exams and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the BBP Course or (iii) otherwise arises from or relates to your use of the BBP Course. In addition, you acknowledge and agree that BBP Exams has the right to seek damages when you use the BBP Course for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

5.5 Your Information. In using the varied features of the BBP Course, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to BBP Exams. BBP Exams may use this information and any technical information about your use of the BBP Course to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the BBP Course as a result of solicitation by a marketing partner of BBP Exams, BBP Exams may share your information with the marketing partner and the marketing partner may share related information with BBP Exams. BBP Exams will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from BBP Exams due to unsolicited commercial email being sent from your BBP Exams account. BBP Exams will never sell or rent your contact lists to anyone without your permission. In the event BBP Exams amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

5.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the BBP Course that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the BBP Course, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to BBP Exams or to any third party using the BBP Course, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to BBP Exams by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to BBP Exams by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—BBP Exams a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.

6. Termination

You may terminate this Agreement at any time by calling BBP Exams Customer Support. There are no refunds for any fees paid.

BBP Exams may terminate this Agreement or the BBP Course, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. BBP Exams shall have no liability to you or any third party because of such termination or action.

BBP Exams may delete any of your archived data. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

7. Warranty Disclaimer; Remedies

USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE BBP Course, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. BBP Exams DOES NOT WARRANT THAT THE BBP Course WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND BBP Exams INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the BBP Course shall be for BBP Exams to use commercially reasonable efforts to adjust or repair the BBP Course.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BBP Exams OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "BBP Exams") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BBP Exams SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, BBP Exams IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF BBP Exams TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY BBP Exams TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.