These Terms and Conditions of Use (“Terms”) are a contract between you and RxPharmacist which governs your access to and use of any RxPharmacist website, content, products and/or services made available through RxPharmacist (collectively, the “Site”). RxPharmacist, LLC (“RxPharmacist”, “we” or “us”) is the owner of the RxPharmacist Site. The RxPharmacist Site contains information, including without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by RxPharmacist. Please read these Terms carefully before accessing and using the Site.
Bottom line up front of what’s important for you to know:
Termination. Subject to the foregoing, your license to use the Site will continue for the term of your subscription, provided that you have complied with these Terms. Please note each online course is set for a 90-day access ONLY. Note that access expires when the day begins; for example, if access expires on March 15, 2019 the access ends after midnight on March 14, 2019. RxPharmacist reserves the right to terminate, restrict, or suspend your access to the Site at its discretion upon written notice, as provided herein. RxPharmacist reserves the right, at its sole discretion to tender a prorated refund of any fees paid for the license. Upon any termination, RxPharmacist may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site.
Refunds. At this time, we are not able to offer refunds on any of our products and services.
Shipping: Please note it can take up to 18 business days to ship out a print guide! We highly recommend ordering the online course content.
Terms of Use.
Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing.
If you do not agree to these Terms, do not use the Site.
Amendment of Terms. RxPharmacist may amend the Terms from time to time. Unless RxPharmacist provides a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such Additional Terms and the Terms, the Terms shall control.
License. RxPharmacist grants you a non-exclusive and non-transferable license to use the RxPharmacist Site. You may not download hard copy individual pages of the site for your personal reference. The videos and test banks are available on portable devices for viewing and test taking purposes only. The Information contained on the Site may not be transferred to, shared with or disseminated with anyone for any purpose, including for personal profit, to facilitate unfair competition with the RxPharmacist Site, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms. RxPharmacist reserves all rights, including but not limited to, intellectual property rights not expressly granted to you. The license is for your individual use only and cannot be sold or transferred unless separately, and explicitly authorized in writing by RxPharmacist. Further, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the RxPharmacist Site, any part thereof, or any of the Information received or accessed therefrom, to or through any other person or entity.
Restrictions. Notwithstanding the foregoing, you may not resell, redistribute, broadcast or transfer the Information, or use the Information in a searchable, machine-readable database or file except through authorized access to the RxPharmacist Site. Unauthorized access to the Site is strictly prohibited. You agree to use the Site and Information for lawful purposes only. You agree not to post or transmit any information through the RxPharmacist Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the RxPharmacist Site or Information.
Reporting Violations. Any unauthorized usage by and/or resulting from you or your actions will be reported to your school (if applicable) and/or to the state board for licensed personnel (if applicable). If RxPharmacist has found that passcodes have been shared with anyone else the access will be revoked effective immediately and no reimbursement will be made.
Disruption of Service. If you are unable to continue your studies on either the test bank or online course access and notify the office by email at help@RxPharmacist.com we will stop the service. We are not able to credit back or extend online access that has not been used retrospectively; thus, please notify us at the time that your studies are interrupted. If your studies have been interrupted, please contact help@RxPharmacist.com to place your account on hold. You may place your account on hold a maximum of two (2) times. Service will be reinstated with the same number of days remaining when you notify the office by email at a later date.
User Security Obligations. You agree to make reasonable efforts to ensure that no one other than you, (the “Authorized User”) obtains access, electronically or otherwise, to this site with your login credentials. In the event that you have reason to believe that someone has obtained unauthorized access to this site, you agree (i) to notify RxPharmacist at help@RxPharmacist.com within 24 hours of all information in your possession regarding such potential unauthorized access, (ii) to take reasonable action to resolve the unauthorized access, and (iii) to cooperate with RxPharmacist in eliminating the unauthorized access. Your liability for unauthorized access is limited so long as you, the Authorized User, has not willfully breached the limitations on your license.
Termination. Subject to the foregoing, your license to use the Site will continue for the term of your subscription, provided that you have complied with these Terms. Note that access expires when the day begins; for example, if access expires on March 15, 2019 the access ends after midnight on March 14, 2019. RxPharmacist reserves the right to terminate, restrict, or suspend your access to the Site at its discretion upon written notice, as provided herein. RxPharmacist reserves the right, at its sole discretion to tender a prorated refund of any fees paid for the license. Upon any termination, RxPharmacist may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site.
Refunds.
At this time, we are not able to offer refunds on any of our products and services.
Eligibility; Registration Information and Password; Site Access.
Eligibility Criteria. The availability of all or part of our Site may be limited based on geographic location, or other criteria as RxPharmacist may establish from time to time. You understand and agree RxPharmacist may disallow you from subscribing to RxPharmacist or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase an RxPharmacist subscription. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, THAT YOU ARE AT LEAST 18 YEARS OLD. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
Account Information. You agree that the information you provide to RxPharmacist at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
Privacy and Consent to Share Certain Information. The RxPharmacist Privacy Policy is hereby incorporated into these Terms by reference. When you access content on the Site, we collect information, including, but not limited to, information about the practice tests completed, progression through RxPharmacist material, and lectures you have watched. Information concerning your usage of our site and your progress using our study materials (“User Performance Information”) may be disclosed to third parties such as educational institutions, professors, and product development partners for a variety of purposes, including, monitoring and analyzing practice test responses, and the development of new products and services. To the extent an educational institution (e.g., your school) collects and maintains User Performance Information, that information may be considered an educational record under the Family Educational Rights and Privacy Act (“FERPA”), 20 USC § 1232g. If so, you may have certain rights of access and confidentiality to those educational records, if any, as a student of that institution. By accessing and using RxPharmacist services, you consent to allow free exchange of User Performance Information between RxPharmacist and your educational institution. Please see the Privacy Policy, available on the RxPharmacist website, for more information.
Ownership; Proprietary Rights. The RxPharmacist website is owned and operated by RxPharmacist. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by RxPharmacist (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the copyrighted property of RxPharmacist or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to RxPharmacist or its affiliates and/or third-party licensors. Except as expressly authorized by RxPharmacist, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to RxPharmacist, on RxPharmacist’s registered agent, and, with respect to you, to the email address you provide to RxPharmacist during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, RxPharmacist may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
Copyright, Patent and Trademark Notice. Copyright 2018 RxPharmacist, LLC All rights reserved. The RxPharmacist Site and Information is the valuable, exclusive property of RxPharmacist or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without RxPharmacist’s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. RxPharmacist, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of RxPharmacist, LLC. All other product names and company logos mentioned on the RxPharmacist Site or Information are trademarks of their respective owners.
Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by RxPharmacist to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY RXPHARMACIST. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Disclaimers. To the fullest extent permissible pursuant to applicable law, your use of RxPharmacist products and services is solely at your own risk. In no event shall RxPharmacist be liable for any act, error, or omission by you, including without limitation, any which arises out of or is in any way connected to a User’s use of a video, service or product made available through the Site. You acknowledge and agree that no warranties of any kind are made with respect to the RxPharmacist Site, RxPharmacist App, and other sites. Furthermore, you acknowledge that the Information and links provided through the RxPharmacist Site are compiled from sources that are generally beyond the control of RxPharmacist. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that RxPharmacist and its licensors do not warrant the accuracy or suitability of the Information.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE RXPHARMACIST SITE AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. RXPHARMACIST DOES NOT WARRANT THAT THE RXPHARMACIST SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. RXPHARMACIST EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RXPHARMACIST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE RXPHARMACIST SITE AND RXPHARMACIST APP, AND/OR RXPHARMACIST INFORMATION, INCLUDING WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. UNDER THESE TERMS AND CONDITIONS, YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE RXPHARMACIST SITE AND INFORMATION, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD RXPHARMACIST HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
Warranties. The Site and any downloadable software, content, services, or applications made in conjunction with certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set forth in these terms might not apply to you, and you may have additional rights.
Release. By signing up for a RxPharmacist subscription, you acknowledge and agree to release and discharge RxPharmacist, its directors, officers, managers, members, agents, employees, representatives and instructors, (hereinafter referred to collectively as the “Released Parties”), from any and all liability, claims, demands, causes of action, and expenses, (including attorneys’ fees and costs), whether past, present, or future, for personal injury, death, and/or property damage from any cause whatsoever arising from or in connection with your use of the RxPharmacist platform, even if such injury, death, and/or property damage is caused by a negligent act or omission by Released Parties.
Indemnification. You agree to defend, indemnify and hold RxPharmacist harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms. To the fullest extent permitted by law, you release, indemnify, and hold harmless RxPharmacist, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities arising out of or in any way related to your participation in or use of your RxPharmacist subscription or the Site, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of RxPharmacist or its employees, agents, licensors or contractors and whether or not the relevant claim has merit. In the event that any third-party claim is brought, RxPharmacist has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If RxPharmacist exercised this option, you agree to cooperate with it in asserting any available defenses.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES WILL RXPHARMACIST OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF RXPHARMACIST HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RXPHARMACIST’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. RXPHARMACIST’S LIABILITY TO YOU IS LIMITED TO THE AMOUNTS, IF ANY, PAID BY YOU TO RXPHARMACIST UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER RXPHARMACIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You and RxPharmacist agree that all claims or disputes hereunder, or questions arising out of this Agreement shall be determined only in the federal or state courts located in Volusia County, Florida, to the exclusion of all other courts, and You agree to submit to the jurisdiction of the tribunals of the County of Volusia, State of Florida, including any American Arbitration Association location in the County of Volusia, State of Florida, for the resolution of disputes arising from or relating to this Agreement.
- Arbitration of Disputes. Any claim or controversy arising out of or relating to this Agreement, or the performance of services hereunder, will be determined and settled by binding arbitration in Volusia County, according to the Florida Arbitration Statutes in effect at that time. Notwithstanding the foregoing, disputes arising out of or relating to this Agreement within the monetary limit of the Volusia County Small Claims Court shall be litigated in such court at the request of either Party. You and RxPharmacist hereto agree to pay their own attorneys’ fees associated with the arbitration, and to pay the other costs and expenses of the arbitration as the rules of the American Arbitration Association provide, except that the prevailing party in such arbitration shall be entitled to reimbursement of his/her/its attorney’s fees and costs, in addition to such other relief as such Party shall be entitled.
- Attorney’s Fees. You and RxPharmacist agree that failure to comply with the Arbitration requirements as set forth in Section 16 of this Agreement, renders a prevailing party ineligible to receive attorney’s fees that they would otherwise be entitled to receive. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that Party may be entitled.
- Severability. If any provision of this Agreement or the application of any provision of this Agreement to any person or circumstance is to any extent held to be invalid or unenforceable, the remainder of this Agreement or the application of that provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected, and each provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
- Assignment. RxPharmacist may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns, and licensees.
- Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and RxPharmacist relating to the subject matter herein.
- Waiver. No waiver of any of these Terms by RxPharmacist is binding unless authorized in writing by an executive officer of RxPharmacist. In the event that RxPharmacist waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of RxPharmacist to enforce the same at a later time.
