TERMS AND CONDITIONS - Last Updated June 4, 2013
Important Notice to Users of the PharmAchieve® Websites (the "Websites")
This User Agreement is a contract between you and the PharmAchieve Corporation Ltd ("PharmAchieve"), the owners and operators of the Websites (including QBank.PharmAchieve.com, PharmAchieve.com and Answers.Pharmachieve.com), and applied to your subscription for use of products, services and other resources available through PharmAchieve's web sites. If you do not agree to be bound by the terms and conditions, please do not use or access the Websites, and please exit the Websites immediately.
You must read, agree with, and accept all of the terms and conditions before you may become a subscriber to and user of the Websites.
We may amend this Agreement at any time by linking to the amended terms on the homepage of QBank.PharmAchieve.com. Except as stated below, all amended terms shall be effective immediately upon posting on our Websites.
In this Agreement, "you" or "your" will refer to any person or entity subscribing to and/or using the Websites (each one a "User" and collectively "Users"). Unless otherwise stated, "PharmAchieve," "we" or "our" will each refer to PharmAchieve, a business name used by its owners and operators.
READ THE FOLLOWING TERMS, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE ENTERING AND/OR USING THE PHARMACHIEVE WEBSITES.
Copyright: All materials published on the Websites (including, but not limited to articles, blog entries, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Sites (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by PharmAchieve Corporation Ltd. or the party credited as the provider of such Content, software or other materials.
License: In consideration of and subject to your payment of the appropriate subscription fee for subscribing to the Websites, and your agreement to, and compliance with, these terms and conditions set forth in this Agreement, PharmAchieve grants to you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to use and access the content posted at the Websites (the "Licensed Material") according to the terms and conditions. This license is only for your personal and non-commercial use of the Websites, Software and the Licensed Material from your account. Other persons are not permitted to use your account to access the Licensed Materials. You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials.
Restrictions on Access: You may access the Websites during the Term from multiple places, locations and computers, but you are not allowed to access the Licensed Materials from more than one place, location or computer at the same time. All accounts at PharmAchieve are monitored to detect shared accounts. In the event that PharmAchieve believes in its sole and absolute discretion that an account is being used by multiple users from the same account or if PharmAchieve determines the account is being used by different countries, ISPs, or geographic regions, or notes multiple simultaneous logins, or is being used in different locations across distances that a human being could not be reasonably able to travel within the time frames the account was used (e.g. for instance, use in different continents within a span of a few minutes) PharmAchieve reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract, copyright infringement, and other available legal claims. Therefore, do not disclose your account details to anyone.
Monitoring: The User authorizes PharmAchieve software
to access the computer on which the self-assessment exam is being taken, and monitor every keyboard stroke for that computer while
the software is active. The User also agrees to only use a computer mouse when taking quizzes. In the event that keyboard strokes indicating possible copying
are detected, PharmAchieve reserves the right to suspend the User's subscription, report such unethical actions to pharmacy regulatory bodies, and
pursue legal action if necessary.
Damages: The User also acknowledges that PharmAchieve has put in place mechanisms to trace the content of each question, and downloaded video or audio lecture to each individual use and in the case of a breach will use this information to trace the information breach to the User. If the User is found to by any means, to have publicly shared, whether advertently or inadvertently, PharmAchieve's confidential information including but not limited to its course notes, course materials, lectures, videos, or quizzes, or practice exam questions, the User will be held liable by PharmAchieve for all damages and costs including but not limited to (A) the cost to develop, edit, and post the question (B) a fee equivalent to the then current QBank subscription cost for each downloaded item and (C) all legal costs and (D) fees for lost productivity.
Restrictions to your computer: The PharmAchieve software is designed to access your computer system's clipboard during use of the PharmAchieve software. While a test is in progress, the PharmAchieve software shall disable all clipboard functions of your computer system (including, but not limited to, copy-paste-print and save-to-disk functions). Furthermore, the PharmAchieve software shall monitor all processes on your computer to determine if there exists any applications that could be used (intentionally or unintentionally) to copy contents. Simultaneous use of such applications (hereafter referred to as "dubious applications") with the PharmAchieve software constitutes a violation of this agreement. PharmAchieve reserves the right to determine which application classifies as a "dubious application". When such a process (or) application is found to be active on a User's machine, the administrator will be notified with the "dubious" process name. In addition, PharmAchieve reserves the right to disable the launch of any test(s), if any such "dubious application" is found to be active on the User's computer system. The User will not be able to switch between applications when PharmAchieve software is running. The User also understands and acknowledges this disabled function as part of the subscription terms.
Access to Course Content: You shall be allowed to use the Licensed Materials for the specific course(s) to which you have subscribed. Each course has its own subscription fees and duration. You are not allowed to access the content of courses that you have not subscribed to. Subscribing to one course (like the QBank for the MCQ) does not mean that you will have access to all materials.
Subscription Term: The license granted to you under this Agreement includes the right to use and access the Licensed Materials for the course(s) you have subscribed to for the subscription period of the applicable course(s). At the end of this period, your right to use and access the Licensed Materials will expire automatically, unless you renew your subscription under the then current version of this Agreement. This Agreement and your license to use the Licensed Materials are also subject to termination by PharmAchieve, at its sole and absolute discretion, if you fail to comply with any of the terms or conditions of this Agreement.
System-Browser Requirements and conditions: This site is optimized for computer systems with a minimum of Windows XP/ME/Vista/System 7 or Mac OS 10.4+, 256 MB RAM, 100MB of disk space, Google Chrome Web Browser, a monitor with a minimum resolution of 1024 x 768 pixels, and a broadband internet connection. Older computer systems may see slower performance. We currently do not support other computers, operating systems, or browsers, such as Linux and Opera, or slower internet connections. Any attempt to use the PharmAchieve software with lower versions constitutes a violation of the terms and conditions set forth in this agreement, and might result in unexpected behavior, for which PharmAchieve cannot be held responsible or liable for any damages. The software has been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, PharmAchieve does not guarantee the functionality of its software on every configuration, nor does PharmAchieve guarantee predictable behavior of the software in general. You recognize all of the above terms and accept that use of the PharmAchieve software on your system is done solely at your own risk.
Refunds: Except as otherwise provided in this agreement or at the sole discretion of PharmAchieve, no refunds, cancellations, or changes to subscriptions will be allowed. PharmAchieve reserves the right to refuse a refund if the User is found to be in violation of Terms and Conditions or acting against PharmAchieve's interest.
Extended Subscription: If you do not pass the MCQ while using the corresponding PharmAchieve product, you may be eligible for an extension of your PharmAchieve subscription for up to three months. To be eligible for the extension, you must have had an active, paid subscription on PharmAchieve within 14 days of your MCQ; (2) provide us a copy of the failing score and the first scheduling permit; and (3) provide us a copy of the second scheduling permit for your next MCQ. Once we verify this information, you will receive a three month extension. The extension will be applied to your existing subscription and will not constitute a new subscription. Limit one extension per paid subscription.
Member Account/Password and Security: You must complete PharmAchieve's registration process in order to subscribe to and use the Websites by providing us with current, complete and accurate information as prompted by the applicable registration form. You must also choose a password and a User name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PharmAchieve immediately of any unauthorized use of your account or any other breach of security. PharmAchieve will not be liable for any loss that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PharmAchieve or another party due to someone other than you using your account or password.
Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are the sole and exclusive property of PharmAchieve with the exception of materials residing in external domains. By indicating that you accept the terms and conditions of this Agreement, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to use them according to the terms of this Agreement.
Permitted and non-permitted uses: You may print out the course notes solely for your non-commercial personal use. You are expressly prohibited from copying, downloading, printing out, transmitting, distributing, broadcasting, disseminating, reverse engineering and/or modifying any quiz questions. No part of any Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, websites, discussion forums, internet domains, online chat rooms, file sharing sites, or distributed file sharing mechanisms such as bit-torrent. Copying or storing of any Content for any purpose other than your personal, noncommercial use as part of the Service is expressly prohibited without the prior written permission from PharmAchieve, or the copyright holder identified in the individual Content's attribution. For purposes of clarification, but not limitation, including any Content (in whole or in part) on any website or file sharing mechanism accessible to any other person, is not a personal use and is not permitted.
Except as may otherwise permitted in this agreement, you may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or the Service in whole or in part.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted at the Websites. You may not disclose or share your account or password with any third parties or use your password for an unauthorized purpose.
Termination upon breach: In the event that you breach any term of this agreement, PharmAchieve may, at its sole discretion, terminate this agreement, your access to the site, and its provision of services to you without refund. PharmAchieve reserves the right to seek all remedies available by law and in equity for such breaches. Further, PharmAchieve may report any ethical or legal violations to regulatory bodies including colleges of Pharmacy.
Confidentiality of User Communications: Except as required by law, PharmAchieve will maintain the confidentiality of all User communications, which contain personal information and which are transmitted directly to PharmAchieve. Your postings on any public arena, such as a message board or in any chat room, will not be protected as confidential, and PharmAchieve may use and disclose information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by PharmAchieve.
Search engines and web crawlers: The information that is posted on PharmAchieve Forums is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might show up in search results. If you do not wish for posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.
Postings: PharmAchieve is under no obligation to review any messages, information, or content ("Postings") posted on the site by users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, PharmAchieve may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain, or terminate access to the Websites of Users that post messages that contain:
Postings: You are not to (or attempt to) modify, alter, disable or hack the Websites. You are not to send viruses to the Websites or use the Websites as a means to send viruses to others. You are not to take control of, damage or disable the servers of this Websites. You are not to falsify or conceal any personal identifiers, electronic or otherwise, in the use of this Websites. You may not reverse engineer