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


Trademarks:
PharmAchieve and the PharmAchieve logo are registered trademarks of PharmAchieve Corporation Ltd.  All trade dress, and source-identifying features of the Websites and the Licensed Materials are the property of PharmAchieve Corporation Ltd.  You are prohibited from using any of the PharmAchieve features without the prior written permission of PharmAchieve. No sponsorship or endorsement by, or affiliation with, the Pharmacy Examining Board of Canada or other trademark owners is claimed or implied by PharmAchieve. Trademarks appearing on this Websites or in the Licensed Materials that are not owned by PharmAchieve, and can only be used with the prior written permission of the owners of these trademarks.

Copyright: All content on the Websites, and the selection, presentation and arrangement of content, are Copyright © 2009 - 2013 by PharmAchieve. All rights are reserved by PharmAchieve. All such copyrights are fully protected under Canadian, US and international copyright law. Except as provided in this Agreement, for so long as this Agreement remains in effect the content on the Websites may not be used for any purpose whatsoever without the prior written authorization of PharmAchieve.


Confidentiality And Non-Compete:
PharmAchieve has invested considerable resources into its courses. As a condition of your subscription, you agree to keep our intellectual property, questions, methods, cases, employees, technologies, techniques, and plans, confidential and to not start a competing course or online question bank, or service offering course notes or to aid pr abet another person, persons, or entity starting or offering a competing course, question bank, or online course notes or to engage in activities competitive to PharmAchieve.


Advertisements:
The Websites may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, PharmAchieve does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Websites.


Links:
The Websites may contain links to third party websites. If so, these links are provided solely as a convenience to you. PharmAchieve is not responsible for the content of any linked third party sites, and does not make any representations regarding the content or accuracy of any content or materials on such third party websites. If you access any linked third party website, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use for those sites.


Linked internet sites:
If you are linking to this site you must notify PharmAchieve unless you link to our top level site. No deep-linking is permitted if it obscures, hides or detracts from this Websites&aposs Terms of Use. No use of PharmAchieve's trademarks or metatags is permitted in linking to this Websites or otherwise, without PharmAchieve's permission.


No warranties:
PharmAchieve provides the Websites and Licensed Materials 'as is' and without any warranty, representation or condition, express, implied or statutory, including any representations as to the merchantability of the services offered and the implied warranties of merchantability, fitness for a particular purpose and non infringement. PharmAchieve reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, you will only pay for the time of your subscription that has elapsed (on a pro-rata basis). PharmAchieve will use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.


No endorsement:
PharmAchieve does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, information, or other statements made through the Websites by any party other than PharmAchieve.


Accuracy:
Other than as required under applicable consumer protection law, under no circumstance will PharmAchieve be liable for any loss or damage caused by a User's reliance on content obtained through the Websites, including but not limited to opinions, advice, information, or other content. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Websites as PharmAchieve does not provide any warranties or representations as to the accuracy or timeliness of the Websites content. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.


No medical advice:
The Websites provided by PharmAchieve is no substitute for individual patient assessment and consideration of laboratory data and other factors unique to the patient. PharmAchieve is not providing medical advice of any kind through the services it offers on this Websites.


No representations:
The Websites provided by PharmAchieve should be used only as a tool to assist the User in preparing for exams and for no other purpose. However, PharmAchieve makes no representations or warranties of any kind whatsoever regarding the outcome of any exams that the User is preparing to take or may take after using the resources provided by PharmAchieve.


Termination of access:
PharmAchieve reserves the right to terminate the operation of all or any portion of the Websites at its sole and absolute discretion and, if so, to limit or withdraw the User's subscription. If this ever becomes necessary, Users will pay only for the time of their subscription that has elapsed (on a pro- rata basis).


Limitation of liability:
PharmAchieve specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any indirect, incidental, consequential, or special damages arising out of, or in any way connected with, access to or use of the Websites, this Agreement, or the Licensed Materials (even if PharmAchieve has been advised of the possibility of such damages), including liability associated with any medical malpractice, data corruption, or viruses that may infect a User's computer equipment. PharmAchieve's maximum liability arising out of or in connection with your use of the resources on the Websites, the Licensed Materials or the Websites itself, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.


Transmission of personal data:
The User acknowledges and agrees that by providing PharmAchieve with any personal information through the Websites, the User consents to the transmission of such personal information over international borders as necessary for processing in accordance with PharmAchieve standard business practices, and that such personal information may be stored and processed on servers located outside of Canada and subject to the laws of foreign jurisdictions whose laws may be less protective than Canada's laws.


Entire Agreement:
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.


Forum:
When using the forum you agree not to post any defamatory, threatening, obscene, racist, derogatory, dishonest or malicious statements. Postings by you on any public arena, such as a message board or in any chat room or forum, 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. You hereby irrevocably waive all moral rights you may hold in any content posted by you on any message board, or anywhere else, on the Websites, for the benefit of PharmAchieve in perpetuity.


Jurisdiction:
This Agreement to use the Websites is based on the terms and conditions of this Agreement and is deemed to be formed in the Province of Ontario. If you access the site from outside Canada you are responsible for complying with applicable local laws. This Agreement shall be interpreted with, and governed by, the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to any applicable conflict of laws principles. Each party agrees to submit to the jurisdiction of the courts of the Province of Ontario.

 

Indemnity: You agree to indemnify and hold harmless PharmAchieve (and its owners) from and against any and all loss, injury, damage, loss of business or profit, claims, demands or harm that arises as a result of your breach of the terms and conditions, your reliance on content obtained from the Websites, or your accessing of the Websites.


Severability:
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Should you have any questions regarding this Agreement, you may contact PharmAchieve at any time at info@PharmAchieve.com