Terms and Conditions
RCPed.org User Agreement
PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR SERVICES AND USING MATERIAL. NOTE THAT THE DOMAIN RCPed.com AND RCPed.net ARE OWNED BY Respiratory Care Professional Education, LLC AND MAY BE USED IN TERMS & CONDITONS, AND OTHER POLICIES.
This RCPed.org User Agreement (“Agreement”) is a contract between you and Respiratory Care Professional Education, LLC and applies to your subscription to and use of products and services available through www.RCPed.org (collectively the “Services”). YOU MUST AGREE TO THESE TERMS BEFORE YOU ARE ABLE TO REGISTER TO USE THE SERVICES. TO AGREE TO THESE TERMS, CLICK “I agree with the RCPed.com User Agreement.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I Agree with the RCPed.org User Agreement.” IF YOU DO NOT CLICK “I Agree with the RCPed.org User Agreement”, YOU WILL NOT BE ABLE TO ACCESS THE SERVICES.
We may amend this Agreement at any time, without prior notice to you, by posting the amended terms on www.RCPed.org (the “Site”) and such terms will take immediate effect when posted, provided, however, RCPed.org will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
In this Agreement, “you” or “your” means any person or entity subscribing to and/or using the service (“Users”). Unless otherwise stated, ” RCPed.org ” “we,” or “our” will refer collectively to Respiratory Care Professional Education, LLC.
Registering with RCPed.com makes you eligible to receive our future offers and promotions.
License In consideration of and subject to your payment of the appropriate subscription fee for the Services and your agreement to and compliance with the terms and conditions set forth in this Agreement, RCPed.org grants you a non-exclusive, non-sublicensable, non-transferable, limited use license to use and access the RCPed.org content made available by RCPed.org (collectively the “Licensed Materials”) from multiple places/locations/computers at “different times.”
Software Use Terms THE CONTENT AND MATERIALS MAINTAINED ON THIS SITE AND PROVIDED AS PART OF THE SERVICES, IN WHOLE OR IN PART, ARE THE SOLE AND EXCLUSIVE PROPERTY OF RCPed.org, AND SHALL NOT BE REPLICATED, REPRODUCED, COPIED, DOWNLOADED, REMOVED, OR OTHERWISE TRANSCRIBED. YOU SHALL NOT ACCESS OR USE LICENSED MATERIALS EXCEPT ON THE SITE FOR THE PURPOSES THEREIN SET FORTH. NOTHING IN THIS AGREEMENT SHALL BE DEEMED A LICENSE, AUTHORIZATION, OR GRANT OF RIGHTS TO COPY OR DISSEMINATE THE INFORMATION TO ANY OTHER FORUM OR MEDIA.
ALL APPLICABLE WORKS MAINTAINED ON THE SITE ARE SUBJECT TO COPYRIGHT, TRADEMARK, SERVICE MARK, AND SUCH OTHER INTELLECTUAL PROPERTY RIGHTS AS MAY APPLY FROM TIME TO TIME.
COURSE CONTENT
Access to Course Content You shall be allowed to use the Licensed Materials for the specific RCPed.org course(s) and matter to which you have subscribed. Each RCPed.org course has its own subscription fees and course duration. You are not allowed to access the content of courses to which you have not subscribed other than in a trial/review format.
REFUNDS/CANCELATIONS
Refunds/Cancellations/Reactivations Except as otherwise provided in this Agreement or at the sole discretion of RCPed.org, no refunds, cancellations, or changes to subscriptions will be allowed once purchased. RCPed.org wants you to be satisfied with your purchase. If you find that a purchased course or state renewal anthology does not meet your training needs, you may request a full refund or course exchange within 30 days of your date of purchase, so long as the final quiz has not been attempted and/or the certificate of completion has not been claimed or downloaded. Prior to attempting the final quiz and/or claiming the certificate, your full purchase price will be refunded, or the course can be exchanged for another course. After the final exam has been attempted or certificate claimed, we are unable to issue a refund or course exchange due to the initiation of the accreditation process.
MEMBER ACCOUNT/PASSWORD
Member Account/Password and Security You must complete RCPed.org registration process in order to subscribe to and use the Services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify RCPed.org immediately of any unauthorized use of your account or any other breach of security. RCPed.org will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by RCPed.org or another party due to someone else using your account or password.
OWNERSHIP
Ownership The Licensed Materials, including all intellectual property rights in the Licensed Materials, are and shall remain the sole and exclusive property of RCPed.org. By indicating that you accept these terms, you do not become the owner of the licensed materials but are entitled to use them according to the terms of this Agreement. All content on this site is protected by copyright.
SIBSCRIPTION TERM
Subscription Term You have obtained is a limited, non-transferable right to use and access the Licensed Materials for the RCPed.org course(s) you have subscribed to for the subscription period of that 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 current terms and conditions. Once purchased you will have access for the remainder of the applicable two-year period of your purchase and, thereafter, your subscription will not renew. Any subsequent purchases will be at the standard fees. The subscription will start immediately after the activation unless the User notifies RCPed.org of the desired start date before using any part of the subscription. Subscription(s) cannot be suspended temporarily or reactivated later. The User must use the subscribed material within the subscription period and no free extensions are offered for any unused period. Renewals are offered as a continuation of the current subscription term. Renewals are not offered for later use after the expiration of the current subscription. The User must renew the subscription prior to expiration and use it continuously. Renewal will only be provided to the course subscribed. Some courses are offered as a combination package(s) and the renewal will only be allowed for individual courses in the package but not for combined packages. Renewals allow the user to work for an extended period on the existing test information. This Agreement and your license to use the Licensed Materials will also terminate in RCPed.org’s sole discretion if you fail to comply with any term or condition in this Agreement.
Prohibitions You are expressly prohibited from copying, reverse engineering, or modifying any or all of the Licensed Materials. No part of the 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, or online chartrooms. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted at the Site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
Restriction Against Transfer You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise, transfer your right to use the Licensed Materials. All accounts at RCPed.org are monitored for multiple logins. In the event that RCPed.org believes in its sole discretion that an account is being used by multiple users at the same time, RCPed.org reserves the right to terminate that account without any notice or refund. We also retain the right to take legal action on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.
Violations In the event that you breach any term of this Agreement, RCPed.org may in its sole discretion terminate this Agreement, your access to the site, and its provision of services to you without refund, and RCPed.org reserves the right to seek all remedies available by law and in equity for such breaches, including but not limited to damages. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use the Services.
Respiratory Care Professional Education, LLC, and RCPed.org trademark, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Respiratory Care Professional Education, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. RCPed.org and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
NO WARRANTIES
No Warranties RCPed.org PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RCPed.org does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than RCPed.org. RCPed.org is not liable for any loss or damage caused by a User’s reliance on information obtained through the site. 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 Site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content. The information provided in RCPed.org is no substitute for individual patient assessment based upon the health care provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. RCPed.org should be used as a tool to help Respiratory Therapy gain continuing education. RCPed.org reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, Users will only pay for the time of their subscription that has elapsed (on a pro-rata basis). RCPed.org 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. RCPed.org will use reasonable efforts to always keep its site online. The User understands, however, that scheduled maintenance and problems out of the control of RCPed.org can cause the site to be temporarily unavailable. You understand and agree that the Services and Licensed Materials were developed based on generally accepted education and Respiratory Therapy principles and standards in the United States and have not been customized or otherwise specifically designed for use in any other country.
LIMITATION OF LIABILITY
Limitation of Liability RCPed.org specifically disclaims any liability (whether based in contract, tort, strict liability, or otherwise) for and User shall not be entitled to recover any indirect, incidental, consequential, punitive, or special damages arising out of or in any way connected with access to or use of the site, this agreement, and our services, even if RCPed.org has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user’s computer equipment. RCPed.org maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee actually paid.
CONFIDENTIALITY
Confidentiality of User Communications Except as required by law, RCPed.org will maintain the confidentiality of all User communications, which contain personal user information, and which are transmitted directly to RCPed.org. Postings by a User on any public arena, such as a message board or in any chat room, will not be protected as confidential, and RCPed.org may use and disclose the information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by RCPed.org.
Search engines and web crawlers the information that is posted on RCPed.org 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 your posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.
Linked Internet Sites RCPed.org is not responsible for the content available on any other Internet sites linked to the site. Access to any other Internet sites linked to the site is at the user’s own risk.
You may link to the home page of our website as long as the link does not cast us in a false or misleading light.
SOCIAL MEDIA POSTINGS
Postings RCPed.org 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, RCPed.org may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain: Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, advertisements or solicitations of any kind, messages posted by Users impersonating others, personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references, messages by non-spokesperson employees of RCPed.org purporting to speak on behalf of RCPed.org, messages that offer unauthorized download of any copyrighted or private information, multiple messages placed within individual folders by the same user restating the same point, and chain letters of any kind. RCPed.org shall have sole discretion with respect to the removal of any content posted on the Site.
DIGITAL MILLENIUM COPYRIGHT ACT
DMCA Guidelines In accordance with the Digital Millennium Copyright Act or DMCA, RCPed.org encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the RCPed.org website who believes they are a victim of copyright infringement should notify the RCPed.org DMCA agent immediately.
If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us the following information: The description of the probable copyright infringement material(s); any information that can assist RCPed.org agents to properly pinpoint the information, including URL’s, infringer’s user ID, URL of the page, date of posting, and any other pertinent information or data; detailed contact information, including your full name, address, e-mail, and telephone number; include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Written communication should be sent to customer.service@ RCPed.org.