By using the Qpractice website (“Service”), a service of Qpractice, LLC. you agree to be bound by the following terms and conditions (“Terms of Service”).
Qpractice reserves the right, in its sole discretion, to change the Terms of Service from time to time without notice. The most current version of the Terms will supersede all earlier versions.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Qpractice encourages you to periodically check the Terms of Service to stay informed of our updates. You can review the most current version of the Terms of Service at any time at: https://www.qpractice.com/terms-and-conditions/
Violation of any of the Terms of Service below may result in the termination of your Account. While Qpractice prohibits certain conduct and Content on the Service, Qpractice is not responsible for the Content posted on the Service by third parties, and you may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must give your full legal name, a valid email address, and any other information requested to complete the sign-up process. You agree that any registration information you provide to us will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Qpractice is not liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You must not use the Service for any illegal or unauthorized purpose. While using the service you must not violate any laws in your jurisdiction (including but not limited to copyright laws).
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product and service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Method of Payment
If you elect to pay by monthly installments, you authorize Qpractice to charge your credit card or debit card for all payments due for your purchase. If you elect to pay in FULL, you may pay by credit card, debit card, or PayPal.
Refund Policy
Monthly, 6-Month & Annual Subscription fees are non-refundable; except that subscriber may cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees. Contact hello@qpractice.com for a refund.
Please note: If you opted for a payment plan you are required under that agreement to complete the remaining payments of your payment plan.
All refunds are discretionary as determined by Qpractice, LLC.
Discounts, rebates or other special offers are only valid for initial term; subscriptions renew at the then-current full subscription rates.
NON-REFUNDABLE:
- Qpractice NCIDQ Exam Guide
- Third party products are non-refundable
Modifications to the Service and Prices
Qpractice reserves the right at any time and from time to time to change or stop, temporarily or permanently, the Service (or any part thereof) with or without notice to the extent permitted by law.
Prices of all Products and Services, including but not limited to recurring subscription plan fees to the Service, are subject to change at any time. Notice of such change may be provided at any time by posting the changes to the Qpractice website https://www.qpractice.com/terms-and-conditions/ or posted on the Service itself. For recurring subscription plans, notice of price changes will be provided to subscribers within 30 days of the price change going in to effect.
Qpractice shall not be liable to you or to any third-party for any change, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
You acknowledge and agree that all Content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”) provided on the Website or through the Services is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted here, shall not use, copy, reproduce, change, translate, publish, broadcast, send, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right.
All Content posted on the Service must comply with U.S. copyright law.
Qpractice does not pre-screen Content, but Qpractice and its representatives have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to use and use Qpractice strictly by these terms of use. As a condition of your use, you warrant to Qpractice that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any way which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All Content included as part of the Service, such as text, graphics, logos, images, as well as the compilation of, and any software used on the Service, is the property of Qpractice or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, take part in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Service.
Qpractice Content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without the express written permission of Qpractice and the copyright owner. You do not acquire any ownership rights in any protected Content other than by the provisions set forth in the Terms of Service. We do not grant you any licenses, express or implied to any Content to the intellectual property of Qpractice or our licensors except as expressly authorized by these Terms.
Use of communication services
The Service may contain chat areas, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or send any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or send surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such way; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Qpractice has no obligation to monitor the Communication Services. However, Qpractice reserves the right to check materials posted to a Communication Service and to remove any materials in its sole discretion. Qpractice reserves the right to end your access to any or all the Communication Services at any time without notice for any reason.
Qpractice reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental order.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Qpractice does not control or endorse the Content, messages or information found in any Communication Service and, therefore, Qpractice specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Qpractice spokespersons, and their views do not necessarily reflect those of Qpractice.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to Qpractice or posted on any Qpractice web page
Qpractice does not claim ownership of the materials you provide to Qpractice (including feedback and suggestions) or post, upload, input or submit to any Qpractice Service or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Qpractice, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided here. Qpractice is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Qpractice's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Electronic Communications
Visiting Qpractice or sending emails to Qpractice is electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we send to you electronically, via email and on the Qpractice website, satisfy any legal requirement that such communications be in writing.
Qpractice does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use Qpractice only with permission of a parent or guardian who agrees to be bound by our Privacy Policy and Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child under the age of 18, please be advised that you are responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
Non-disparagement
You agree, during and after the participation in and use of the Services, to refrain from making any statements or comments of a defamatory nature to any third party regarding Qpractice, or any of Qpractice’s customers, officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
You further agree to communicate with Qpractice about any concerns you may have and grant Qpractice a reasonable opportunity to address or resolve those concerns.
Links to third-party sites/Third-party services
Qpractice may contain affiliate links to other websites (“Linked Sites”). This means that Qpractice may or may not receive a commission if you click on the link and make a purchase from the affiliate. Qpractice only recommends products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not. The Linked Sites are however, not under the control of Qpractice and Qpractice is not responsible for the Contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Certain services made available via Qpractice are delivered by third-party websites and organizations. By using any product, service or functionality originating from the Qpractice domain, you hereby acknowledge and consent that Qpractice may share such information and data with any third-party with whom Qpractice has a contractual relationship to offer the requested product, service or functionality for Qpractice users and customers.
Third Party Accounts
You will be able to connect your Qpractice account to third-party accounts. By connecting your Qpractice account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this way, do not use this feature.
International Users
The Service is controlled, operated and administered by Qpractice from our offices within the USA. If you access the Service from any location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Qpractice Content accessed through Qpractice in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Qpractice, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) on or arising out of your use of or inability to use the Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Qpractice reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Qpractice in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QPRACTICE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
QPRACTICE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QPRACTICE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QPRACTICE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QPRACTICE, LLC OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE BY APPLICABLE LAW THE REST OF THE AGREEMENT SHALL CONTINUE IN EFFECT.
Termination/access restriction
Qpractice reserves the right, in its sole discretion, to end your access to the Service and the related services or any part thereof at any time, without notice.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Orange County, Florida and you hereby consent to this exclusive jurisdiction and venue in all disputes arising out of or related to the use of the Service. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Qpractice as a result of this agreement or use of the Service. Qpractice's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Qpractice's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Qpractice with respect to such use.
Unless otherwise specified here, this agreement is the entire agreement between the user and Qpractice with respect to the Service and it supersedes all earlier or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Qpractice with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or on this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Us
Qpractice welcomes your questions or comments about the Terms:
Qpractice, LLC
PO Box 1654
Winter Park, FL 32790
407.212.7028
hello@qpractice.com
Updated as of January, 2018