Terms of Service • Qpractice

Updated as of June 2023.

By using the Qpractice website and all functions and Content available therein, including any that require an Account to access (collectively the “Service”), a service of Qpractice, LLC. and Qpractice Learning ULC (“Qpractice”), you agree to be bound by the following terms and conditions (“Terms of Service”).

These Terms of Service are a legal agreement between Qpractice and you which governs its relationship with you in respect of your use of the Service. These Terms of Service, together with our Privacy Policy (available at https://www.qpractice.com/privacy-policy/ and incorporated herein by reference), govern our relationship with you with respect to your use of the Service. By using the Service, whether or not you have an Account, you accept and agree to be bound and comply with these Terms of Service and our Privacy Policy.

Accessing and/or using the Service is the equivalent of your signature and indicates your acceptance of the Terms of Service and that you intend to be legally bound by the Terms of Service.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICE.

You agree that it is solely your responsibility to ensure that your access to and use of the Service complies with the laws of your jurisdiction. Qpractice makes no representation that the Service is appropriate for use outside Canada or the U.S.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Service, including all related expenses, if any.

Qpractice reserves the right, in its sole discretion, to change the Terms of Service from time to time without notice. Accordingly, the most current version of the Terms of Service 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/.

Any violation of any of the Terms of Service by you 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 you or any third parties, and you may be exposed to such materials. You agree to use the Service at your own risk.

Use Terms

By using the Service you confirm that you agree to and comply with all of the following:

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 personal email address, and any other information requested to complete the sign-up process and, as required to create an Account for the Service. Group, shared, or role-based emails are not permitted. You agree that any registration information you provide to Qpractice will always be accurate, correct, and up to date and that you will promptly provide Qpractice with any updates to all such information. You must not impersonate someone else or provide account information or an email address other than your own.
Your Account login may only be used by one person – you. A single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password (collectively the “Account”). You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Qpractice promptly of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session.
You agree that you will be responsible for all activities under your Account, including payment for access by unauthorized users. 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, other intellectual property, privacy, and data security laws).

Unauthorized use of the Service and breaches of other obligations herein is a material breach of these Terms of Service, and may also violate applicable laws, including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You hereby represent and warrant to Qpractice that you will utilize the Service and any Content, materials, data, or other information provided to you thereby in accordance with applicable laws, being those laws applicable to the Service and those laws that are applicable in accordance with the jurisdiction where you are located. The foregoing obligation includes but is not limited to, compliance with privacy and data security laws.

Refusal of Service

The Service is offered subject to our acceptance of your order or requests. Qpractice reserves the right to refuse service to any order, person or entity without the obligation to assign a reason for doing so. No order is deemed accepted by Qpractice until payment has been processed. Qpractice may change or discontinue any aspect or feature of the Service at any time, subject to Qpractice fulfilling our previous responsibilities to you based on acceptance of your payment.

Risk of Transferring Information via the Internet

Unfortunately, the transmission of information via the Internet is not completely secure. Although Qpractice does its best to protect your personal information, it cannot guarantee the security of your personal information transmitted to or from the Service. Any transmission of personal information is at your own risk. Qpractice is not responsible for the circumvention of any privacy settings or security measures contained in the Service.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product and service delivery. If there is an error in this email confirmation, you must inform Qpractice as soon as possible.

Method of Payment

If you elect to pay monthly, 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 or debit card. Qpractice may use third-party service providers to assist with payments or processing payments. You agree to the use of your payment information, including all personal information necessary, therefore, by such third party and to comply with all terms and conditions of such third party.

Cancellation and Refund Policy

ALL sales for subscriptions, orders, and the Service are final. No refunds will be provided to you. Your subscription for the Service will automatically renew until you cancel. If you do not want to continue your subscription, you must cancel before the renewal date to avoid charges. Qpractice may send monthly email reminders before the renewal date, but shall bear no responsibility or liability should it fail to do so.

To cancel your subscription, please visit: My Account -> Subscriptions -> View (on the subscription in question) -> Cancel.

If you cancel before the renewal date, your access to the Service will remain active, and your subscription will show as “Pending Cancellation” until the next renewal date, but it will not renew. Then the cancellation will be final. You may reactivate your subscription by visiting your account and clicking on “Resubscribe.”

If you forget to cancel your subscription, you can contact Qpractice within seven (7) calendar days after your renewal date, and Qpractice may, at its sole discretion, issue an account credit that is prorated for the days remaining on your subscription, less any credit card and processing fees.

If you are not able to access your Account to perform the cancellation, please indicate your desire to cancel in writing by sending an email to hello@qpractice.com, and we will make sure it gets canceled.

All credits are discretionary and solely determined by Qpractice.

Discounts, rebates, or other special offers are only valid for the initial term of the Service and may be deducted from any refund. All subscriptions renew at the then current full subscription rates.

ALL BOOKS ARE FINAL SALE AND NON-REFUNDABLE

Qpractice may offer books and other products as available for purchase by you via the Service (collectively the “Products”), including but not limited to:

Qpractice NCIDQ Exam Guide
All third-party products are non-refundable, including ALL books, flashcards, Ebooks, and special events or workshops.

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 you to the extent permitted by law.

Prices of all Products and the Service, 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, a notice of price changes will be provided to subscribers within 30 days of the price change going into effect.

Qpractice shall not be liable to you or 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 Service is protected by copyrights, trademarks, service marks, patents, industrial designs, and/or other proprietary and intellectual property rights and laws.

You shall abide by all copyright and other intellectual property notices, shall not make any unauthorized uses of any copyright, trademarks, or other intellectual property, and shall abide by all information and restrictions contained in any Content accessed through the Service, and except as expressly permitted herein, 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 or intellectual property rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of Qpractice or any third-party.

All Content posted on the Service must comply with U.S. copyright law and other laws applicable to you and the Content.

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, non-sublicensable, revocable license to use the Service and Products strictly in accordance with these Terms of Service. As a condition of your license right to use the Service and Products, you hereby represent and warrant to Qpractice that you will not use the Products or Service for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Products or Service in any way that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Products or Service. You may not obtain or attempt to obtain any materials or information via the Service 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 or related to 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 comply with and abide by all copyright and other proprietary and intellectual property notices, legends, or other restrictions contained in any such Content and will not make any changes thereto or uses thereof contrary to any laws.

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 Service or any Content, in whole or in part, found on the Service, or aid any other person in any of the foregoing.

Neither Qpractice Content nor any Products or the Services is for resale. Your use of the Service does not entitle you to make any unauthorized use of any Qpractice Content or any other protected Content. In particular, you will use the Service, all Products, Qpractice Content, and all protected Content solely for your personal use and make no other use thereof without the express written permission of Qpractice and the owner of the rights therein, including but not limited to the owners of intellectual property rights therein. You do not acquire any ownership rights in any Products, Qpractice Content, or protected Content or in the Service other than by the provisions set forth in the Terms of Service. Qpractice does not grant you any licenses, express or implied, to the Service or any Products, Qpractice Content, or other Content. or to any intellectual property of Qpractice or our licensors, except as expressly authorized by these Terms of Service.

Use of communication services

The Service may include and 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 the Service including any Communication Service, you will not, and you will not assist any other person to: 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 the Service or 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 Service or any Communication Services; violate any code of conduct or other guidelines which may be applicable for the Service or any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any laws or regulations applicable to you or to the Service, or to any Products, Communication Service, Content or Qpractice.

Qpractice has no obligation to monitor the Communication Services. However, Qpractice reserves the right to check Content or other materials posted to a Communication Service and to remove any Content or other materials at 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 necessary to satisfy any applicable law, regulation, legal process, or governmental order.

Always use caution when giving out personally identifying information about yourself, your children, or any other person in the Service, including in any Communication Service, and comply with all laws applicable thereto. Qpractice does not control or endorse the Content, messages, or information found in any Communication Service. Qpractice specifically disclaims any liability with regard to the Service, any Communication Services, and any actions resulting from your participation in the Service or any Communication Service.

Hosts are not authorized Qpractice spokespersons, and their views do not necessarily reflect those of Qpractice.

Content and other 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 Content or any other materials.

Materials provided to Qpractice or posted on any Qpractice web page

Qpractice does not claim ownership of the Content or other materials you provide to Qpractice (including feedback and suggestions) or post, upload, input, or submit to the 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 sublicensees permission and a non-exclusive, irrevocable and royalty-free, perpetual, sublicensable license right to use your Submission in connection with the operation of the Services and 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. You hereby waive your right to enforce any moral rights you may have in any Submissions against Qpractice or any of its affiliated companies or sublicensees.

No compensation will be paid to you with respect to the use of your Submission. Qpractice is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at 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 and for Qpractice, its affiliated companies, and sublicensees to make any use of the Submissions in accordance with the license right granted by you herein.

Electronic Communications

Visiting Qpractice or sending emails to Qpractice is an electronic communication. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that Qpractice sends to you electronically, via email, and on the Qpractice website satisfy any legal requirement that such communications be in writing.

Users Under 18 Years of Age

Qpractice does not knowingly collect, either online or offline, personal information from persons under eighteen. If you are under 18, you may use Qpractice only with the 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 affiliates, sublicensees, customers, officers, directors, employees, personnel, agents, policies, services or products, other than as required for your compliance with applicable laws.

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

The Service 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 Qpractice knows or trusts to be of high quality, whether an affiliate relationship is in place or not, and makes no representation about the quality or trustworthiness of any products or services available via any Linked Sites. The Linked Sites are not under the control of Qpractice, and Qpractice is not responsible for the contents, products, or services of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site.

Qpractice is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for Qpractice to earn fees by linking to Amazon.com and affiliated sites.

Certain services made available via the Service are delivered by third-party websites and organizations. By using any third-party product, service, or functionality accessible via the Service or any Product, you hereby acknowledge and consent that Qpractice may share such information and data as Qpractice holds relating to you, including but not limited to personal information, as is required for use of such third-party product, service or functionality, with any third-party with whom Qpractice has a contractual relationship to offer such product, service, or functionality in accordance with a to Qpractice users and customers, or that is otherwise accessible via the Service or any Product.

Third-Party Accounts

You will be able to connect your Account to third-party accounts for third-party sites. By connecting your Account to any such third-party account, you acknowledge and agree that you consent to the continuous release of information, including personal information, about you by Qpractice or via the Service to others (in accordance with your privacy settings on those third party sites) as required for use of such third-party sites. If you do not want information about yourself to be shared in this way, do not use this feature of connecting your Account to any third-party account.

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 in the jurisdiction where you are located, as well as compliance with the applicable USA laws. You agree that you will not use the Service or any Products or Qpractice Content accessed through the Service in any country or manner prohibited by applicable laws, restrictions, or regulations.

Feedback

Should you provide any feedback or commentary to Qpractice relating to the Service, Qpractice’s business, or otherwise (collectively the “Feedback”), you hereby assign all rights, title, and interest in and to such Feedback to Qpractice, including but not limited to all intellectual property rights therein and relating thereto, and you further hereby waive all moral rights therein in favor of Qpractice. Qpractice reserves the right to utilize such Feedback in any manner or to decline to utilize the Feedback in any manner at its sole discretion. For clarity, you will not have any rights, title, or interest in any use made of the Feedback, including but not limited to any products or services developed from the Feedback.

Privacy

By using the Service, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of your personal information in compliance with the Privacy Policy.

Compliance with Investigations

Qpractice will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.

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, Submissions or Content made by you, your violation of any terms of this Terms of Service 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 subject to indemnification by you, in which event you will fully cooperate with Qpractice in asserting any available defenses.

Liability disclaimer

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY MADE TO THE CONTENT, SOFTWARE AND PRODUCTS, AND INFORMATION. QPRACTICE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.

QPRACTICE AND/OR ITS SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR THE SERVICE, OR ANY GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, THE SERVICE, AND ALL GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. QPRACTICE AND/OR ITS SUPPLIERS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICE, AND 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 AND/OR ITS SUPPLIERS AND AFFILIATES 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, CONTENT, SOFTWARE, PRODUCTS, SERVICES, AND 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 OR ANY OF ITS SUPPLIERS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR 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 SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IF ANY PART OF THIS TERMS OF SERVICE IS DETERMINED TO BE INVALID OR UNENFORCEABLE BY APPLICABLE LAW, THE REST OF THE TERMS OF SERVICE 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 Terms of Service 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 Terms of Service 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. You agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Terms of Service 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 you and Qpractice may agree. You further agree that your 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 due to this Terms of Service or use of the Service. Qpractice's performance of this Terms of Service is subject to existing laws and legal processes, and nothing contained in this Terms of Service 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. You may not amend these Terms of Service or the Privacy Policy.

Unless otherwise specified here, this Terms of Service and the Privacy Policy is the entire agreement between you and Qpractice with respect to the Service. It supersedes all earlier or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Qpractice with respect to the Service. A printed version of this Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or on this Terms of Service 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 of the parties that this Terms of Service and all related documents be written in English.

Contact Us

Qpractice welcomes your questions or comments about the Terms of Service:

Qpractice, LLC
PO Box 1654
Winter Park, FL 32790
United States
407.212.7028

Qpractice Learning ULC
700 West Georgia Street, Suite 2200
P.O. Box 10325
Vancouver BC V7Y 1K8
Canada

Email: hello@qpractice.com