RPH BUDDY - Terms and conditions

RPH BUDDY TERMS OF SERVICE AND USE

Effective Date: June 15, 2018

Welcome to RPH Buddy! RPH Buddy is a test prep company that offers students with access to Pharmacy Exam
study resources, including, but not limited to, questions, flash cards, scoring mechanisms, analytics, streaming
audio and video content, and test material.

These Terms of Use govern your use of our service. As used in these Terms of Use, "RPH Buddy service,"
"our service" or "the service" means the service provided by RPHBuddy.COM for learning about and studying for the MPJE, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

Please read carefully the following terms of service and conditions (this “Agreement”) governing your use of any of the Services, whether accessed online at www.rphbuddy.com (the “Site”) or on mobile devices using an app (each, an “App” and, collectively, the “Apps”), and the content, information or materials we provide as part of the Services (the “RPH BUDDY Content”).

As used in this Agreement, the term “Affiliated Parties” of RPH BUDDY means its owners, officers, directors, members, agents, representatives, contractors, employees, licensors and assignees.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Segment 8 below to resolve any disputes with RPH Buddy (except for issues that may be taken to small claims court).

1. Acceptance of Terms of Service And Use

BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OR PURCHASE ANY OF THE SERVICES.

2. Protection of Personal Information

To obtain further information regarding the collection and use of personal information, please see the WWW.RPHBUDDY.COM Privacy Policy.

3. Changes to Terms of Use 

RPH Buddy may, from time to time, change these Terms of Use without notifying subscribers, students and users. Such revisions shall be effective immediately.

4. Disclaimer of Warranties and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF RPHBUDDY AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

a. "As-Is" Basis. RPHBUDDY PROVIDES THE SERVICES, INCLUDING THE SITE, THE APPS AND RPHBUDDY CONTENT, ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF ANY OF THE SERVICES, THE SITE, THE APPS AND RPHBUDDY CONTENT, IS AT YOUR OWN DISCRETION AND RISK.

b. No Warranties; Release. RPHBUDDY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY OF THE SERVICES, THE SITE OR THE APPS, OR ANY RPHBUDDY CONTENT, AND WE HEREBY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO ANY OF THE SERVICES, THE SITE OR THE APPS, OR ANY RPHBUDDY CONTENT. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY RPHBUDDY CONTENT. WE DO NOT WARRANT THAT YOUR USE OF ANY OF THE SERVICES, THE SITE OR THE APPS, OR THE RPHBUDDY CONTENT WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, AVAILABLE, ACCURATE, OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED. THE STUDY MATERIAL, CONSULTATION PROVIDED VIA EMAIL OR PHONE, FLASH CARDS AND PRACTICE QUESTIONS PROVIDED BY RPHBUDDY.COM IS MEANT FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT SUBSTITUTE THE STUDENT'S/USERS RESPONSIBILITY TO CONFIRM THE INFORMATION FROM A PRIMARY SOURCE SUCH AS GOVERNMENT AGENCIES WHICH INCLUDE STATE BOARD OF PHARMACY, DEA, FDA AND INDEPENDENT ASSOCIATIONS LIKE NABP THAT PROMOTE SAFE PHARMACY PRACTICES FOR THE BENEFIT OF CONSUMERS. RPH BUDDY IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION CONTAINED WITHIN THE SITE. WHILE THE INFORMATION CONTAINED WITHIN THE SITE IS PERIODICALLY UPDATED, NO GUARANTEE IS GIVEN THAT THE INFORMATION PROVIDED IN RPH BUDDY WEB SITE IS CORRECT, COMPLETE, AND UP-TO-DATE.YOU AGREE TO RELEASE RPHBUDDY AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY OF THE SERVICES, THE SITE OR THE APPS, OR THE RPHBUDDY CONTENT

c. Limitation of Liability. IN NO EVENT WILL RPHBUDDY OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF ANY OF THE SERVICES, THE SITE OR THE APPS, OR THE RPHBUDDY CONTENT

d. Maximum Liability. WITHOUT LIMITING ANY OTHER PROVISION IN THIS AGREEMENT, RPHBUDDY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE ANY OF THE SERVICES, THE SITE OR THE APPS, OR THE RPHBUDDY CONTENT IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO RPHBUDDY IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100

e. Sole And Exclusive Remedy. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE ANY OF THE SERVICES, THE SITE OR THE APPS, OR THE RPHBUDDY CONTENT, OR ANY OTHER GRIEVANCE RELATED THERETO, SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICE, THE SITE AND THE RELEVANT APP, AND THE RPHBUDDY CONTENT.

4. Indemnification.

You agree to indemnify, defend and hold harmless RPHBUDDY and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by RPHBUDDY and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of any of the Services, the Site, the Apps or RPHBUDDY Content, (ii) any User Content you submit, post or transmit through any of the Services, (iii) your violation of this Agreement or your violation of any rights of a third party, or (iv) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by RPHBUDDY in the defense of such claims. RPHBUDDY and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

5. Communication Preferences

By using the RPH Buddy service, you agree to receiving electronic communications from RPH Buddy relating to your account and services. These communications may include sending emails to your email address provided during registration, or posting communications on the RPH Buddy service, or in your account page and will include
notices about your account (e.g. payment approvals, change in password or Payment Method, confirmation e-mails
and other transactional information) and are part of your association with RPH Buddy. You agree that any notice,
agreements, disclosure, or other communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing. You should keep copies of
electronic communications by printing a paper copy or saving an electronic copy. You also agree to getting certain
other communications from us, such as newsletters, articles, about new RPH Buddy features and content, special
offers, promotional announcements and customer surveys via email or other means.

6. RPH Buddy Website and using Services

a. You must be 18 years of age, of the age of majority in your state, province, territory or country, to become a member of the RPH Buddy service. Persons under the age of 18, or applicable age of majority, may use the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

b. The RPH Buddy service, and any content accessed through our service, are for your individual and non-
commercial use only. During your RPH Buddy membership, we grant you a limited, non-exclusive, non-transferable,
license to access the RPH Buddy service and access study materials through the service on a viewing, streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to user.

c. We frequently update the RPH Buddy service. In addition, we constantly test various aspects of our service, including our website, user interfaces, questions, course offerings, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

d. You agree to use the RPH Buddy service, including all features and functionalities associated therewith, in agreement with all applicable laws, rules and regulations, including public performance limitations or other
restrictions on use of the service or content therein. You agree not to copy, print, store, archive, download (other
than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license,
create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content
and information contained on or obtained from or through the RPH Buddy service without express written
permission from RPH Buddy. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of
the content protections in the RPH Buddy service; use any robot, spider, scraper or other automated means to
access the RPH Buddy service; decompile, reverse engineer or disassemble any software or other products or
processes accessible through the RPH Buddy service; insert any code or product or manipulate the content of the
RPH Buddy service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree
not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment associated with the RPH
Buddy service, including any software viruses or any other computer code, files or programs.

e. The quality of the display of the streaming content may vary from computer to computer, and device to device,
and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of
your Internet connection. You are responsible for all Internet access charges. Please check with your Internet
provider for information on possible Internet data usage charges. RPH Buddy makes no representations or
warranties about the quality of your watching experience on your display.

f. Access to the RPH Buddy service may be temporarily unavailable or interrupted at times, with or without notice.

7. Passwords and Account Access

Your access to RPH Buddy is limited to 90 days from the date of purchase of the product. Individual who purchased
the product has access and control over the RPH Buddy account. Your control is exercised through use of your
password and therefore to maintain exclusive control, you must not reveal, disclose, tell your password to anyone.
You agree not to permit others to access your RPH Buddy account for any reason.

8. Arbitration Agreement

Pursuant to the Florida Arbitration Act, any dispute or difference arising out of or in connection with these Terms of
Use shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing
agreement within fourteen (14) days, after either party has given to the other a written request to concur in the
appointment of an arbitrator, by an arbitrator to be appointed by RPH Buddy. You hereby waive your right to a jury
trial in connection with any disputes arising from or relating to this Agreement.

By visiting the Website, You acknowledge and agree that any disputes between You and RPH Buddy, RPH Buddy
Affiliates, and/or RPH Buddy Licensors, arising out of Your access to and/or use of our Content, the Website, this
Terms of Use Policy, and/or our Privacy Policy, shall be governed by the laws of the State of Florida, without regard
to its conflicts of law’s provisions, and any action taken by either of us against the other shall be brought in a court of
appropriate jurisdiction in Orange County, Florida, and You expressly agree to venue and personal and subject
matter jurisdiction in such court.

9. Refund Policy

All refunds are evaluated on a case-by-case basis. One case has no bearing on another. Refund amounts determined by RPH BUDDY are final.

Flash Card Questions & Practice Question Packages: These subscriptions are nonrefundable, nontransferable, and cannot be converted into another subscription.

Note 1: A processing fee of 10% (minimum of $10 and maximum of $25) will be applied to all refund amounts.

Note 2: Subscribers must notify RPH BUDDY of their intent to obtain a refund before activating their subscription (or) during the active duration. If the reset option is used or all the questions are used, no refund will be allowed.

Note 3: No refunds will be offered for expired subscriptions.

Note 4: Practice Questions and Flash Cards obtained through a school, from an employer or through a group organization cannot be returned to RPH BUDDY for a refund. If you need to return a study material received from your school or employer, please contact them directly.

Note 5: Flash card and practice questions bought individually are not refundable and cannot be extended.

Note 6: ONE ACCOUNT PER CANDIDATE: Account sharing is strictly prohibited. IP monitoring is in place - your account will be banned should we detect simultaneous logins from different IPs. You will not be considered for refund if you share your account.

MPJE® is a registered trademark of the National Association of Boards of Pharmacy® (NABP®). RPH Buddy materials do not contain actual MPJE items and are neither endorsed by nor affiliated in any way with NABP. Test names and other trademarks are the property of the respective trademark holders. None of the trademark holders are endorsed by nor affiliated with RPH Buddy or this website.

Please direct questions or concerns regarding terms of service and use to RPH Buddy at support@rphbuddy.com