Terms & Conditions
These terms and conditions act as a contractual agreement (“Agreement”) between you and Medical Board Review, LLC doing business as Physical Therapy QBank Review (“PT QBank Review”, “us”, “we”, “our”), and applies to your use of www.ptqbank.com (“Site”) as well as purchase and use of products and services available through the Site (collectively the “Products”). If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in Section 23.
1. NO TREATMENT ADVICE FOR PATIENTS. The information found on this Site and the Products offered through it is provided for education purposes so that you might improve your knowledge of particular aspects of the physical medicine and rehabilitation discipline for testing purposes. The information provided on the Site and in content provided through the website is no substitute for individual patient assessment or treatment based upon a healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. PT QBank Review should be used only as a tool to pass the exams.
2. INTENDED USE – UNITED STATES. The Site contains information and products intended for use by individuals interested in the physical medicine and rehabilitation field in the United States. We make no representation or warranty that any of the information you are given access to is appropriate for use in other jurisdictions.
4. LICENSE. In consideration of and subject to your payment or a third-party sponsorship payment of a Product fee, and your agreement to and compliance with the terms and conditions set forth in this Agreement, we grant you a non-exclusive, non-sub licensable, non-transferable license and right to use and access the Site and Products. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information or Products provided on the Site without our express consent. You further understand no ownership right in the Products or any content on this Site is being granted to you.
5. ACCESS TO COURSE CONDUCT. You shall be allowed to use the Products for the particular course(s) and matter to which you select. Each Product has its own access fees and time period for use (“Term”). You are only allowed to access Products payment has been arranged for and for which the Term has not expired.
6. PRODUCT SCOPE. You obtain the right to use and access those Products you have selected for the Term indicated at the time of payment. Content will be provided as described in the respective Product description pages and may change during the Term to remain relevant. For Question Bank products, the number of questions may vary during the Term based on changes and updates. However, Question Bank products will always have a minimum number of active questions as described in the respective Product description pages. The Question Bank test information will not be reset. At the end of the Term indicated at the time of purchase, your right to use and access the Product in question will expire automatically unless you renew. The renewal will start immediately after the activation unless you notify us of the desired start date before using any part of the material. The Term for a Product cannot be suspended temporarily or reactivated later. You must use the Product within the Term period, and no free extensions are offered for any unused time.
7. OUTCOMES. You understand and agree that the information, content, and Products provided by us are not guaranteed to provide a successful outcome when you take subsequent exams.
8. RENEWALS. Renewals are offered as a continuation to current Product Terms. Renewals are not offered for later use after expiration of a Term associated with a Product. You must renew before expiration and use the Product continuously. Renewal will only be provided for the Product selected. Some Products are offered as a combination package(s), and the renewal will only be allowed for individual Products in the package but not for combined packages. Renewals allow you to work for an extended period on the existing Question Bank test information. The Question Bank test information will not be reset (deleting test information) when you renew the same Product.
9. REFUNDS AND CANCELLATIONS. Except as otherwise provided in this Agreement or our sole discretion, we will provide you with a full refund for a Product within ten (10) days of purchase so long as you have not accessed more than 50 percent of the questions in the package you’ve purchased. If ten (10) days has passed from the date of purchase, you may contact us to request a refund. We will consider all such requests and make a determination as to whether to provide a refund in our sole discretion.
10. PASSWORD AND SECURITY. You must provide us with current, complete, and accurate information as prompted by the applicable registration form or your sponsoring party. You shall be responsible for the accuracy of the data provided and may update your profile data to reflect the most accurate current information. 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 us immediately of any unauthorized use of your account or any other breach of security. We 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 us or another party due to someone else using your account or password. All accounts at PT QBank Review are monitored for multiple logins. If we believe, in our sole discretion, that multiple individuals are using an account at the same time, we reserve the right to terminate that account without any notice or refund.
11. ASSESSMENT SCORE. The content presented in the self-assessment examination serves as an educational tool only. The Assessment Score is calculated by us based on our own proprietary algorithm. This is not intended to predict your performance on any actual board examination but is designed to help you assess relative strengths and weaknesses in different subjects and systems of medicine.
12. TECHNICAL USER REQUIREMENTS. To use the Products on this Site, you must meet certain technical requirements. The Products use software designed to run on Java Runtime Engine (JRE) 1.5 or higher on Windows and 1.4 or higher on Macintosh. Any attempt to access the Products with versions of JRE below these designations might result in unexpected behavior or errors with your computing device. We reserve the right to terminate or disable your access to the Site or Products should you attempt to access the Site or Products using software we determine, in our sole discretion, may be harmful to our Site or Products.
13. MOBILE DEVICE ACCESS.
A. Access to Products via certain mobile devices is not intended to be a replacement for computer access. We, in our sole discretion, may choose to discontinue offering access via any or all mobile devices at any time with or without explanation.
B. An internet connection is required while the software is in use, and a Wi-Fi internet connection with an unlimited data plan is highly recommended (both unlimited upload and unlimited download). Use of a fixed data plan, limited data plan, and/or any other pay-per-use data plan for internet connection is not recommended. If you use a fixed, limited, or pay-per-use data plan, you will be solely responsible for any data charges incurred. You agree that we will not be held liable for any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.
C. When using the Site or Products, you agree that you will not attempt, in any way, to copy or capture the contents of any test screen. We reserve the right to disable your account without refund if you attempt to copy or successfully copy any of our copyrighted content on the Site or Products.
D. It is your sole responsibility to ensure that your mobile device is appropriately used and safeguarded. If your device is lost or stolen, you must notify us immediately so that we may disable access to your account. Any violations of this Agreement under your account will be treated as if you performed said actions, and you will be fully liable for any damages directly or indirectly resulting from said violations.
14. PERMITTED USES. You may print out the allowed content from the most current version of the database solely for your personal educational use if you include a source reference to PT QBank Review and our copyright notice. “Allowed content” refers to that part of our content where we specifically provide a “Print” icon for printing. We reserve the right to restrict printing of any content on the website. You may not print out content found in the Products.
15. PROHIBITIONS. You are expressly prohibited from copying, reverse engineering, or modifying any or all of the Site or Products. No part of the Site or Products 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 chatrooms. You many not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or Products. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
16. RESTRICTION AGAINST TRANSFER. You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Products. All accounts at PT QBank Review are monitored for multiple logins. If we believe, in our sole discretion, that multiple individuals are using an account at the same time, we reserve the right to terminate that account without any notice or refund.
17. VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site and/or Products without a refund. We reserve the right to seek all remedies available by law and in equity for such breaches.
18. NO WARRANTIES. PT QBANK REVIEW HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AND PRODUCTS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PT QBANK REVIEW DOES NOT WARRANT THAT THE SITE, CONTENT OR PRODUCTS OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE.
19. LIMITED LIABILITY. PT QBANK REVIEW DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, 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 SITE, THIS AGREEMENT, OR PRODUCTS ON THE SITE INCLUDING, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH YOUR INABILITY TO PASS EXAMS, MEDICAL MALPRACTICE CLAIMS, LOST EARNINGS OR EMOTIONAL DISTRESS. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS FAULT ON OUR PART. PT QBANK REVIEW’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THREE TIMES THE FEE YOU PAY FOR THE MEMBERSHIP ACTIVE AT THE TIME OF THE EVENT COMPROMISING THE CLAIM. SHOULD THE CLAIM INVOLVE MULTIPLE MEMBERSHIP PERIODS, LIABILITY SHALL NOT EXCEED THREE TIMES THE MOST EXPENSIVE MEMBERSHIP. SHOULD YOU ACCESS THE SITE AND PRODUCTS THROUGH A SPONSORED ACCOUNT, THE MAXIMUM LIABILITY ARISING OUT OR OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS SHALL BE $1,000.
20. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. SITE TERMINATION. We reserve the right to no longer make available all or part of the Site or Products at any time in our sole discretion. Should our decision impact your use of a paid Product, we shall issue you a refund based on a pro rata percentage of the time of use remaining on Product.
22. USER-GENERATED CONTENT. We allow you to post to certain areas of the Site such as a forum. We are under no obligation to review any messages, information, or content (“User-Generated Content”) posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, 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 individuals purporting to speak on behalf of us.
- 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.
- Chain letters of any kind.
23. ARBITRATION AGREEMENT. By agreeing to these Terms and Conditions, you agree to resolve any claim that you may have against PT QBank Review on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against PT QBank Review, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against PT QBank Review by someone else.
A. Agreement to Binding Arbitration Between You and PT QBank Review. You and PT QBank Review agree that any dispute, claim or controversy arising out of or relating to (i) these terms and conditions or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Site or Products at any time will be settled by binding arbitration between you and PT QBank Review, and not in a court of law.
You acknowledge and agree that you and PT QBank Review are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and PT QBank Review otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and PT QBank Review each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing withing 30 days of opening an account on this Site. To opt-out, just contact us at firstname.lastname@example.org using the phrase “opt-out of arbitration agreement” in the subject matter of the message, and your name and username in the body of the message.
C. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Louisiana and the parties expressly agree the venue of any action shall be in civil court in Orleans Parish, Louisiana or the United States District Court, Eastern District of Louisiana, as appropriate for the particular claims asserted.
D. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). We hereby consent to receive such notifications at email@example.com. The Arbitrator will be either (1) a retired judge or (2) an attorney specially licensed to practice law in the state of Louisiana and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
E. Location and Procedure. Unless you and PT QBank Review otherwise agree, the arbitration will be conducted in New Orleans, Louisiana. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PT QBank Review submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim does not exceed $20,000, then the arbitration will be conducted on the basis of documents you and PT QBank Review submit to the Arbitrator and each parties presence by phone or in person, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $20,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
F. The Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.
G. Fees. Your responsibility to pay any AAA filing, administrative, witness, and arbitrator fees will be solely as outlined in the AAA Rules.
H. Changes. If PT QBank Review changes this Arbitration Agreement after the date you first agreed to this Agreement (or to any subsequent changes), you may reject any such change by providing PT QBank Review written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided in an email message sent to firstname.lastname@example.org. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and PT QBank Review in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement (or to any subsequent changes to the Terms).
I. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms and conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
J. Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Louisiana, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be either the civil courts located in Orleans Parish, Louisiana or the United States District Court, Eastern District of Louisiana in New Orleans, Louisiana as appropriate for the claims asserted.
24. FEEDBACK AND BUGS. In consideration of providing you access to the Site and Products, you agree all past, existing or future improvements, designs, copyright, processes, know-how or other intellectual property (“Intellectual Property”) in the Site or Products are owned by or licensed by us, remain our property and you acknowledge that you have no right, title or interest in or claim to the Intellectual Property. You acknowledge that any improvements to the Intellectual Property discovered or suggested by you pursuant to your use of the Site or Products is our property and you will advise us as soon as possible, assign any such improvements to us, and agree to take any reasonable steps we request to establish a record of the assignment of the Intellectual Property for up to five (5) years after your communication. We will have the sole right to apply for and obtain any copyright protection for such improvements.
25. COMMUNICATION. When you contact us or purchase a Product on the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
26. USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Products, you grant PT QBank Review, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with your order, the Internet business of PT QBank Review, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Products, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
27. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
29. PROHIBITED USES. PT QBank Review imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PT QBank Review; or (f) automatically or manually scraping or copying the content from the Site or a Product without our consent. Any violation may subject you to civil and/or criminal liability.
31. COPYRIGHT. All contents, excluding user generated content, copyrighted 2016 – Medical Review Board, LLC. All rights reserved.
32. SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
33. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of PT QBank Review or by any third party.
34. MODIFICATIONS. PT QBank Review may, in its sole discretion, modify or amend this Agreement at any time. PT QBank Review shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.
Please contact us if you have any questions regarding this agreement.