Terms of Service2016-11-04T17:50:22+00:00

Terms & Conditions

This user agreement (“agreement”) is a contract between you and Physical Medicine Qbank Review , and applies to your subscription to and use of products and services available through www.pmrqbankreview.com.(collectively the “services”). If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access the services.

User Agreement

You must read, agree with, and accept all of the terms and conditions contained in this agreement before you become a subscriber to and user of these services.

We may amend this agreement at any time by posting the amended terms on our site www.pmrboardreview (the “site”). Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will also be posted on this page.

In this agreement, “you” or “your” means any person or entity subscribing to and/or using the service (“users”). Unless otherwise stated, “Physical Medicine and Board Review QBank,” “we,” or “our” will collectively refer to Physical Medicine and Board Review QBank.

PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR MATERIAL. AGREEING TO THE TERMS OF USE INCLUDES THE FOLLOWING:

License

In consideration of and subject to your payment of the appropriate subscription fee for the services you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this agreement, Physical Medicine and Board Review QBank grants to you a non-exclusive, non-sub licensable, non-transferable license, and right to use and access the Physical Medicine and Board Review QBankcontent (the “licensed materials”) from multiple places/locations/computers at “different times.” You are not allowed to access the Physical Medicine and Board Review QBank content from multiple places/locations/computers at “same” time.

Software Use Terms

The Physical Medicine and Board Review QBank software used for the question banks (Qbank) (hereafter collectively referred to as “software”) is designed to work with Java Runtime Engine (JRE) 1.5 or higher on Windows and 1.4 or higher on Macintosh. Any attempt to use the Physical Medicine and Board Review QBank software with lower versions of JRE constitutes a violation of the terms and conditions set forth in this agreement, and might result in unexpected behavior, for which Physical Medicine and Board Review QBank cannot be held responsible or liable for any damages. In addition,Physical Medicine and Board Review QBakn reserves the right to disable the launch of any test(s), if any such “dubious application” is found to be active on the user’s computer system. The user will not be able to switch between applications when Physical Medicine and Board Review QBank software is running. The user also understands and acknowledges this disabled function as part of the subscription terms.

The content presented in the self-assessment examination serves as an educational tool only for medical students and graduates. The Assessment Score is calculated by Physical Medicine and Board Review QBank based on its own proprietary algorithm. This is not intended to predict your performance on the actual AAPMR Board Exam™ but is designed to help you assess relative strengths and weaknesses in different subjects and systems of medicine.

Physical Medicine and Board Review QBank will always keep your account and self-assessment exam performance results confidential and will not provide such information to third parties without your consent. In the event that an educational institution (i.e., medical school or residency program) pays for the self-assessment subscription, the educational institution can request the performance results from Physical Medicine and Board Review QBank through your written consent.

The Physical Medicine and Board Review QBank software has been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, Physical Medicine and Board Review QBank does not guarantee the functionality of its software on every configuration, nor does Physical Medicine and Board Review QBank guarantee predictable behavior of the software in general. You recognize all of the above terms and accept that use of the Physical Medicine and Board Review QBank software on your system is done solely at your own risk.

Access via Mobile Devices – Qbanks Only

Access to Qbanks via certain mobile devices is provided as an additional feature, but it is not intended to be a replacement for computer access. UPhysical Medicine and Board Review QBank, at its sole discretion, may choose to discontinue offering access via any or all mobile devices at any time with or without reason or explanation

“Jailbroken” or “Rooted” devices are not supported. (Jailbroken/Rooted devices refer to any devices that do not have original equipment manufacturers’ (OEM’s) operating systems and/or any devices that have operating systems that have been modified in a manner not approved or supported by the OEM). You agree that you will not attempt to install or use the software on any jailbroken device. Further, any attempt to install or use the software on a jailbroken/rooted device will constitute breach of these terms and conditions of use and may result in account termination, without refund, at the sole discretion of Physical Medicine and Board Review QBank.

You agree that Physical Medicine and Board Review QBank will not be held liable for any damages to your devices, operating systems, and/or any data loss resulting from the direct or indirect installation or use of the provided software.

No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).

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 Physical Medicine and Board Review QBank 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.

While a test is in progress, you agree that you will not attempt, in any way, to copy or capture the contents of any test screen (including, but not limited to, via any OEM-provided functionality or third-party applications). Physical Medicine and Board Review QBank reserves the right to disable your account without refund in the event that you attempt and/or copies any Physical Medicine and Board Review QBank copyrighted content.

It is your sole responsibility to ensure that your mobile device is appropriately used and safeguarded. In the event that your device is lost or stolen, you must notify Physical Medicine and Board Review QBank immediately so that we may disable access to the account. Any violations of these terms and conditions 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.

Access to Course Content

You shall be allowed to use the licensed materials for the specific course(s) and matter to which you have subscribed. Each course has its own subscription fees and course duration. You are not allowed to access the content of courses that you have not subscribed to.

Order

Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit/debit card number, expiration date, CVV2 code, payee name, and billing address. This information is used for billing purposes and to fulfill your order. To properly process your credit/debit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. We do not share your personal and financial information with any third parties.

We charge for each successful transaction attempt and provide a confirmation of such on our website and send a confirmation email to the registered email address upon each successful transaction on our website. You can also log-in to your account on our website and click on “Payments” section to retrieve a copy of your payment receipt(s).

Refunds

Except as otherwise provided in this agreement or at the sole discretion of Physical Medicine and Board Review QBank, no refunds, cancellations, or changes to subscriptions will be allowed. Physical Medicine and Board Review QBank reserves the right to refuse a refund if the user is found to be in violation of Terms and Conditions or acting against Physical Medicine and Board Review QBank’s interest.

Member Account/Password and Security

You must complete Physical Medicine and Board Review QBank’s registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You shall be responsible for the accuracy of the data provided and may update your profile data in order to reflect the most accurate current information. You will also choose a password and a user name. 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 Physical Medicine and Board Review QBank immediately of any unauthorized use of your account or any other breach of security. Physical Medicine and Board Review QBank 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 Physical Medicine and Board Review QBank or another party due to someone else using your account or password.

Ownership

The licensed materials, including all intellectual property rights within the licensed materials (such as copyright) are the sole and exclusive property of Physical Medicine and Board Review QBank. By indicating that you accept these terms, you do not become the owner of the licensed materials, but are entitled to use them according to the terms of this agreement.

Subscription Term

You have obtained the right to use and access the licensed materials for the course(s) you have subscribed to for the subscription period of that course(s). Content will be provided as described in the respective product description pages and may change during the course of a subscription to remain relevant. For Qbank products, the number of questions may vary during the subscription term based on changes and updates. However, Qbank subscriptions will always have a minimum number of active questions as described in the respective product description pages. The Qbank test information will not be reset during the subscription period. At the end of this period, your right to use and access the licensed materials will expire automatically unless you renew your subscription under the current terms and conditions. The subscription will start immediately after the activation unless you notify Physical Medicine and Board Review QBank with a desired start date before using any part of the subscription. Subscription(s) cannot be suspended temporarily or reactivated later. You must use the subscribed material within the subscription period, and no free extensions are offered for any unused period. Renewals are offered as a continuation to current subscription term. Renewals are not offered for later use after expiration of current subscription. You must renew the subscription prior to expiration and use it continuously. Renewal will only be provided to the course subscribed. Some courses are offered as a combination package(s), and the renewal will only be allowed for individual courses in the package but not for combined packages. Renewals allow you to work for an extended period on the existing Qbank test information. The Qbank test information will not be reset (deleting test information) when you renew the same subscription unless the subscription meets the 180-day period for which one reset of test information is allowed. This agreement and your license to use the licensed materials will also terminate, at Physical Medicine and Board Review QBank’s sole discretion, if you fail to comply with any term or condition in this agreement.

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 Physical Medicine and Board Review QBank and its copyright notice. “Allowed content” refers to that part of the Physical Medicine and Board Review QBank content where Physical Medicine and Board Review QBank specifically provides a “Print” icon for printing. Physical Medicine and Board Review QBank reserves the right to restrict printing for any content in the website. You agree to have access to a computer and the Internet to access Physical Medicine and Board Review QBank, but except as provided in this agreement, you may not print out the licensed materials. None of the Qbank contents are allowed for print, copy-paste, or save-to-media/disk.

Prohibitions

You are expressly prohibited from copying, reverse engineering, or modifying any or all of the licensed materials. No part of the licensed materials may be copied for resale or other commercial use or offered for sale or reproduced on any bulletin boards, web sites, 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 any activity being conducted at the site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

Restriction Against Transfer

You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the licensed materials. All accounts at Physical Medicine and Board Review QBank are monitored for multiple logins. In the event that Physical Medicine and Board Review QBankbelieves at its sole discretion that an account is being used by multiple users at the same time, Physical Medicine and Board Review QBank reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.

Violations

In the event that you breach any term of this agreement, Physical Medicine and Board Review QBank may, at its sole discretion, terminate this agreement, your access to the site, and its provision of services to you without refund. Physical Medicine and Board Review QBank reserves the right to seek all remedies available by law and in equity for such breaches.

No Warranties

Physical Medicine and Board Review QBank PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  • Physical Medicine and Board Review QBank does not endorse, and is not responsible for, the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than Physical Medicine and Board Review QBank. Other than as required under consumer protection law, under no circumstance will Physical Medicine and Board Review QBank be liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content.
  • The information provided in Physical Medicine and Board Review QBank is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient
  • Physical Medicine and Board Review QBank should be used as a tool to help residents pass the exams
  • Physical Medicine and Board Review QBank reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, you will only pay for the time of your subscription that has elapsed (on a pro-rata basis)
  • Physical Medicine and Board Review QBank will use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort
  • Physical Medicine and Board Review QBank will use reasonable efforts to keep its site online at all times. You understand that scheduled maintenance and problems out of the control of Physical Medicine and Board Review QBank can cause the site to be temporarily unavailable

Limitation of Liability

Physical Medicine and Board Review QBank specifically disclaims any liability (whether based in contract, tort, strict liability, 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, and our services, even if Physical Medicine and Board Review QBank has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user’s computer equipment. Physical Medicine and Board Review QBankd’s maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.

Confidentiality of User Communications

Except as required by law, Physical Medicine and Board Review QBank will maintain the confidentiality of all user communications, which contain personal user information and which are transmitted directly to Physical Medicine and Board Review QBank. Your postings on any public arena, such as a message board or in any chat room, will not be protected as confidential, and Physical Medicine and Board Review QBank may use and disclose information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by Physical Medicine and Board Review QBank.

Search engines and web crawlers

The information that is posted on Physical Medicine and Board Review QBank Forums is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might show up in search results. If you do not wish for posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.

Linked Internet Sites

Physical Medicine and Board Review QBank is not responsible for the content available on any other Internet sites linked to the site. Access other Internet sites linked to the site is at your own risk.

You may link to the home page of our website as long as the link does not cast us in a false or misleading light.

Postings

Physical Medicine and Board Review QBank is under no obligation to review any messages, information, or content (“Postings”) posted on the site by users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Physical Medicine and Board Review QBank may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, 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 employees of Physical Medicine and Board Review QBank purporting to speak on behalf of Physical Medicine and Board Review QBank
  • 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

DMCA Guidelines

In accordance with the Digital Millennium Copyright Act (DMCA), Physical Medicine and Board Review QBank encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the Physical Medicine and Board Review QBank website who believes they are a victim of copyright infringement should notify the Physical Medicine and Board Review QBank  immediately.

If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us the following information:

  • The description of the probable copyright infringement material(s)
  • Any information that can assist Physical Medicine and Board Review QBank to properly pinpoint the information, including, infringer’s user ID, URL of the page, date of posting, etc.
  • Detailed contact information, including your full name, address, e-mail, and telephone number
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Send written communication to:

admin@pmrboardreview.com

Governing Law

This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This agreement is governed by the internal substantive laws of the state of Louisiana in the United States of America, without respect to the conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts  in the United States of America. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

Should you have any questions regarding this agreement, you may contact Physical Medicine and Board Review QBank at any time.

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