Terms of Use

License Agreement and Terms of Use

Exam Master® Pharmacy Pre-Matriculation Success Program

The following are the terms which cover the access and use of Exam Master Online®, Exam Master Academic Manager®, and Exam Master’s Pharmacy Pre-Matriculation Success program delivered via the Thinkific® course management system (“Applications”) and Exam Master Online®.

ACCEPTANCE OF AGREEMENT: You agree you accept this end user license agreements during the process of installing or using the Applications, and by clicking an “I ACCEPT” or “I AGREE” button, or any similar button, such you shall be deemed to confirm and accept the terms and conditions of this agreement.

DEFINITION: Exam Master Online® and Exam Master Academic Manager® are electronic testing and educational resources developed, owned and distributed by EMC, and made available to you under this end user license and is defined as the composition of all applications, programs, program code, features, questions, data, images, and any content - in whole or in part and in any form - that are contained in these resources. These materials are protected by copyright, trademark, and other proprietary rights and laws. Thinkific is a learning management system which is the property of Thinkific and is used by EMC to house a portion of its Pharmacy Pre-Matriculation course content which is the property of EMC and/or EMC partners.

LICENSE: The Applications and all of their content are licensed, not sold. You acknowledge and agree that the Applications are owned exclusively by EMC or Thinkific. This Agreement does not convey to you any ownership rights or any other interest in the Applications.

SCOPE OF LICENSE: You are authorized to register for access and use of the Applications through your “email address” or "user name" and "password" from any computer or digital device at any location. You agree to use all reasonable efforts to protect your access to the Applications and to report any known or suspected incidents of unauthorized use, modification, reproduction, distribution, or publication, or any other unauthorized activity with respect to the Applications. EMC reserves the right to terminate access for you if you fail to comply with any term or condition of the end user license agreement. User accounts which are closed for violation of end user license agreements are not eligible for refunds or refunds will be issued at the discretion of EMC

PASSWORD AND SECURITY: EMC will require you to provide a valid email address as part of the user authentication requirement associated with registration. You are responsible for maintaining the confidentiality of you password and for all activities in connection with your password.

OBLIGATION TO PROVIDE ACCURATE INFORMATION: EMC will require thatyou represent and warrant that you will provide, or allow for, accurate, complete, and up-to-date information about you as prompted by the components of the Applications in the registration process, and you will provide, or allow for, updates of this information as appropriate. If any information provided by you is inaccurate or incomplete, or if you have violated any of the terms of this Agreement, then EMC may, without notice and at its sole discretion, terminate your license and access to and use of the Applications.

USE OF INFORMATION AND PRIVACY: Except with approval by you or another person on your behalf, or as required by law, EMC will not disclose your name, e-mail, mailing address, telephone number(s), or facsimile number(s) or any other personal identifying information to unrelated third parties. To better serve the customer base, EMC may from time-to-time seek user feedback by email surveys and/or electronically acquire data that will allow for the compiling of analytical information on question difficulty, content accuracy, application thoroughness, or feature performance. Additionally, EMC may conduct customer demographic analysis in order to provide ongoing information regarding medical content, product announcements, and/or other services.

"Aggregate Information" is information that does not indicate the identity of individual users, but describes usage patterns, score results, and/or demographics of users as a group.

"Individual information" is information about a user presented in a form distinguishable from information relating to other users, but not in a form that enables individual identification of any user.

"Locator Information" may consist of a user's name, email address, IP address, and/or other user data that is strictly required for user identification.

“Personal Information” consists of locator information as well as information related to your activity using the Applications including log in dates and times, time spent accessing or viewing the applications, information on which Applications resources were accessed by yo and when, as well as results of quizzes or exams created or taken by you.

EMC may acquire by electronic means and share with any independent contractors both aggregate information and individual information gathered during use of the Applications only as necessary to deliver the Applications to you. Locator information about you may be gathered, processed, or used for such purposes as automatic registration, access verification, computer compatibility analysis, update notifications, etc.

You agree that where an institution, school or other educational program pays for or licenses the Applications on your behalf (“sponsoring institution”), EMC may be obliged to provide some forms of all three types of information, Aggregate, Individual, Locator, to the sponsoring institution as it may require. Moreover, in a manner that is consistent with the requirements of the Family Educational and Privacy Act (FERPA), this end user license agreement authorizes EMC to provide or make accessible to the sponsoring institution such Personal Information as it may require for ordinary educational purposes. The sponsoring institution assumes responsibility for ensuring that any Personal Information it acquires from EMC or by access to the Applications is protected under FERPA.

ADDITIONAL USER RESPONSIBILITIES: EMC requires that you comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Applications, and shall not impersonate any person or entity or falsely represent their identity, and shall not interfere with the use of the Applications by other End Users.

TERM: This Agreement will become effective on the date of its acceptance by you and shall extend for as long as you have access to the Applications.

MEDICAL DISCLAIMER: The Applications are provided to you for educational purposes only and are not intended to provide you or anyone else with medical consultation regarding the diagnosis or treatment of any patient.

UPDATED TERMS AND CONDITIONS: EMC reserves the right to modify its end user license agreements at any time with proper notice to you at the time of modification. EMC reserves the right to change the features and functionality of the Applications based on customer feedback, marketing input, and industry trends or standards -- without notice and without liability of any special requirements on your part. Such changes shall not decrease the features or functionality of the Applications as provided at the time of execution of this license.

TRADEMARKS: Exam Master Online® and Academic Manager® and the associated logo(s) are registered trademarks of EMC. No right or license to any trademarks owned by EMC is granted to you by this Agreement.

DATA SECURITY: EMC will ensure that all Applications are deployed and maintained in compliance with applicable privacy and data protection laws, rules, and regulations. All systems containing your data must be designed, managed, and operated in accordance with information security best practices and in compliance with all applicable laws, rules, and regulations.

INDEMNIFICATION: Except to the extent resulting solely from your negligence or willful misconduct, EMC shall indemnify, protect, defend and hold harmless you from and against any and all claims, suits, demands, penalties, damages, judgments, liabilities, losses, fees, costs, and expenses (including attorneys’ fees) arising out of, involving, or in connection with its performance of this Agreement, EMC’s violation of applicable law or regulation, data breach, or the acts or omissions of EMC, its officers, agents, or employees.

DISCLAIMER OF WARRANTIES AND LIABILITY:

End Users may be able to access other internet sites not created by EMC or its affiliates through this application. The reliability, availability, legality, performance, and other aspects of resources on internet sites not created by EMC or its affiliates are beyond EMC's control, and EMC makes no representations or warranties with respect to such sites. EMC makes no warranty, express or implied, on behalf of any product or service offered, sold, or otherwise made available to End Users as a result of their use of the Applications, and expressly disclaims any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose with respect to such services or items.

The Applications may be used by clients of EMC including medical faculty or educators, test prep services, consultants, and other educational providers for purposes of teaching, training or assessment and may include content which was not originally developed nor is owned by Exam Master. EMC disclaims any warranties and liability with respect to the accuracy, suitability, reliability or use of this content. In this regard, EMC cannot attest to the viability of client networks or the internet in general or for application interfaces, such as browser programs of any version or type. Additionally, due to the number of sources from which content in this application is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such content, or in program feature enhancements or modifications.

EMC and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, title, non-infringement, merchantability, or fitness for a particular purpose of the content or program available through this application.

You understands and agree that the use of Exam Master Online by you is at your sole discretion and risk. EMC warrants that the Applications shall be available 99.9% of the time. EMC represents and warrants that it will provide the Applications using reasonable skill and care. Except as stated herein, the Applications are provided "as is" and "as available" and EMC makes no warranty that the service will be uninterrupted, secure, free of viruses or other mechanisms, or error free. EMC shall not be responsible for any act, failure, event, or circumstance if such act, failure, event, or circumstance is caused by conditions beyond EMC's reasonable control.

Neither EMC nor any of its affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury resulting directly from use of this application, caused in whole or part by contingencies beyond EMC’s control in procuring, compiling, interpreting, reporting, or delivering this program and any content through this application. In no event will EMC, its affiliates, agents, or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such content or this application.

Except for its indemnification obligations, neither party shall be liable to the other or anyone else for any consequential, special, incidental, indirect, or similar damages resulting from the use (or the inability to use) the Applications, even if such party knew or should have known of the possibility of such damages in any way, and even if EMC was advised of the possibility of such damages. The parties agree that the liability of each party, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this application or the content in this application shall not exceed the greater of (i) four (4) times the amount paid to EMC for the use of this application in the 12 months immediately preceding the event giving rise to such claim and (ii) the limits of the liable party’s policies of insurance.

EMC does not hold copyright to any data that is not provided by EMC and is in no way liable or accountable under any theory of damages relating to use of this data. However, any EMC content, e.g., from the EMC database, that is edited or otherwise modified in any way shall be the sole and exclusive property of EMC under international copyright laws and US copyright laws. Any data provided by you or by End Users is and will continue to be owned by such entity or person.

* The EMC content available through the Applications (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, software, and databases) is the property of EMC or one of its partners and is protected by copyright and other intellectual property laws. The Applications are also copyrighted as a collective work under United States copyright law.

* If licensed as an option from EMC, content received through the Applications may be displayed via the program features and printed for the administration of examinations or study assignments. The number of printed copies of any exam that is allowed is limited to the number of Institutional Users that are licensed by an Institutional Client. This printed material is to be for non-commercial use only, unless otherwise agreed to in advance and in writing by EMC. In any event, EMC copyright indications that are standard on printouts and screen displays must be included in any printing. The license to use printed exams is effective as long as the license to use the Applications is current, and is revoked if the license to use Exam Master is not current. EMC reserves the right to restrict or disable printing features for any reason at any time.

*If, under licensing permission for certain approved institutional clients of EMC, data is modified from the EMC database, then said data shall only be used for internal organizational use that is non-profit and for educational testing and review purposes only. It is not to be used in any way otherwise without prior written permission of EMC.

* If the data utilized in the Applications is originally provided or entered by agents of an institutional client, no copyright or permissions notice regarding the content shall be required by EMC, but the data used may have requirements for safeguarding as the institutional client deems necessary and, if so, the indication of this requirement to users is the obligation of the institutional client. EMC provides the entry and delivery systems for such data, but cannot - and will not - be responsible or liable for the use or misuse of said data, nor for any claims made or implied by the data, nor attest to any promotional messages or endorsements that an institutional client or its agents or affiliates may make or indicate in any way. The institutional client assumes all responsibilities relating to data provided by staff or agents of the institutional client.

* The content in the Applications includes facts, views, opinions, research, rationales, and recommendations of individuals and organizations deemed by EMC as having the expertise and academic and professional credentials qualifying them as bona fide content providers for this application. Nevertheless, EMC does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse, these facts, views, opinions, rationales, or recommendations, nor does EMC advocate or endorse the purchase of any medical device, client-training program, or pharmaceutical therapy. End Users may not post any content from the Applications to newsgroups, mail lists, or electronic bulletin boards, without the prior written consent of EMC. To request consent for other matters, please contact EMC Customer Service at [email protected].

MISCELLANEOUS: Unless otherwise restricted by law, this Agreement shall be construed, interpreted, and governed by the laws of the State of Delaware of the United States of America, without regard to the laws governing conflicts of law. Each party shall cover its own legal expenses arising out of any action regarding any subject matter of this Agreement. The parties further agree that any claim relating to this Agreement shall be brought in a court of competent jurisdiction. If any court of competent jurisdiction declares any term of this Agreement void or unenforceable, enforcement of the remaining terms shall not be affected. No waiver of any right under this Agreement shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement. You may not use this application for any unlawful purpose. You are responsible for all statements made and acts or omissions on your part that occur while using this application. This Agreement sets forth the entire agreement between EMC and you with respect to all matters covered herein.

Effective Date: 5/15/2019