Terms of Service Agreement
APEXAnesthesia.com is owned by APEX Anesthesia Review LLC, a Virginia limited liability company (“APEX Anesthesia”). This Terms of Service Agreement (hereinafter the “Agreement”) for the APEXAnesthesia.com website applies to persons who visit, register with, subscribe to, or otherwise use the APEX Anesthesia website (“Users” and “you”). You must agree to be bound by the terms and conditions of this Agreement in order to use or access APEX Anesthesia services (“Services”) or the APEX Anesthesia.com website (hereinafter referred to as “APEXAnesthesia.com” or “the Site”).
2. About APEXAnesthesia.com.
APEX Anesthesia.com prepares Student Registered Nurse Anesthetists for the National Certification Exam by providing a study plan and access to a wide range and type of study materials, including review text, question-based learning tutorials, practice exams, and a members-only discussion forum in which Users may post their comments and questions and other Users may reply to those postings.
3. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. APEX Anesthesia.com shall not be used by companies or by anyone for commercial use without the expressed written consent of APEX Anesthesia. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by APEX Anesthesia to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. Further, if you register with and/or subscribe to the Site, you agree not to transfer, loan, give, share, or sell your APEXAnesthesia.com account user name and password to another party.
The Site provides you with the opportunity to subscribe for one, two, or three years for access to all of the tools and features we provide. The cost of each subscription option can be viewed on the Site and is subject to change at any time.
5. Purchases and Billing.
If you choose to make a purchase from us, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. Your charge will be authorized and charged at the time you order. APEX Anesthesia reserves the right to change its features and services, fees, terms of sale, or billing methods for new subscribers at any time. You agree to provide APEX Anesthesia with truthful and accurate contact and billing information. The terms and conditions of specific services are disclosed on our Site and you agree to such terms and conditions when you place your order. All charges for subscriptions are made on a one-time, non-recurring basis and are non-refundable except as set forth in the Guarantee below.
APEX Anesthesia cannot and does not guarantee that you will pass the National Certification Exam or any other test. In the event, however, that you do not pass the National Certification Exam on your first try after you have completed all of the APEX Anesthesia.com tutorials, topic review exams, and full length exams, upon your written request we will provide to you continued access to the Service at no cost to you until the next National Certification Exam and will provide you with a study plan to help improve your odds of success when you retest. If you fail to pass the National Certification Exam on your third attempt, provided you have completed all of the APEX Anesthesia.com tutorials, topic review exams, and full length exams, we will refund the amount you paid to us upon your request and our receipt of true and correct documentation from the NBCRNA that details the results from all three of your attempts.
7. User’s Responsibilities and Acknowledgements.
8. Restricted Activities.
You are prohibited from any use of the Site, the Site’s contents, or the Services offered by the Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on or through the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or use curse words or profanity; (f) contain any pornography or obscene materials, or viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of APEX Anesthesia and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.
9. Access and Interference.
You agree that you will not use any robot, spider, botnets, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content (other than content you have solely created) without the prior expressed written permission of APEX Anesthesia.com and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, delete or refuse your postings, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our Services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us.
12. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, APEX Anesthesia. Such links do not necessarily constitute an endorsement by APEX Anesthesia of those sites. APEX Anesthesia undertakes no obligation to monitor such sites, and you agree that APEX Anesthesia is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, links or usage.
13. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. If you post a comment on the Site, you grant APEX Anesthesia a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify APEX Anesthesia or its affiliates for all claims resulting from content you supply. APEX Anesthesia has the right but not the obligation to monitor and/or remove any content on the Site.
14. DMCA Policy
APEX Anesthesia takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act (“DMCA”), APEX Anesthesia has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent by sending an email to info@APEXAnesthesia.com.
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
15. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us, and any companies that are affiliated with APEX Anesthesia, the right to contact you via email.
16. Disclaimer of Warranties.
WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. This disclaimer of implied warranties shall not apply in those jurisdictions that disallow the disclaimer of warranties.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF APEX ANESTHESIA. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APEX ANESTHESIA DISCLAIMS ANY AND ALL SUCH WARRANTIES.
17. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE APEX ANESTHESIA REVIEW LLC, ITS MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY APEX ANESTHESIA.18. Limitation of Liability.
IN NO EVENT SHALL WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT APEX ANESTHESIA’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our members, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim or claim of defamation, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. APEX Anesthesia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of APEX Anesthesia. You further agree to indemnify and hold harmless APEX Anesthesia from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
20. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving APEX Anesthesia and for the collection by APEX Anesthesia of amounts due for services provided, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Henrico County, Virginia and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or APEX Anesthesia may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Henrico County, Virginia necessary to protect the rights or property of you or APEX Anesthesia pending the completion of arbitration.
APEX Anesthesia grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site.
Failure by APEX Anesthesia to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
23. Right to Change this Agreement.
APEX Anesthesia reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following APEX Anesthesia’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
24. General Provisions.
This is the entire Agreement governing the use of the APEX Anesthesia Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state’s conflict of laws provisions. By using the Site you expressly and irrevocably agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Henrico County, Virginia. In the event of non-payment by a Site User of any amounts due, APEX Anesthesia shall be entitled to recoup all of its costs of collection, including but not limited to attorneys fees, court costs and interest at the rate of 18% per annum. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of APEX Anesthesia in accordance with applicable law and the remainder of the Agreement shall remain in full force.
25. Contact APEX Anesthesia.
Except as explicitly stated otherwise, any notices to APEX Anesthesia shall be given by postal mail to APEX Anesthesia Review LLC (in the case of APEX Anesthesia). You agree that you will notify APEX Anesthesia in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give APEX Anesthesia a reasonable period of time to address it before bringing any arbitration or legal action.
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