1. Eligibility

You must be at least 18 years of age to register for an account and use our Services.

Our Services are intended for licensed and credentialed healthcare professionals and for students enrolled in professional healthcare programs. If you are under the age of legal majority where you live, you may use our Services only with the permission of a parent or legal guardian who agrees to be bound by these Terms.

You may not use our Services if you have previously been suspended by us.

If you use our Services on behalf of another person: (a) all references to "you" throughout these Terms will include that person; (b) you represent that you are authorized to accept these Terms on that person's behalf; and (c) in the event you or the person violates these Terms, the person agrees to be responsible to us.

2. User Accounts and Account Security

You must register for an account to access most of our Services. Accounts are created on the RxCe website. Our mobile applications are sign-in only — you cannot create an account within the app.

If you register for an account, you must provide accurate account information — including accurate professional credentials where we request them — and promptly update this information if it changes. Because we are required to document and report the continuing education credit you earn, the accuracy of your name, professional license information, and other identifiers is your responsibility.

You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reclaim user accounts, including on behalf of individuals that hold legal claim, including trademark rights, in those user accounts. You agree that your account is not transferable and that in the event of your death, incapacity or unavailability, we may terminate any rights to your account.

3. Deleting Your Account

You may delete your RxCe account at any time. You can begin this process on the RxCe website, or from within our mobile application, which will direct you to the same secure deletion page.

Deleting your account is permanent and cannot be undone. Before you confirm, we will show you exactly what is deleted and what is retained, and you must acknowledge both.

What we retain. Records of continuing education credit you have already completed are retained in de-identified form, as our accreditors require and as described in our Privacy Policy. Financial and transaction records are retained as tax and accounting law requires.

What this means for you. Once your account is deleted, we cannot re-issue your certificates, verify your credit to a licensing or certifying board, or report any credit that had not yet been transmitted at the time of deletion. We strongly recommend downloading your credit transcript before you delete your account. You will receive a confirmation code by email; please keep it, as it is the only reference we will retain.

Full details are in Section 8 of our Privacy Policy.

4. Payment

Some of our Services are provided free of charge. Paid Services may be offered as individual purchases or as recurring subscriptions. The price, billing interval, scope of access, and other material purchase terms will be shown before you complete the transaction. You agree to pay all fees, charges, and applicable taxes based on the terms shown at the point of purchase.

Purchases and subscriptions are made on the RxCe website. Our mobile applications do not offer in-app purchases or subscriptions.

Individual purchases. When you make an individual purchase, you authorize Company to charge the one-time amount shown at checkout, together with any applicable taxes, to the payment method you designate.

Subscriptions. When you purchase a subscription, you authorize Company to charge the recurring subscription fee and any applicable taxes to the payment method you designate at the billing interval disclosed at checkout. Unless otherwise stated at checkout, subscriptions automatically renew until canceled. You may cancel a subscription using the cancellation method made available through the RxCe website before the next renewal date. Cancellation stops future renewal charges and takes effect at the end of the current paid billing period unless otherwise stated. Except as required by applicable law or provided in Section 13, cancellation does not retroactively refund amounts already paid.

If Company cannot charge your payment method for any reason, Company reserves the right to suspend or terminate access to the applicable paid Services and, if the issue remains unresolved, to suspend or terminate your account and these Terms.

We reserve the right to adjust pricing for individual purchases at any time before purchase. We may also change subscription prices. Any subscription price change will take effect no earlier than a future renewal after we provide advance notice, subject to applicable law. If you do not agree to a subscription price change, you must cancel the subscription before the change takes effect.

5. Free Content

Certain courses, activities, or features may be offered at no charge. Free content is separate from paid individual purchases and subscriptions and does not automatically convert into a paid Service. Company may add, remove, suspend, or change free content at any time. Any continuing education credit already earned and awarded before a change will be handled in accordance with these Terms and our Privacy Policy.

6. Continuing Education Credit and Certificates

Company may award continuing education credit and issue certificates to learners who satisfactorily complete an activity's requirements. The requirements vary by activity and may include a post-test, an evaluation, or both. The decision whether credit and a certificate are awarded is determined by the activity's accreditation requirements and is within the discretion of the Company.

Reporting. Where reporting is required for the credit type, or where you request or authorize us to report on your behalf, we transmit your completion to the applicable accreditation or licensing system, as described in our Privacy Policy. It remains your responsibility to confirm that credit you have earned appears on your own records with your licensing board, certifying board, or credentialing body, and to retain your certificates for as long as those bodies require.

Company is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team.

Educational content only. Our Services provide professional education. They are not a substitute for clinical judgment, do not provide medical advice, and are not intended for use in the diagnosis or treatment of any individual patient. Do not submit patient information to us — see our Privacy Policy.

7. Honor Code

By enrolling in our courses or activities, you agree that you will:

• Complete all tests and assignments on your own
• Maintain only one user account, unless Company has approved the use of a separate account in connection with an employer-sponsored or university-sponsored program
• Not let anyone else use your username or password
• Not engage in any activity that would dishonestly improve your results or improve or hurt the results of others
• Not post or distribute answers to problems that are used to assess learner performance
• Accurately represent your professional credentials

If found in violation of the above honor code, you may be subject to: (a) having any certificate earned in the course or activity withheld or revoked; (b) being unenrolled from a course or activity; (c) having credit already reported to an accrediting or licensing body retracted; or (d) additional actions at the Company's sole discretion. No refunds will be issued in the case of honor code violations.

8. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

• Impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity
• Sell, resell or commercially use our Services
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services
• Use our Services other than for their intended purpose, or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services
• Reverse engineer any aspect of our Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services, including online textbooks, course materials, audio content, trademarks or logos
• Develop or use any applications that interact with our Services without our prior written consent
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms

Enforcement of this Section is solely at Company's discretion, and failure to enforce it in some instances does not constitute a waiver of our right to enforce it in others. This Section does not create any private right of action on the part of any third party.

9. Ownership; Limited License

The Services — including the texts, exams, audio recordings, video, images, simulated patient encounters, and other instructional materials provided with the courses and activities offered through the Services — are owned by Company or our licensors and are protected under United States law. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.

Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Where you obtain our mobile application from an app store, this license is further limited to use on any device that you own or control, as permitted by the usage rules of that app store.

Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights.

10. Trademarks

RxCe and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners, including designations used by accrediting bodies such as AMA PRA Category 1 Credit™, which Company uses under the authority of its accreditation. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

11. Feedback

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Company or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Company's sole discretion. You understand that Company may treat Feedback as nonconfidential.

Course evaluations and commercial bias reports you submit are used for the purposes described in our Privacy Policy, including as accreditation evidence.

12. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

13. Warranty

If you are not completely satisfied with a paid Service, Company will provide a refund of the applicable service fee paid by you. For an individual purchase, this guarantee must be claimed within thirty (30) days after that purchase. For a subscription, this guarantee must be claimed within thirty (30) days after the initial subscription payment. No refund will be made for requests after the applicable period has elapsed, except as required by law.

14. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided herein, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Company attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Company will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Company has been advised of the possibility of such damages.

The total liability of Company for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Company, or for any other matters in which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

To the fullest extent permitted by applicable law, you release Company from responsibility, liability, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

17. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Company agree that any dispute arising out of or related to these Terms or our Services is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Company seeks to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Company or relating in any way to the Services, data privacy, or cyber security laws or regulations, you agree to first contact Company and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Company by email at help@rxce.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Company cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Missoula, Montana, or may be conducted telephonically or via video conference for disputes alleging damages less than $20,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). For purposes of this section, you will be deemed a "consumer" if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

The arbitrator, Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Company agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of Montana and the United States sitting in Missoula County, Montana have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending an email to help@rxce.com. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.

If any portion of this Section is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) 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. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

18. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Montana, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Montana or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Montana and the United States, respectively, sitting in Missoula County, Montana.

19. Modifying and Terminating our Services

We may terminate, change, suspend or discontinue any aspect of the Services at any time. We may restrict, impose limits on, suspend or terminate your access to the Services or features if we believe you have violated these Terms or applicable law, or for any other reason without notice or liability.

If we terminate your account, records of continuing education credit you have already earned are handled as described in Section 3 and in our Privacy Policy.

20. Mobile Applications Obtained Through an App Store

This Section applies where you obtain an RxCe mobile application through a third-party app store or distribution platform (an "App Provider"), including the Apple App Store and Google Play.

These Terms are between you and Company only, not with the App Provider. Company, not the App Provider, is solely responsible for the RxCe application and its content.

Support. The App Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the application. All support requests should be directed to help@rxce.com.

Warranty. In the event of any failure of the application to conform to any applicable warranty, you may notify the App Provider, and where applicable the App Provider may refund the purchase price for the application, if any. To the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of Company.

Product claims. Company, not the App Provider, is responsible for addressing any claims relating to the application or your possession or use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

Third-party intellectual property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, Company, not the App Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party beneficiary. You acknowledge and agree that the App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the RxCe application, and that upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Usage rules. Your license to use the application is subject to the applicable usage rules of the App Provider's terms of service.

21. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22. Miscellaneous

The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as expressly provided in Section 20 with respect to App Providers, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

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