Terms & Conditions
II. DEFINITIONS. The following definitions apply to the terms used in this agreement:
“Content” means the material that is original to, or is owned by RITE, including but not limited to, the Programs and the text, software, photographs, graphics, video, music, and sound contained in the Programs.
“Educational Users” are universities, colleges, and other educational institutions, as well as professors, instructors, teachers, and similarly-situated individuals who purchase multiple Licenses for their students’ use. “Multi-Licensed Users” include “Educational Users.”
“Individual Licensed User” shall have the meaning set forth in Section IV below.
“License” shall mean the rights obtained by purchasing a membership to a Program, as further described in Section IV below. “License” and “membership” may be used interchangeably in these Terms and Conditions.
“Multi-Licensed User” shall have the meaning set forth in Section IV below. “Multi-Licensed Users” shall include “Educational Users.”
“Programs” shall be the medical imaging educational and testing programs that RITE creates, owns, procures and/or offers for sale, and provides access to, via its Website or via Third Party Websites. “Programs” shall also include such other products as RITE may offer for sale from time to time.
“RITE” means RITE Advantage LLC, an Illinois limited liability company.
“Third Party Websites” are third-party web addresses that host RITE’s Content, including, but not limited to the Think Exam portal through which Users may login and access the Programs.
“User” and “you” mean any individual or entity using or accessing the Website or any of the Programs. The terms “User” and “you” include Multi-Licensed Users, Individual Licensed Users, and non-licensed individuals and entities.
The “Website” shall mean the website that is accessible via the address http://www.riteadvantage.com/ (the “Website”) and its variations.
IV. INTELLECTUAL PROPERTY MATTERS.
A. Ownership of Content. RITE owns certain copyrighted material, trademarks, and other proprietary information, including, but not limited to, the text, software, photographs, graphics, video, music, and sound contained in the Programs (the “Content”). The Content is protected by copyright law, trademark law, and other intellectual property rights. RITE owns the intellectual property rights in the selection, coordination, arrangement, and enhancement of the Content, as well as in all Content that is original to RITE or has been assigned to RITE. You may not reproduce, distribute, display, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part, except as provided in these Terms and Conditions or as approved in advance in writing by RITE. Users who have not obtained valid Licenses (as described below) are not authorized to use or view the Programs.
B. Limited License. Individuals who obtain membership(s) to one or more of the Programs (“Individual Licensed Users”), and individuals and entities who obtain multiple memberships to one or more Programs through the Website (“Multi-Licensed Users”) are granted certain limited rights to access and use the Programs as described below. “Individual Licensed Users” also include individuals who validly obtain memberships through purchases made by Multi-Licensed Users.
1. Individual Licensed Users.
(a) Grant of License. As long as the Individual Licensed User meets all applicable payment obligations (See Section III) and complies with the Terms and Conditions, as amended from time to time, including, but not limited to, the Restrictions set forth in subsection (b) below, RITE grants to such Individual Licensed User a personal, limited, nonexclusive, nontransferable, revocable license to access and use the Program(s) for which membership(s) has/have been duly purchased by or for the Individual Licensed User for a period of six (6) months from the date of purchase (or such longer period of time as has been agreed upon in writing by RITE and the Individual Licensed User (or the Multi-Licensed User on the Individual Licensed User’s behalf, as the case may be)).
(b) Restrictions on License. The Individual Licensed User acknowledges and agrees that he or she will not: (a) Provide access to the Programs or give his or her login information or registration code(s) to any third party; (b) Reproduce, duplicate, copy, modify, make derivative works from, deconstruct, reverse-engineer, sell, or trade the Programs or any part of the Programs; (c) Attempt unauthorized access to any Program with respect to which the Individual Licensed User has no membership; (d) Permit any third party to use or benefit from the Individual Licensed User’s membership; or (e) transfer, sell, trade, or resell the Individual Licensed User’s license or membership to the Program(s) to any third party. Notwithstanding the foregoing, the Individual Licensed User may print worksheets and notes posted to the “Documents” section of the dashboard.
2. Multi-Licensed Users.
(a) Grant of Licenses. As long as the Multi-Licensed User meets all applicable payment obligations (See Section III) and complies with the Terms and Conditions, as amended from time to time, including, but not limited to, the Restrictions set forth in subsection (b) below, RITE grants to the Multi-Licensed User limited, nontransferable, revocable licenses to access and use the Programs for which memberships have been duly purchased by the Multi-Licensed User for a period of six (6) months from the date of the submission of the Multi-Licensed User’s Individual Licensed User’s registration information (as defined in subsection (b) below) (or such other period of time as has been agreed upon in writing by RITE and the Multi-Licensed User).
(b) Restrictions on Licenses. The Multi-Licensed User shall use and have access to those Programs for which the Multi-Licensed User has purchased memberships, for the specific number of persons corresponding to the number of memberships purchased, with no substitution of such users. For example, if a professor purchased a three-user membership pack for RITE’s CT Physics Registry Exam Preparation Program, then the professor must designate three specific students to register for the Program. The three specific students who are registered and provided with access to and use of the Program, are the only students from the class licensed to use the Program unless the professor purchases additional memberships for the Program. The licenses cannot be transferred from the original three students to other students in the class. Moreover, the original three students in the professor’s class cannot access any Programs other than the CT Physics Registry Exam Preparation Program, unless additional memberships for another Program or other Program(s) are purchased. With respect to the CT Physics Registry Exam Preparation Program, the professor is considered an “Educational User” and a “Multi Licensed User,” and the original three students are considered the “Multi-Licensed User’s Individual Licensed Users.” The Multi-Licensed User’s Individual Licensed Users (i.e., the students) must comply with the terms and conditions set forth in subsection 1 above.
(c) The Multi-Licensed User acknowledges and agrees that he, she, or it will not: (a) Provide access to the Programs or give his, her, or its login information or registration code(s) to any third party, except to the Multi-Licensed User’s Individual Licensed Users (i.e., individuals for whom a membership has been duly purchased, as described above); (b) Reproduce, duplicate, copy, deconstruct, make derivative works from, modify, reverse-engineer, sell, or trade the Program(s) or any part of the Program(s); (c) Attempt unauthorized access to any Programs that have not been duly purchased by the Multi-Licensed User; (d) Permit any third party to use or benefit from the Multi-Licensed User’s licenses, except the Multi-Licensed User’s Individual Licensed Users; or (e) transfer, sell, trade, or resell the any license to the Program(s).
V. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
a. Disclaimer of warranties.
RITE’S WEBSITE, PROGRAMS, MEMBERSHIPS, AND LICENSES ARE PROVIDED IN “AS IS” CONDITION, AND RITE, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES, AND NON-INFRINGEMENT. RITE DOES NOT REPRESENT OR WARRANT THAT THE content of its website or PROGRAMS is ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE WEBSITE, ITS SERVERS, programs, OR ANY PLATFORM APPLICATIONS, OR ANY THIRD PARTY WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RITE does not guarantee continuous, uninterrupted, or secure access to the Website or the Programs, and the User acknowledges that operation of the Website AND THIRD PARTY WEBSITES may be interfered with by factors outside of RITE’s control. RITE does not guarantee, and does not promise, that any specific result will be achieved or that any specific ability or skill will be obtained from the use oF ANY OF THE Programs.
b. limitation of liability.
RITE DISCLAIMS ALL RESPONSIBILITY, AND rite and its members, MANAGERS, employees, agents, and subcontractors SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, EXPENSE, DEFICIENCY, LIABILITY, OR DAMAGE OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RITE HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO, (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, third party websites, or the content THEREOF, INCLUDING, BUT NOT LIMITED TO, viruses, OUTDATED INFORMATION, INCORRECT INFORMATION, AND TYPOGRAPHICAL ERRORS IN THE PROGRAMS; (B) THE UNAVAILABILITY OR INACCESSIBILITY OF THE WEBSITE or any third party website OR ANY PART THEREOF through no fault of rite’s; (C) YOUR USE OF THE WEBSITE or any third party website, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE PROGRAMS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, WITH ANY ASPECT OF THE PROGRAMS, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE website and the programs. In no event shall Rite or any of its members, managers, employees, agents, or subcontractors be liable to USERS FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OR RESULTING FROM OR CAUSED BY THE WEBSITE OR ANY THIRD PARTY WEBSITE OR PRODUCTS SOLD ON THE WEBSITE OR ANY ANY THIRD PARTY WEBSITE, EVEN IF RITE IS AWARE OF, OR HAS BEEN ADVISED OF, THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO: Loss of actual or anticipated profits; loss of revenue; loss of business; loss of opportunity; loss of good will; loss of reputation; loss or damage to, or corruption of, data; loss of use of moneY; OR LOSS OR DAMAGE TO, OR CORRUPTION OF, PERSONAL INFORMATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, RITE’S LIABILITY TO THE USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY THE USER (OR BY ANOTHER USER OR A THIRD PARTY ON THE USER’S BEHALF) TO RITE AS CONSIDERATION FOR THE PRODUCTS PURCHASED BY THE USER (OR BY ANOTHER USER OR A THIRD PARTY ON THE USER’S BEHALF).
VII. LINKS TO OTHER WEBSITES.
A. Disclaimer Regarding Links on the Website. RITE provides links to other websites on the Website for your convenience. RITE is not responsible for the content of, or privacy practices of, other websites. RITE’s links to other websites do not imply RITE’s approval or endorsement of any content or views expressed in such websites. RITE disclaims any and all liability whatsoever, inclusive of all of the above disclaimers and limitations (See Section V), arising from RITE’s links to other websites.
B. Links to RITE’s Website from Other Websites. You are not permitted to establish any link to the Website on your website or on any third-party website in such a way as to suggest any form of association, approval, or endorsement on RITE’s part where none exists. RITE reserves the right, on demand and at its discretion, to direct you to remove any links to the Website from other websites, and you shall promptly comply with any such direction or any other lawful direction that RITE may give to you in relation to the placing of any such link on your website or any third-party website. If you add a link to this Website to your website or to any third-party website, you do so at your own risk. RITE disclaims any and all liability whatsoever, inclusive of all of the above disclaimers and limitations (See Section V), arising from links to the Website from your website or any third-party website.
X. EDUCATIONAL USERS AND STUDENTS.
A. A student registering with RITE for a membership to a Program as required by an Educational User must register for such Program with the student’s Educational User-issued email addresses or with such other credentials as have been provided to RITE by the student’s educational institution, professor, or instructor, as the case may be. To register, the student will need to click the “Register & Pay” button next to the “membership” link on the Website and complete the registration process.
B. Educational Users are required to submit the registration information (i.e., email addresses and/or other registration credentials) for the students for whom memberships have been purchased within seventy-two (72) hours of purchase of the memberships.
C. RITE uses Think Exam’s platform for its exam Programs. The Think Exam portal can be reached from the Website, or by clicking here. You may need to register with Think Exam in order to access the Programs.
XI. COMMUNICATION WITH RITE.
A. Contacting RITE. Unless otherwise agreed upon by RITE, the User must communicate with RITE using the forms provided on the Contact Us, Success Stories, and Tell Us What You Think pages on the Website.
B. Success Stories, Promotions, & Tell Us What You Think. By submitting your information to the Success Stories or Tell Us What You Think pages on the Website, you agree to allow RITE to display your first name, state, and success story on any and all media, including, but not limited to, promotional flyers, emails, social media pages, and web pages. You further agree that the information that you have submitted to RITE is truthful and accurate. RITE requires the User’s last name and email address to verify the User’s customer record and certification, but RITE will not display the User’s last name or email address on the Success Stories page.
Unsolicited Submissions. Any ideas, feedback, or comments sent to RITE will become property of RITE and can be used in any way RITE pleases.
XIII. MISCELLANEOUS PROVISIONS
A. Force Majeure. RITE shall not be responsible for failure to perform any obligation under any agreement which failure is caused by an event that cannot be controlled by RITE, including, but not limited to, an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, or any similar unforeseen event.
B. Governing Law, Jurisdiction, and Venue. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You agree that any cause of action you may have with respect to the Website or any Program must be filed in the federal or state courts located in DuPage County, Illinois, or as near to DuPage County, Illinois, as is possible, and you waive any objection based on forum non-conveniens. As a condition of using the Website and the Programs, you agree that all causes of action arising out of or connected with the Website and the Programs sold through the Website or any Third Party Website shall be resolved individually, without resort to any form of class action.
C. Severability and Enforcement. Wherever possible, each provision of the Terms and Conditions shall be interpreted so that it will be legally effective and enforceable. If the applicable law prohibits or invalidates any provision of the Terms and Conditions, such provision shall be rendered ineffective and severable from the remainder of the Terms and Conditions without affecting or impairing such remainder’s validity.
D. Terms. All references to the plural shall include the singular, all references to the singular shall include the plural and all pronouns shall include any other appropriate pronoun wherever the text and the context so require.
E. Non-Exercise not a Waiver. Unless otherwise expressly provided by these Terms and Conditions, the delay or the failure of RITE to exercise any right under these Terms and Conditions shall not affect RITE’s rights nor shall it constitute an ascent to a subsequent breach.
F. Consents limited. If any action by the User or RITE shall require the consent or approval of the other party, the other party’s consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion.
H. Social Media Advertising. Upon membership, any information that is and progress of members as well as any information that is liked or shared to any social media venue can be used for advertising purposes for RITE Advantage.