TERMS AND CONDITIONS
Latest revision: January 1, 2021
Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.
Additionally, please review the terms of our Disclaimer and Privacy Policy, for how your information is stored and shared.
These Terms and Conditions of Use (“Terms”) are a contract between you and PharmD To RPh LLC which governs your access to and use of any PharmD To RPh LLC website, content, products and/or services made available through the Naplex Accelerator Program Site (collectively, the “Site”) operated by PharmD To RPh LLC. (“Company”). The Naplex Accelerator Program contains information, including without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons and other icons, and the arrangement and compilation of this information (collectively, the "Information") that is either owned or licensed by PharmD To RPh LLC. Please read these Terms carefully before accessing and using the Site
Terms of Use.
Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing.
If you do not agree to these Terms, do not use the Site. Amendment of Terms. PharmD To RPh LLC may amend the Terms from time to time. Unless PharmD To RPh LLC provides a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
License. PharmD To RPh LLC grants you a non-exclusive and non-transferable license to use the Site. You may not download to hard copy individual pages of the site for your personal reference. The videos and test banks are available on portable devices for viewing and test taking purposes only. The Information contained on the Site may not be transferred to, shared with or disseminated with anyone for any purpose, including for personal profit, to facilitate unfair competition with the Site, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms. PharmD To RPh LLC reserves all rights, including but not limited to, intellectual property rights not expressly granted to you. The license is for your individual use only and cannot be sold or transferred unless separately, and explicitly authorized in writing by PharmD To RPh LLC. Further, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Site, any part thereof, or any of the Information received or accessed therefrom, to or through any other person or entity.
Restrictions. Notwithstanding the foregoing, you may not resell, redistribute, broadcast or transfer the Information, or use the Information in a searchable, machine-readable database or file except through authorized access to the Site. Unauthorized access to the Site is strictly prohibited. You agree to use the Site and Information for lawful purposes only. You agree not to post or transmit any information through the Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Site or Information.
Reporting Violations. Any unauthorized usage by and/or resulting from you or your actions will be reported to your school (if applicable) and/or to the state board for licensed personnel (if applicable). If PharmD To RPh LLC has found that passcodes have been shared with anyone else the access will be revoked effective immediately and no reimbursement will be made.
Disruption of Service. The Naplex Accelerator Program is not eligible for holds at any time. If your studies have been interrupted, notify the office by email at contactme@laquitajohnson.com.
Clinical Support. Naplex Accelerator Program clients have access to clinical support. Clients will receive responses from pharmacists via email, or by phone, at the discretion of the instructor. Email responses are used as the sole means of response between January- November 15th each year. If a client with clinical support requires assistance throughout the day, the client should collect the questions and send one email at the end of the day. This will enable the pharmacists to respond to all requests in a timely manner.
User Security Obligations. You agree to make reasonable efforts to ensure that no one other than you, (the “Authorized User”) obtains access, electronically or otherwise, to this site with your login credentials. In the event that you have reason to believe that someone has obtained unauthorized access to this site, you agree (i) to notify PharmD To RPh LLC at contactme@laquitajohnson.com within 24 hours of all information in your possession regarding such potential unauthorized access, (ii) to take reasonable action to resolve the unauthorized access, and (iii) to cooperate with PharmD To RPh LLC in eliminating the unauthorized access. Your liability for unauthorized access is limited so long as you, the Authorized User, has not willfully breached the limitations on your license.
Termination. Subject to the foregoing, your license to use the Site will continue for the term of your contract provided that you have complied with these Terms. Note that access expires when the day begins; for example, if access expires on July 31, 2021 the access ends after midnight on July 30, 2021. PharmD To RPh LLC reserves the right to terminate, restrict, or suspend your access to the Site at its discretion upon written notice, as provided herein. PharmD To RPh LLC reserves the right, at its sole discretion, to tender a prorated refund of any fees paid for the license. Upon any termination, PharmD To RPh LLC may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site.
Modification of Program. The Naplex Accelerator Program can not be modified.
Refunds and Cancellations. There are absolutely no refunds for our product and services. If you are unsure if a product or service is for you, read through our testimonials and/or send us an email with any questions to contactme@laquitajohnson.com.
Payments and Payment Plans. The investment for PharmD To RPh LLC programs and products vary. You agree to pay the full amount indicated on the checkout page and/or on your contract. If you’re unclear about the payment terms at the time of purchase, email contactme@laquitajohnson.com for clarification. You will receive a receipt upon purchase.
Renewals. The Naplex Accelerator Program is not eligible for renewals at any time.
Eligibility; Registration Information and Password; Site Access.
Eligibility Criteria. The availability of all or part of our Site may be limited based on geographic location, or other criteria as PharmD To RPh LLC may establish from time to time. You understand and agree PharmD To RPh LLC may disallow you from subscribing to PharmD To RPh LLC or may terminate your service at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase an PharmD To RPh LLC course or product. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, THAT YOU ARE AT LEAST 18 YEARS OLD. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
Account Information. You agree that the information you provide to PharmD To RPh LLC at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
Privacy and Consent to Share Certain Information. The PharmD To RPh LLC Privacy Policy is hereby incorporated into these Terms by reference. When you access content on the Site, we collect information, including, but not limited to, information about the practice tests completed, progression through PharmD To RPh LLCmaterial, and lectures you have watched. Information concerning your usage of our site and your progress using our study materials ("User Performance Information") may be disclosed to third parties such as educational institutions, professors, and product development partners for a variety of purposes, including, monitoring and analyzing practice test responses, and the development of new products and services. To the extent an educational institution (e.g., your school) collects and maintains User Performance Information, that information may be considered an educational record under the Family Educational Rights and Privacy Act ("FERPA"), 20 USC § 1232g. If so, you may have certain rights of access and confidentiality to those educational records, if any, as a client of that institution. By accessing and using PharmD To RPh LLC services, you consent to allow free exchange of User Performance Information between PharmD To RPh LLC and your educational institution. Please see the Privacy Policy, available on the PharmD To RPh LLC website, for more information.
Ownership; Proprietary Rights. The PharmD To RPh LLC website is owned and operated by PharmD To RPh LLC. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by PharmD To RPh LLC (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the copyrighted property of PharmD To RPh LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to PharmD To RPh LLC or its affiliates and/or third-party licensors. Except as expressly authorized by PharmD To RPh LLC you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to PharmD To RPh LLC, on PharmD To RPh LLC’s registered agent, and, with respect to you, to the email address you provide to PharmD To RPh LLC during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, PharmD To RPh LLC may give you legal notice by mail to the address provided during the registration process. In such a case, notice will be deemed given three (3) days after the date of mailing.
Copyright, Patent and Trademark Notice. Copyright 2020-2021 PharmD To RPh LLC. All rights reserved. The Site and Information is the valuable, exclusive property of PharmD To RPh LLC or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without PharmD To RPh LLC's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. PharmD To RPh LLC, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of PharmD To RPh LLC and/or Dr. LaQuita Johnson. All other product names and company logos mentioned on the Site or Information are trademarks of their respective owners.
Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” "SUBMIT", "DOWNLOAD", “PLACE MY ORDER”, "I ACCEPT" or such similar links as may be designated by PharmD To RPh LLC to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY PHARMD TO RPH LLC. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Disclaimers. To the fullest extent permissible pursuant to applicable law, your use of PharmD To RPh LLC products and services is solely at your own risk. In no event shall PharmD To RPh LLC be liable for any act, error, or omission by you, including without limitation, any which arises out of or is in any way connected to a User’s use of a video, service or product made available through the Site. You acknowledge and agree that no warranties of any kind are made with respect to the Site and other sites. Furthermore, you acknowledge that the Information and links provided through the Site are compiled from sources that are generally beyond the control of PharmD To RPh LLC. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that PharmD To RPh LLC and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE SITE AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. PHARMD TO RPH LLC DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. PHARMD TO RPH LLC EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHARMD TO RPH LLCSHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND/OR PHARMD TO RPH LLC INFORMATION, INCLUDING WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. UNDER THESE TERMS AND CONDITIONS, YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SITE AND INFORMATION, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD PHARMD TO RPH LLC HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
Warranties. The Site and any downloadable software, content, services, or applications made in conjunction with certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set forth in these terms might not apply to you, and you may have additional rights.
Release. By signing up for a PharmD To RPh LLC services you acknowledge and agree to release and discharge PharmD To RPh LLC, its directors, officers, managers, members, agents, employees, representatives and instructors, (hereinafter referred to collectively as the “Released Parties”), from any and all liability, claims, demands, causes of action, and expenses, (including attorneys’ fees and costs), whether past, present, or future, for personal injury, death, and/or property damage from any cause whatsoever arising from or in connection with your use of thePharmD To RPh LLC platform, even if such injury, death, and/or property damage is caused by a negligent act or omission by Released Parties.
Indemnification. You agree to defend, indemnify and hold PharmD To RPh LLC harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms. To the fullest extent permitted by law, you release, indemnify, and hold harmless PharmD To RPh LLC, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities arising out of or in any way related to your participation in or use of your PharmD To RPh LLC subscription or the Site, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of PharmD To RPh LLC or its employees, agents, licensors or contractors and whether or not the relevant claim has merit. In the event that any third-party claim is brought, PharmD To RPh LLC has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If PharmD To RPh LLC exercised this option, you agree to cooperate with it in asserting any available defenses.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES WILL PHARMD TO RPH LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF PHARMD TO RPH LLC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PHARMD TO RPH LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PHARMD TO RPH LLC’S LIABILITY TO YOU IS LIMITED TO THE AMOUNTS, IF ANY, PAID BY YOU TO PHARMD TO RPH LLC UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER PHARMD TO RPH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi. You and PharmD To RPh LLC agree that all claims or disputes hereunder, or questions arising out of this Agreement shall be determined only in the federal or state courts located in Los Angeles County, California, to the exclusion of all other courts, and You agree to submit to the jurisdiction of the tribunals of the County of Los Angeles, State of California, including any American Arbitration Association location in the County of Los Angeles, State of California, for the resolution of disputes arising from or relating to this Agreement.
Arbitration of Disputes. Any claim or controversy arising out of or relating to this Agreement, or the performance of services hereunder, will be determined and settled by binding arbitration in Los Angeles County, according to the California Arbitration Statutes in effect at that time. Notwithstanding the foregoing, disputes arising out of or relating to this Agreement within the monetary limit of the Los Angeles County Small Claims Court shall be litigated in such court at the request of either Party. You and PharmD To RPh LLC hereto agree to pay their own attorneys’ fees associated with the arbitration, and to pay the other costs and expenses of the arbitration as the rules of the American Arbitration Association provide, except that the prevailing party in such arbitration shall be entitled to reimbursement of his/her/its attorney’s fees and costs, in addition to such other relief as such Party shall be entitled.
Attorney’s Fees. You and PharmD To RPh LLC agree that failure to comply with the Arbitration requirements as set forth in Section 16 of this Agreement, renders a prevailing party ineligible to receive attorney’s fees that they would otherwise be entitled to receive. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that Party may be entitled.
Severability. If any provision of this Agreement or the application of any provision of this Agreement to any person or circumstance is to any extent held to be invalid or unenforceable, the remainder of this Agreement or the application of that provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected, and each provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
Assignment. PharmD To RPh LLC may assign our rights and obligations under these Terms. The Terms will insure to the benefit of our successors, assigns, and licensees.
Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and PharmD To RPh LLC relating to the subject matter herein.
Waiver. No waiver of any of these Terms by PharmD To RPh LLC is binding unless authorized in writing by an executive officer of PharmD To RPh LLC. In the event that PharmD To RPh LLC waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of PharmD To RPh LLC to enforce the same at a later time.
Social Media Groups and Communities. Many of our communities are designated to clients only. You will have access to a private community (primarily on Facebook) based on your enrollment or investment in a specific program.
We do not condone or allow any form of racism, homophobia, bullying, or bigotry of any kind in our groups. If we feel like you are a threat to our members, you will be removed from the group immediately with no warning.
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines for our free group outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
Pharmacists of all levels are welcome here. We have members of all skill and experience levels, from entry level pharmacists to high level pharmacists to retired pharmacists.
Keep it respectful. Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
No pitching to the group. We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
No gated content. Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
Respect confidentiality. Content gathered in our online community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
Keep it on topic. We reserve the right to remove posts based on off-topic content or offensive content.
Partnering with other members. Access to this group does not mean that PharmD To RPH LLC endorses anyone’s study techniques/systems, career paths, products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy. If you are looking for help implementing the stuff that our membership or trainings teach, please email us at contactme@laquitajohnson.com to work with us and be directed to a trusted referral partner.
Report posts that are breaking group policies. Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manager directly via private message so our team can review them.
Breaking the rules. Three warnings for rule-breaking behavior will result in a 7-day removal from the group. After the 7 day period, you are welcome to rejoin the group on a 30-day probation. If you break the rules again during your probation, you will be permanently removed from the community or group.