RCPed.com Terms and Conditions

Please read these Terms and Conditions ("Terms") carefully before accessing or using the website located at www.RCPed.com (the "Site"), or any related domains including RCPed.org, RCPed.net, rcped.org, and rcped.net, or subscribing to or using any products, services, courses, or materials offered by Respiratory Care Professional Education, LLC ("RCPed," "we," "us," or "our"). These Terms form a legally binding agreement between you ("User," "you," or "your") and RCPed. By accessing the Site, registering an account, subscribing to services, or using any of our offerings (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, do not access or use the Site or Services.

These Terms apply to all visitors, users, subscribers, and others who access or use the Services. We reserve the right to modify these Terms at any time by posting the updated Terms on the Site. Changes will be effective immediately upon posting, and your continued use of the Services after such posting constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for updates.

RCPed provides online educational services focused on respiratory care professional development, including Continuing Education (CE) courses, Therapist Multiple-Choice (TMC) preparation programs, Clinical Simulation Exam (CSE) bundles, and related materials (collectively, the "Courses"). The Services may include access to Licensed Materials (as defined below), interactive simulations, quizzes, certificates, and other digital content. All Services are provided on a subscription basis and are intended for licensed respiratory care professionals or students in related fields.

The Services are not a substitute for professional medical advice, diagnosis, or treatment. Users are responsible for ensuring that their use of the Services complies with applicable professional licensing requirements and standards.

To use the Services, you must be at least 18 years old and capable of forming a binding contract. By registering, you represent and warrant that you meet these requirements.

Registration requires providing accurate, current, and complete information, including a valid email address. You will create a username and password for your account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify RCPed immediately at support@rcped.com of any unauthorized use or suspected breach of security.

RCPed reserves the right to refuse registration, suspend, or terminate accounts at its sole discretion, including for violations of these Terms.

Subject to your full payment of applicable fees and compliance with these Terms, RCPed grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and any content, materials, software, or other intellectual property provided therein (collectively, "Licensed Materials") solely for your personal, non-commercial educational purposes.

You may access Licensed Materials from multiple devices or locations, but not simultaneously. This license does not permit you to:

• Modify, adapt, translate, reverse engineer, decompile, or create derivative works from the Licensed Materials.
• Distribute, sell, rent, lease, or otherwise transfer the Licensed Materials to any third party.
• Use the Licensed Materials for any commercial purpose, including teaching or training others without express written permission from RCPed.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices.

All rights not expressly granted herein are reserved by RCPed.

The Licensed Materials, including but not limited to text, graphics, images, videos, audio, software, simulations, quizzes, and certificates, are owned by RCPed or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You acknowledge that RCPed retains all right, title, and interest in the Licensed Materials. Your use of the Services does not transfer any ownership rights to you. Unauthorized use may result in termination of your access and legal action.

Trademarks such as "RCPed" and associated logos are owned by RCPed. You may not use them without prior written consent.

You may access only the Courses to which you have subscribed. Each Course has specific fees, durations, and requirements. Unsubscribed content is accessible only in limited trial or preview modes.

Courses may include interactive elements like simulations, assessments, and feedback tools designed to identify and improve weaker knowledge areas. Access to Clinical Simulations is limited to 30 days from activation and includes more than 30 simulations.

RCPed does not guarantee success on exams such as the TMC or CSE. Our Courses are educational tools only and do not replace formal training or certification processes.

Upon successful completion of a CE Course, you must print your certificate immediately. Certificates will also be emailed to the enrollment email address. RCPed is not responsible for replacing lost or expired certificates after 28 days from course completion.

Certificates are issued based on your performance and compliance with Course requirements. RCPed reserves the right to revoke certificates for fraud, cheating, or violations of these Terms.

Subscription fees are as listed on the Site at the time of purchase and are non-refundable except as provided in Section 8. All fees are in U.S. dollars and exclude applicable taxes, which you are responsible for paying.

Payments are one-time for each individual Course, with costs and access times varying by Course. There are no recurring charges or auto-renewals unless explicitly stated for a specific offering.

Payments are processed through third-party providers. By providing payment information, you authorize RCPed to charge the applicable fees. You represent that you are authorized to use the payment method provided.

Subscriptions do not auto-renew. Access is granted for the specified term (typically up to two years from purchase, unless otherwise stated). You may request a delayed start date before activating the subscription.

Subscriptions are generally non-refundable, non-cancellable, and non-transferable. However, full refunds may be requested within the first 3 days of purchase if:

• For CE Courses: No certificate has been issued.
• For TMC Prep Programs: No more than the assessment exam and one content area have been opened.
• For Simulation Bundles: No more than 3 simulations have been completed.

Refunds are issued at RCPed's discretion and must be requested via customer.service@rcped.com. After the 3-day period or if conditions are not met, no refunds will be provided due to the initiation of access and accreditation processes.

Subscriptions cannot be suspended or reactivated. Cancellations do not entitle you to prorated refunds.

You agree to use the Services only for lawful purposes and in compliance with these Terms. Prohibited activities include:

• Sharing account credentials or allowing unauthorized access.
• Using automated tools (e.g., bots, scrapers) to access or extract data.
• Uploading or transmitting viruses, malware, or harmful code.
• Harassing, threatening, or impersonating others.
• Infringing on intellectual property rights.
• Engaging in cheating, plagiarism, or fraudulent activity in Courses.

RCPed may monitor usage to enforce these Terms and cooperate with law enforcement as required.

Your use of the Services is subject to our Privacy Policy, available at www.rcped.com/privacy, which explains how we collect, use, and protect your personal information. By using the Services, you consent to such practices.

We implement reasonable security measures but cannot guarantee absolute security. You are responsible for securing your devices and connections.

THE SERVICES AND LICENSED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED ACCESS.

RCPed does not warrant that the Services will meet your requirements, be error-free, or that defects will be corrected. We disclaim liability for any third-party content or links.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RCPED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless RCPed and its affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, misuse of the Services, or infringement of third-party rights.

RCPed may terminate or suspend your access to the Services at any time, without notice or liability, for any reason, including violations of these Terms. Upon termination, your license to use the Licensed Materials ends immediately, and you must cease all use.

Sections that by their nature should survive termination (e.g., disclaimers, limitation of liability, indemnification) will continue in effect.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in Wilmington, Delaware, administered by the American Arbitration Association under its Commercial Arbitration Rules. You waive any right to participate in class actions.

• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect.
• Waiver: No waiver of any term shall be deemed a further or continuing waiver.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and RCPed.
• Force Majeure: RCPed is not liable for delays or failures due to events beyond our control (e.g., natural disasters, wars).
• Assignment: RCPed may assign these Terms without your consent; you may not assign without our written approval.
• Contact: For questions, contact us at customer.service@rcped.com or Respiratory Care Professional Education, LLC, [Insert Address].

By continuing to use the Services, you reaffirm your acceptance of these Terms.