Notice -- Read This
WHEN YOU CLICK THE "I ACCEPT" BUTTON AT THE BOTTOM OF THE CHECKOUT PAGE OR SELECT THE RADIO BUTTON LABELED
ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer--
This is a great product and we’re sure you’ll be happy that you got it.
The complete agreement that follows is – well – designed by lawyers. It lays out our rights and duties and your
rights and duties as well as various disclaimers and limitations of liability. You are encouraged to read the following Purchase
Agreement because its provisions may impact on you but you can be assured that whatever claims and promises are made in plain
English in the promotional materials or on our website – we honor them.
The legalese of this agreement is presented below. Congratulations on your choice. We wish you every
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER
AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND
RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR
MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED
IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter "SELLER," and you, the prospective
purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect
relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as
"THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by
someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties,
and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product, service, or membership described in promotional or sales
materials on this website and/or in an email referencing this website, and said website and/or email and its contents are
incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or
membership that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted
on the order page, shall, together, be termed 'product' throughout this agreement but the word 'product' shall mean all elements
offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional
A refund less shipping and handling fees & administrative charges of $45 will be issued
to any student who has paid in full and who wishes to cancel their enrollment and who has notified Rx
Learning in writing via postal mail or email within 30 calendar days. A refund less shipping and handling
fees & adminstrative charges of $45 will only be applicable if books are RETURNED unmarked otherwise if books
are marked in any way then $99 PLUS administrative charges of $45 shall be deducted from the refund due back
PLUS shipping and handling fees as noted above. The balance shall be sent to the address on file via check if initial
payment was made via check or money order. If payment was made via credit card the credit card will be credited for the amount
due. Books must be purchased through Rx learning as part of the enrollment. Books are sent out in the order
received and will be shipped out the next business day if available in inventory or may take 7-14 business days to be
shipped out if not sooner.
No refunds are due back to a student that has been terminated.
A refund of all fees less fees for course materials if materials are in student's possession is due and refundable in each of the
(a) An enrollee is not accepted by the company;
(b) If the course of instruction is discontinued and this prevents the student from completing the course.
If the student moves, it is the student’s responsibility to notify Rx Learning of their new address.
If student is on a payment plan and decides to withdraw from the course and/or obtain a refund for whatever reason, then, student
shall forfeit the initial deposit/downpayment if only one payment has been made . If student withdraws after subsequent payments
have been made then student shall forfeit the initial deposit and the subsequent payment(s) and student shall not be responsible
for further payments and Rx Learning.Com shall not be obligated to issue any refunds. Student will not be able to access any
member portion of the Rx Learning site after requesting a refund or withdrawing from the course.
All initial deposits for payment plan are non-refundable. Automatic recurring billing will occur each month for
payment plans until balance is paid in full.
Practice tests are non-refundable if student has already attempted the test once. After payment is received RX
learning staff will manually or automatically send a user name and password to the customer email provided and therefore there
may be a delay in receiving your user name and password, this is done for security reasons and Rx Learning shall not be held
liable for any delays. If it is after midnight, a user name and password MAY be sent the following morning. You (customer) will
be allowed to re-take the test if you fail it the first time but you may only retake it once. It is your responsibilty to notify
RX learning to reset the test for you so you may take it again. The test is hosted on a third party server and as such is outside
the control of Rx Learning and Rx learning shall not be liable for any problems that arise due to third party server or system
issues. The practice test is for practice purposes and does not determine whether you will pass or fail the PTCB exam. If
practice test is taken a third time customer credit card will be charged again for $19.95 and customer shall have 2 more
Study guides requested on CD's shall incur a 30% restocking fee of the total amount charged if returned for any
reason. Returns shall be accepted only within 7 business days of purchase date, beyond the 7 business days no refunds will be
issued. Study guides sent as ebooks are non refundable once purchased. Return shipping for study guide CD is the purchasers'
responsibility and CD should be in the same condition as it was when shipped out initially otherwise an extra charge shall incur.
972-385-0267 if you wish to return the CD within 7 days of purchase. There may be a delay in
sending the study guide in ebook form depending on the time of day it was purchased, if study guide was purchased outside of
normal business hours, ie anytime before 9AM and/or after 5PM EST then it shall be emailed to the address on file the following
business day, in most cases it may be sooner. The study guide is a guide to assist in test preparation and does not determine
whether you will pass or fail the PTCB exam.
Selling of a product in which you have no ownership interest or resale license rights is a crime as well as
breach of this agreement. Giving the Buyer a refund during the refund period is the full and complete liability that the Seller
of this product, service or membership has to the Buyer. Buyer agrees that the length of the refund period is reasonable and
further agrees to examine, read, and try the product, service or membership during the 7 day refund period as a material
consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a
determination during the 7 day refund period if the product is as described and to decide whether the Buyer wishes to keep the
product. If the Buyer does not contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as
a full, complete and final acceptance of the product, service or membership with no further right of redress or refund for any
reason due the Buyer.
FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP
Buyer warrants an understanding that the product, service or membership may actually be comprised of different
elements. For example, a digital or so-called e-book may also come in CD or printed format, and that the digital product may also
be part of a service or a membership. Additionally, the product, service or membership may come with the right to sub-license or
re-sell the product. However, unless specified in the sales and promotional materials and unless all conditions are met, the
Buyer has no license, permission or right to duplicated or sell this product in any form or to sell it or distribute it whether
for profit or not to any person for any reason.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as the total price of the
product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as
potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing
follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product
improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation
related to the instant product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of
the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about
the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database
and agrees that this information may be shared, rented or sold to third parties. However, Buyer shall at all times be fully
empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations. Moreover, the Buyer
retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the
right to have his or her name removed from a general solicitation database. The Buyer's agreement to accept solicitation and
contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the
Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not
liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller. Buyer
accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly
restrict communication or solicitation from any party including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information
collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of
the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer
retains the right to restrict contact as described previously.
The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the
Seller and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access
the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at
times with the Seller's computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless
custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and
taxes at the time the product is received. If it should happen that the Seller's courier or freight account is charged for custom
duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer's
credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal
age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and
authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable
for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent
transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may
be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes
each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed
as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives
authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes
the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such
information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute
claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit
card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to
actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no
warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing. There
is no 'warranty period.' There is a 30 day refund period as outlined above for the self paced program enrollment.
However, in the event that the Buyer claims that the product is defective, the sole remedy to the Buyer is to
accept a replacement product or a refund. The period for the Buyer to determine if the product is defective and request a
replacement or refund is 7 days from the date of the order. During this 7 day period, the Buyer may request and will receive a
refund for any reason in accordance with the above refund policy. During this 30 day period, Buyer may request a replacement
product in lieu of a refund but Seller is under no obligation, for any reason, to do anything more than refund the purchase price
in accordance with the above refund policy.
If the sales or promotional material conflict with this "as is" warranty, then the sales and promotional
material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be
longer than the refund period.
If the Buyer is purchasing a membership in this site, the terms of membership as specified in the solicitation
materials are controlling.
If the Buyer is purchasing, through this site, a product, including membership, that is to be provided by a
third party, the Buyer must look to the third party for additional warranties or guarantees, and understands that the warranties
available through this site, if any are offered or construed, are extremely limited, restrictive, and short.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to,
ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations
applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Seller
is disclaiming all liability from harm of any kind or nature caused directly or indirect from this product. Buyer agrees, as part
of the consideration required to purchase this product, to carefully review and test this product during the refund period and to
immediately request a refund in accordance with the above refund policy if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all
liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone
accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect
that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting
from the purchase or use of this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no
matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may
result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of
Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage
to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses,
or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third
Party soliciting agents who were provided 'leads' by the Seller. Seller disclaims liability for Buyer's interactions with
advertisers on the site. Seller disclaims liability for Buyer's interaction with other visitors or members of the
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller's total liability, even for erroneous product content that causes damage to the
Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the
product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any kind, whether
foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about income or earnings resulting from the use of
this product are made, such claims are true for the persons who made the claims, including claims made by the Seller about its
own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect
results, including luck. Some people buy this product to pass the ptcb exam and never read it and may in fact fail. Nothing
promoted on this website should be construed as a guarantee of success. The income and earnings statements, if any, tend to
reflect the more successful cases and Buyer should not construe this as being the 'average' or usual success story. As is true in
much of life, real success usually requires real work. If the product Buyer is purchasing is a physical product promoted for a
particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby
warrants his understanding that there exists some probability that the product will not deliver those same results to any
particular Buyer and that the refund of the purchase price in accordance with the above refund policy is the full remedy for any
Buyer who feels the product did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a product ‘plan’ that claims to produce specific benefits
or results or that otherwise involves a recurring fee, the Buyer has a right to terminate the membership or ‘plan’ upon notice to
the Seller. In this case, the promotional materials describing the membership and the ‘plan’ and the remedy for dissatisfaction
shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this
Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction
would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the
obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in
the event Buyer brings suit against the Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about successfully passing the ptcb exam and Buyer warrants an understanding
that Buyer's only course of action is to test this product and material for the extent of the refund period and request a refund
in accordance with the above refund policy if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages
claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the
purchase price of the product.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all
communication with Buyer at the Seller's sole discretion.
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information
contained on this website that results in a damage award against the Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time,
subject only to the 7 day return policy, without notice.
Buyer understands that the Seller may discontinue affiliate programs under the terms of the affiliate
Buyer understands that the Seller may discontinue customer service on a product or service at any time without
As part of the consideration that the Sellers requires, Buyer agrees to use binding arbitration for any claim,
dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in
effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to
engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or
member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and
binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer
agrees to that the sole and proper jurisdiction to be the state (TX) and city (Dallas) declared in the contact information of the
web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the
closest federal court to the Seller's address.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination,
and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that
the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and
specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change,
Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program,
product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right
to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever
contact with Seller.
MONEY BACK GUARANTEE NOTICE
Rx Learning.Com reserves the right to withdraw any money back guarantee(s) from it's website at any time
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other
costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications
are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers
without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or
unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if
any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent
that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or
an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
13800 Montfort Dr., Suite 200
Dallas, TX 75240
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and the
purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the
terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to
be the same as if you had affixed your signature to this Purchase Agreement contract.