Terms & Conditions
The following terms and conditions ("Terms") constitute an agreement between Point of Care Testing Institute ("Company"), and you that governs your usage of our content, participation in the Program (“Program”) and purchases of any other products or services. Collectively, the Program, our content, and any products will be referred to as “Company Content.”
Your participation in our Program constitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update these Terms and the Program. These Terms are subject to change without notice.
PRODUCTS FOR PURCHASE
On the website, you may purchase the following:
- Access to the Membership, which includes the downloadable content;
- Electronic copies of any contents (“Binder”); or,
- Printed copies of the Binder with your company name inserted into the templates.
Within these terms, the Program and Binder will be referred to as the “Products.”
The Products are available only to those seeking support for their individual small business, pharmacy, or clinic. The Products are not intended to support pharmacist coaching professionals, corporation’s wishing to reproduce this as their own, or those who may be interested in Company’s methodologies. If Company becomes aware that you have purchased the Products for this reason, Company will immediately cancel your access to the Products. No refunds will be granted in this circumstance. Point of Care Testing Institute owns the intellectual property provided in this course.
Materials. All original materials provided by Company to Client are owned by the Company. Any original materials are provided for Client's personal use only. All intellectual property remains the property of the Company and is not resalable or transferable.
All Products were created to be general in nature. They have not been customized to fit your individual needs. It is up to you to ensure that you are acting in accordance with any local, state, or federal laws or regulations. We are not liable for any compliance issues that arise based on your use of the Products.
The Products were created by the founder of Point of Care Testing Institute who is a licensed pharmacist. Although the Products were created by a pharmacy professional, it does not mean that the information has been customized for your individual business, nor does it mean that you are in a professional relationship with Company or any individual creator of the Products. It is up to you to determine whether or not you may benefit from the practices outlined in the Program.
You understand that any changes to your business carries a risk. If you implement changes based upon any information in the Program or Materials, you are doing this at your risk and you do so with full knowledge and acceptance of such risks.
The Products were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Products. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Products. Please see our Disclaimer for more information.
PROGRAM PURCHASE POLICY
You may purchase enrollment in the Program. As a participant in the Program, you will receive One Year Access (as defined below) to Company’s online materials (“Materials”) for the Program, which includes video modules, Google Documents, Microsoft Documents and may include PDF handouts. Additionally, the Company may host periodic live calls for question-and-answer sessions and update material as guidance changes. Your purchase of the Program includes access to the electronic copy of the Binder. A printed copy of the Binder is available at an additional fee.
The cost of the Membership is $68.00 per month, which must be paid at the time of purchase. Upon receipt of your initial payment, you will be granted access to the Program.
If a payment plan is made available and you elect to pay with a payment plan, all payments will be due, regardless of whether you actively participate in the Program. If any payment is late, we reserve the right to suspend your access to the Program.
Refunds are not available for the Membership, you may cancel your membership before the next biling cycle as detailed below. Please contact [email protected] with any concerns you may have about the Program, Binder or Materials.
If you purchase the printed copy of the binder, it is your responsibility to ensure that your company name is spelled correctly. We are not responsible for your errors if the documents are printed incorrectly due to information you provided to us.
Client agrees to notify Company of cancellation with a minimum notice of seventy-two (72) hours prior to the next billing cycle, via EMAIL to [email protected]. If such notification is not received by Company at least seventy-two (72) hours before the next billing cycle, payment for the next billing cycle will be processed and cancellation will occur during that billing period. The monthly memebership is non-refundable and purchased at client’s own risk.
- Neither party shall be liable for delay or failure to attend a scheduled session if such delay or failure is caused by any circumstances beyond their reasonable control. Determination of such reasonableness is in the sole discretion of Company.
The Program may contain group elements, such as a private Program forum hosted on the Program platform, where content may be contributed or uploaded, and you may interact with other Program participants. The following types of contributions will not be tolerated and will be deleted:
- harassment directed toward any Company or other Program participants;
- hate speech;
- defamatory statements regarding Company or any third party;
- references to illegal acts; or,
- contributions that may violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a member is in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Program forum. No refund will be due to a member who has been removed for a violation of this policy.
Company reserves the right to take screenshots of content you contribute to the Program forum for use in Company’s marketing. By being part of the membership, you authorize the Company to post any content that includes your name or identity.
BINDER PURCHASE POLICY
You may purchase the Binder through our website. To download the materials, you will create an account and you will receive One Year Access (as defined below) to the Binder. The Binder is delivered in electronic format and is only printed at an additional cost to you.
If you purchase the printed copy of the binder, it is your responsibility to ensure that your company name is spelled correctly. We are not responsible for your errors if the documents are printed incorrectly due to information you provided to us.
The Products are intended and suitable for individuals aged 18 and over.
To access the Products, you must create an account on the Program’s technological platform. You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party, Company reserves the right to revoke your access to the Program.
You will have “Lifetime Access” to the Program content, which the Company defines as follows: You will have access to the Program for as long as the Company hosts the Program, and it remains available on the Program portal. In the event that Company determines that the Program will no longer be available, Company shall provide you with notice by email.
By purchasing the Products, you will be subscribed to our mailing list. Through these emails, we provide product updates and other information.
LICENSE FOR USE OF PRODUCTS
The Program, Materials and Binder were developed solely for your personal use and may not be reproduced for publication for the personal or commercial use of others without permission from Company.
USE OF THE COMPANY CONTENT
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from Program and Materials;
- Reproduction or duplication of any content on the Program or Materials for commercial purposes;
- Modification of any content in the Program or Materials unless instructed to do so;
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, Company will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
If you send Company an email, register for the Program, purchase a Product, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
The Company Content may contain links to third-party websites that are not governed or controlled by Company. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.
The Company Content is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Company Content, or the information and materials provided therein.
Company makes no warranty the Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Program. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Company Content. The Company Content is written in English and makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Company Content.
Updated: September 1, 2021
This website located at http://www.td.care/ (“Website”) is owned and operated by Point of Care Testing Institute. On the Website, you may purchase access to the Membership (“Program”) or certain downloadable or printed materials (“Binder”). Collectively, the Website, Program, and Binder are referred to as “Company Materials.”
Your use of the Company Materials constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Company Materials.
We make no guarantees regarding the results that you will see from using the information provided in the Company Materials.
We disclaim liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Company Materials. We assume or undertake no liability for any loss or damage suffered as a result of the use of any information found in the Company Materials.
The information included in the Company Materials is general and not customized to a particular individual.
It is your sole responsibility to ensure that you are complying with all local, state, and federal laws. By using the Company Materials, you agree that we are not liable for ensuring your compliance. Additionally, you understand that you may need to do additional research to determine what compliance issues you may face.
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided in the Company Materials has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided in the Company Materials. We assume no responsibility for your decisions or for policies or practices that you implement based on information in the Company Materials. Everything provided in the Company Materials is for informational purposes only.
From time to time, we may feature experiences of past customers to market the Company Materials. These testimonials represent the experience of one individual and may not be representative of the results that you will see.
Any statements related to income or earnings potential in the Company Materials are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided in the Company Materials. The Company Materials are provided for informational purposes only.
Financial or Legal Information
From time to time, the Company Materials may discuss legal or financial topics as it may relate to your business. This information is not advice and should not be treated as legal or financial advice. The financial and legal information in the Company Materials is provided for informational purposes only. The financial and legal information provided in the Company Materials is provided "as is" without any representations or warranties, express or implied.
You must not rely on the information in the Company Materials as an alternative to advice from a certified public accountant, licensed financial planner or attorney. There is no accountant-client relationship created from the publication of financial or legal information in the Company Materials. You should never delay seeking financial or legal advice, disregard financial or legal advice, or discontinue professional financial or legal services as a result of any information provided in the Company Materials.
From time to time, we may provide information from licensed financial or legal professionals in the Company Materials. The inclusion of this content does not create any attorney-client relationship between you and that licensed professional.
Please seek advice from a licensed professional if you have any questions related to the financial or legal information provided in the Company Materials.
The Company Materials were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Company Materials. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear in the Company Materials.
The Company Materials are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Company Materials.
We make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Course. The Company Materials are written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us, our owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Disclaimer will be governed and construed in accordance with the laws of the State of Oklahoma. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Oklahoma County, Oklahoma. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
You may not assign this Disclaimer without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.
All notices with respect to the Disclaimer must be in writing and made via email to [email protected] for us and to your email address.
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
- Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
- Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
- Automatically Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
- Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
HOW YOUR INFORMATION MAY BE USED
We may use the information collected in the following ways:
- To operate and maintain the Website;
- To create your account, identify you as a user of the Website, and customize the Website for your account;
- To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
- To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
- To respond to your comments or inquiries;
- To provide you with user support;
- To track and measure advertising on the Website;
- To process payment for purchases you make through the Website; or,
- To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
- Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
- Stripe – this service is used to process payments for our products. At no time is your banking information passed to the Website. We receive only information used for order fulfillment.
- Kajabi – this service is used to host our course information and for the delivery of email updates and newsletter. If you enroll in our course, you will create an account to access the content. We will receive some personal information entered at the time of the account creation, but we will not have access to your password. All information related to this account will be stored by Kajabi.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.
Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Pinterest: Opt-out of Pinterest remarketing here
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
GDPR - RIGHTS RELATED TO YOUR PERSONAL INFORMATION
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (“GDPR”). Throughout this policy, we have disclosed what information we collect and how it is used. Under GDPR, you also have the following rights:
Right to Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also contact us at the email below to be removed from our mailing list.
Right to Access – You may access the personal information we have about you by submitting a request.
Right to Amend – You may contact us to amend or update your personal information.
Right to Be Forgotten – In certain situations, you may request that we erase or forget your personal data.
You may exercise any of these rights by emailing [email protected].
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law. Unless you exercise such rights, we reserve the right to retain your data.
SENSITIVE PERSONAL INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
Last updated: January 23, 2023