Terms & Conditions

Agreement between User and PAnalytiks® at www.panalytiks.com 

Welcome to the PAnalytiks® Website/App. The PAnalytiks® Website/App (the “Site”) is comprised of various web pages operated by Physician Assistant Study Solutions for its Website and App through the Terms and Conditions herein. This Website and App are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Website and/or App constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

  

PAnalytiks® Website/App is an E-Commerce Site, and may be used to introduce and coordinate users to an App that entails social media/ecommerce related sales, services, and/or subscriptions. 

  

Privacy Policy Tie-in

Your use of the App and Website is subject to PAnalytiks® Website/App“Terms and Conditions” and “Privacy Policy”.  Please review our Privacy Policy, which also governs the Site and informs users, inter alia, of our data collection practices.  This “Terms and Conditions” document is to be used in combination and coordination with  the attendant “Privacy Policy” document, such that they should be interpreted together, whereby if one document contains a paragraph/section (by way of example, ‘Disclaimers’ and/or ‘Indemnification’) the other document should be read as containing and applying such paragraph/section and interpreted as such without conflict.  Any portion that violates federal or state law shall be ‘blue penciled’ out, with the remaining portions still in effect.

  

Electronic Communications 

Visiting other related sites and/or sending emails to the PAnalytiks® Website (www.panalytiks.com) or App pursuant to these Terms and Conditions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

  

Your Account 

If you use this site, you are 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 or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PAnalytiks® Website/App Terms and Conditions is not responsible for third party access to your account that results from theft or misappropriation of your account. PAnalytiks® Website/App Terms and Conditions and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

  

Children Under Thirteen 

PAnalytiks® Website/App Terms and Conditions does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use any portion of this website and app only with the express permission of a parent or guardian. 

  

Cancellation/Refund Policy 

You may cancel your subscription at any time. Any cancellations made after 30 days of service will not qualify for a refund. Please contact us at info@panalytiks.com with any questions.” 

  

Links to Third Party Sites/Third Party Services 

PAnalytiks® Website and/or App may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PAnalytiks® Website/App Terms and Conditions and PAnalytiks® Website/App Terms and Conditions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PAnalytiks® Website/App Terms and Conditions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PAnalytiks® Website/App Terms and Conditions of the site or any association with its operators. 

  

Certain services made available via PAnalytiks® Website and/or App are delivered by third party sites and organizations. By using any product, service or functionality originating from the PAnalytiks® Website and/or App domain, you hereby acknowledge and consent that PAnalytiks® Website/App Terms and Conditions may share such information and data with any third party with whom PAnalytiks® Website/AppTerms and Conditions has a contractual relationship to provide the requested product, service or functionality on behalf of you or its users and customers. 

Panalytiks is not affiliated in any way with any of these exams (including, but not limited to: PANCE, PANRE) or their owners.

  

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use PAnalytiks® Website and/or App strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to PAnalytiks® Website/App Terms and Conditions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

  

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PAnalytiks® Website/App Terms and Conditions or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PAnalytiks® Website/App Terms and Conditions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PAnalytiks® Website/App Terms and Conditions and the copyright/trademark owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PAnalytiks® Website/App Terms and Conditions or our licensors except as expressly authorized by these Terms. 

 

Prohibited Content, Conduct, or Behaviors –  Users and Subscribers are prohibited to directly or indirectly provide certain content and/or engage in particular conduct or behaviors in connection or association with the App or the Website, including involvement in an association or relation with other subscribers and users that result in such content, conduct, or behaviors from the subscription and use thereof.  Participation in any way in such content, conduct, or behaviors will be deemed a breach of the Terms and Conditions herein and may result in cessation, suspension, termination, and/or dissolution of the subscriber’s or user’s account with or without notice, at the sole and complete discretion of  Physician Assistant Study Solutions,. as well as the deletion of certain content on the App or Website (or related databases, files, records, or archives) that display or formulate such conduct.  Appeal of such decision is also at the sole and complete discretion of Physician Assistant Study Solutions and any subscriber and/or user thereof shall not be entitled to any damages at law or equitable relief, other than that as described in the Warranties and Disclaimers section(s) of the Terms and Conditions herein.

 

Prohibited content and associated conduct and behaviors include, but are not necessarily limited to:

• Cruel and insensitive content (language or images), which targets persons with considerable physical or emotional harm;

• Content that entails that incites, encourages, or facilitates serious violence (that constitutes a credible threat to public or personal safety) to persons, places, animals, or possessions — such content can be determined by organizations or individuals that proclaim a violent mission or are engaged terrorist activity, human trafficking, organized criminal activity, including hate, mayhem, and murder:

• Content that entails suicide or self-injury. including self-mutilation and eating disorders;

• Content that entails child exploitation or endangerment, including sexual exploitation and/or any sexual activity or solicitation of sexual activity with minors of any type;

• Content that entails bullying, sexual harassment and discrimination, sexual exploitation of person(s). including activities involving non-consensual sexual behaviors;

• Content that entails theft, deception, and/or defrauding someone of their property, including intellectual property, and identity;

Legal Usage of Communication Services – No impairment of rights of privacy and publicity

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

  

By way of example, and not as a limitation, you agree that when using a Communication Service of any type by , PAnalytiks®, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

  

PAnalytiks® Website/App Terms and Conditions has no obligation to monitor the Communication Services. However, PAnalytiks® Website/App Terms and Conditions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PAnalytiks® Website/App Terms and Conditions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

  

PAnalytiks® Website/App Terms and Conditions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PAnalytiks®’s sole discretion. 

  

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PAnalytiks® Website/App Terms and Conditions does not control or endorse the content, messages or information found in any Communication Service and, therefore, PAnalytiks® Website/App Terms and Conditions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PAnalytiks® Website/App Terms and Conditions spokespersons, and their views do not necessarily reflect those of PAnalytiks® Website and/or App Terms and Conditions. 

  

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

  

Materials Provided to You, directly or indirectly, or Posted on Any PAnalytiks® Website/App Terms and Conditions Web Page 

PAnalytiks® Website/App does not claim ownership of the materials you provide to PAnalytiks® Website and/or App (including feedback and suggestions) or post, upload, input or submit to any PAnalytiks® Website/App Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting PAnalytiks® and its Website and/or App, as well as our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. 

  

PAnalytiks® Website/AppTerms and Conditions is under no obligation to post or use any Submission you may provide and may remove any Submissions at any time in PAnalytiks®’s sole discretion.  By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

  

Third-Party Accounts 

You may be able to connect your PAnalytiks® Website/App account to third-party accounts. By connecting your PAnalytiks® Website/App account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

  

International Users 

The Service is controlled, operated and administered by PAnalytiks® Website/App and subject to PAnalytiks® Website/App Terms and Conditions from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PAnalytiks® Website/App Content accessed through the Internet in any way in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

Indemnification 

You agree to indemnify, defend and hold harmless PAnalytiks® and its Website and/or App, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PAnalytiks® reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PAnalytiks® in asserting any available defenses. 

  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association and under its then-current rules in a location selected by PAnalytiks®. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms. 

  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PAnalytiks® agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PAnalytiks® AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

  

PAnalytiks® AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PAnalytiks® AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAnalytiks®  and its Website/App AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PAnalytiks® and its Website/App OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Use of this Website and/or Services are for educational purposes only. This Website and/or Services are designed as a study tool and not intended to be all-inclusive and not meant to define the standard of care for the clinical practice of any health care specialty. Also, this review should not be used to replace the required core content of any medical school, residency, physician assistant, nursing, or continuing education. The materials on this Website are provided for general medical education purposes only and are not meant to be applied rigidly and followed in all cases. Use of this information in a particular situation remains the professional responsibility of the practitioner. The information provided in PAnalytiks is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. You understand that the content presented in the self-assessment examination or other service PAnalytiks based on its own proprietary algorithm. You understand that the Assessment Score or any score or assessment is not intended to predict your performance on the actual In-Service, Certification Examination or any other examination, but is designed to help you assess relative strengths and weaknesses in different subjects and systems of medicine. PAnalytiks does not guarantee or warrant any level of performance on any and all assessments or examinations of any kind.

PAnalytiks disclaims any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, from the use and application of any of the contents of the Services.

  

Termination/Access Restriction 

PAnalytiks® reserves the right, in its sole discretion, to terminate your access to the Website/App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PAnalytiks® Website/App under this Terms and Conditions document herein as a result of this agreement or use of the Site. PAnalytiks® and its Website and/or App performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PAnalytiks® and its Website and/or App rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PAnalytiks® and its Website/App with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PAnalytiks® with respect to the Website and its App, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PAnalytiks® with respect to the Website and its App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

  

Changes to Terms 

PAnalytiks® reserves the right, in its sole discretion, to change the Terms under which any of its services are offered. The most current version of the Terms will supersede all previous versions. PAnalytiks® and its Website and App encourages you to periodically review the Terms to stay informed of our updates. 

  

Contact Us 

PAnalytiks® and its Website and App welcomes your questions or comments regarding the Terms: 

PAnalytiks® Website and App Terms and Conditions 

Email Address: info@panalytiks.com

  

Effective as of January__, 2022