Last Updated: 3/1/2024

Welcome to Practitioner Exam!
Please read these Terms of Service (“Terms” or “Agreement”) carefully before using the services offered by PractitionerExam.com a PennyLoafer, LLC  company(“PennyLoafer,” “we,” “us” or “our”). PractitionerExam.com creates example nurse practitioner exam questions. Thank you for visiting and learning more about us!

Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PennyLoafer, LLC, concerning your access to and use of the www.practitionerexam.com website (the “Site”) as well as any other subdomains, applications, tools or general services related, linked, or otherwise connected thereto (collectively, the “Services”). Before using our Site or Services, please read these Terms carefully. If you do not understand or do not agree to these Terms, you can not use the Site or Services.

BY ACCESSING OR USING THE SITE OR SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED ON THE SITE BY PENNYLOAFER LLC, WHICH ARE INCORPORATED BY REFERENCE.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service periodically. If we make changes, we will post the new Terms on this website and update the “Last updated” date at the top of the Terms of Service. It is your responsibility to periodically review these Terms of Service to stay informed of updates. Your continued use of the Site and/or Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

The Site and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site or Services.

Privacy
Your data privacy and security are important to us. Please carefully read our Privacy Policy. PractitionerExam.com’s Privacy Policy forms part of these Terms, and by agreeing to these Terms, you also give your consent to the way we handle your personal information under that Policy.

The Services
PennyLoafer, LLC owns and operates www.practitionerexam.com, a single payment or subscription-based monthly exam platform that connects students who are studying for the nurse practitioner exam to example questions and information.

Refunds
If at any point you are unhappy with our service please reach out to us at info@practitionerexam.com and we can help determine if you are eligible for a refund.

Accounts and Checkout
To use certain portions of the Site and access Services, user will need a user Account. Upon checkout, PractitionerExam.com will automatically generate and email an account information for the user, using information provided by the user to create the username.  You agree that all information you provide to PractitionerExam.com at checkout and while using the site and for purposes of creating an Account will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms and may result in the immediate termination of your Account. You agree to promptly update your Account information to keep it true, accurate, current and complete and maintain the confidentiality of your password. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such username, based on information provided by you at checkout, is duplicative, inappropriate, obscene, or otherwise objectionable.

At checkout, you will need to enter a current debit credit card or credit card. Your payment information will be stored and used by PractitionerExam.com trusted third-party Payment Service Provider, and you acknowledge that by paying, you are agreeing to any and all applicable terms set forth by our third-party Payment Service Provider in addition to these Terms of Service. By completing the order and providing a payment method, you authorize PractitionerExam.com third-party Payment Service Provider to bill your payment method (credit or debit card) on a monthly basis for the applicable fees associated with your use of the Site and the Services.

Account Suspensions and Terminations
If you wish to terminate your account, you may do so by following the instructions on the Site. You understand and agree that you have no ownership rights to your Account and PractitionerExam.com may terminate or suspend your access to the Services at any time, without notice, for any reason, which may result in the forfeiture and destruction of all information associated with your Account. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We grant you a limited, nonexclusive, non transferable license to our intellectual property incorporated into PennyLoafer solely as necessary for you to use and access PennyLoafer.

User Representations
By using the Site or Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update you account information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 18; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law, statute or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, PractitionerExam.com has the right to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof).

Prohibitive Activities
You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available. The Site or Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site or Services, you agree not to:

  • Breach these Terms, the Privacy Policy, or any other agreement between you and us;
  • Use the Site or Services in a manner inconsistent with any applicable laws, statutes, ordinances or regulations;
  • Provide false, inaccurate or misleading information;
  • Engage in behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
  • Systematically retrieve data or other content from the Site or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • Make any unauthorized use of the Site or Services;
  • Use the Site to advertise or offer to sell goods and services;
  • Circumvent, disable, or otherwise interfere with security-related features of the Site;
  • Engage in unauthorized framing of or linking to the Site;
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service;
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
  • Send to, store, or attempt to store on the Site any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;

In the event that you engage in any of the prohibitive activities, PractitionerExam.com reserves the right to terminate or limit access to your Account without notice, and/or take legal action against you.

Content and License
You agree that the Site and Service contains Content provided by PractitionerExam.com and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

PractitionerExam.com hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site and Service, understanding that the Site and Service may only be used for personal and non-commercial purposes and subject to the terms and conditions of these Terms.

Third-Party Sites
The Site may contain (or you may be sent via the Site, such as in our monthly newsletters) links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

While we’ll be putting a lot of time into curating content for you through the monthly newsletters, there may be instances in which such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and thus we are not responsible for any Third-Party Websites accessed through our site or Services. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site or Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Service.

We cannot guarantee the Site or Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site or Service.

Governing Law
These Terms of Service and your use of the Site and Services are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be entirely performed within the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

Dispute Resolution
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Allegheny County, Pennsylvania, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. THE PARTIES HEREBY AGREE TO RESOLVE LEGAL DISPUTES THROUGH ARBITRATION AND MEDIATION RATHER THAN CIVIL LAWSUITS.

Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer of Warranty
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability
IN NO EVENT WILL WE OR OUR MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site or Services; (2) your breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous
These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site or Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Contact Us
If you have any questions, comments or concerns regarding these Terms of Service or PractitionerExam.com a PennyLoafer LLC company in general, please don’t hesitate to contact us at info@practitionerexam.com