Terms & Conditions

This user agreement (“agreement”) is a contract between you and Rosh Review, LLC, and applies to your subscription to and use of products and services available through www.roshreview.com (collectively the “services”). If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access the services.

User Agreement

You must read, agree with, and accept all of the terms and conditions contained in this agreement before you become a subscriber to and user of Rosh Review’s services.

We may amend this agreement at any time by posting the amended terms on our site www.roshreview.com (the “site”). Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will also be posted on this page.

In this agreement, “you” or “your” means any person or entity subscribing to and/ or using the service (“users”). Unless otherwise stated, “Rosh Review,” “we,” or “our” will collectively refer to Rosh Review, LLC.

PLEASE READ THE FOLLOWING USE, CONDITIONS, AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OUR MATERIAL. AGREEING TO THE TERMS OF USE INCLUDES THE FOLLOWING:

License

In consideration of and subject to your payment of the appropriate subscription fee for the services you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this agreement, Rosh Review grants to you a non-exclusive, non-sub licensable, non-transferable license, and right to use and access the Rosh Review content (the “licensed materials”) from multiple places/locations/computers at “different times.” You are not allowed to access the Rosh Review content from multiple places / locations / computers at “same” time.

System Requirements

You must use a Rosh Review recommended version of an operating system, Internet browser, and any other required software to access the licensed materials. Our system requirements are available for review here.

Software Use Terms

The Rosh Review software used for the question banks (Qbank) (hereafter collectively referred to as “software”) is designed to work with Java Runtime Engine (JRE) 1.5 or higher on Windows and 1.4 or higher on Macintosh. Any attempt to use the Rosh Review software with lower versions of JRE constitutes a violation of the terms and conditions set forth in this agreement, and might result in unexpected behavior, for which Rosh Review cannot be held responsible or liable for any damages. The Rosh Review software is designed to access your computer system’s clipboard during use of the Rosh Review software. While a test is in progress, the Rosh Review software shall disable all clipboard functions of your computer system (including, but not limited to, copy-paste-print and save-to-disk functions). Furthermore, the Rosh Review software shall monitor all processes on your computer to determine if there exists any applications that could be used (intentionally or unintentionally) to copy contents. Simultaneous use of such applications (hereafter referred to as “dubious applications”) with the Rosh Review software constitutes a violation of this agreement. Rosh Review reserves the right to determine which application classifies as a “dubious application”. When such a process (or) application is found to be active on a user’s machine, the administrator will be notified with the “dubious” process name and the user will also be notified with instructions to disable it on every attempt. In addition, Rosh Review reserves the right to disable the launch of any test(s), if any such “dubious application” is found to be active on the user’s computer system. The user will not be able to switch between applications when Rosh Review software is running. The user also understands and acknowledges this disabled function as part of the subscription terms.

The user authorizes Rosh Review software to access the computer on which the self-assessment exam is being taken, and monitor every keyboard stroke for that computer. The user also agrees to only use a computer mouse when taking the self-assessment exam. In the event that more than three (3) keyboard strokes are detected, Rosh Review reserves the right to suspend the user’s subscription, report such unethical actions to medical committees and residency programs, and pursue legal action if necessary.

The content presented in the self-assessment examination serves as an educational tool only for medical students and graduates. The Assessment Score is calculated by Rosh Review based on its own proprietary algorithm. This is not intended to predict your performance on the actual In-Service or Certification Examination, but is designed to help you assess relative strengths and weaknesses in different subjects and systems of medicine.

Rosh Review will always keep your account and self-assessment exam performance results confidential and will not provide such information to third parties without your consent. In the event that an educational institution (i.e., medical school or residency program or physician assistant program) pays for the self-assessment subscription, the educational institution will have access to your performance results from Rosh Review.

The Rosh Review software has been tested with a wide range of computer configurations; however, due to the rapidly evolving computer industry and unpredictability of various factors affecting computer systems, Rosh Review does not guarantee the functionality of its software on every configuration, nor does Rosh Review guarantee predictable behavior of the software in general. You recognize all of the above terms and accept that use of the Rosh Review software on your system is done solely at your own risk.

Access via Mobile Devices – QBANKS Only

Access to Qbanks via certain mobile devices is provided as an additional feature, but it is not intended to be a replacement for computer access. Rosh Review, at its sole discretion, may choose to discontinue offering access via any or all mobile devices at any time with or without reason or explanation.

In order to install and use any of our Qbank software or app(s), you must have a compatible device that meets all system requirements.

“Jailbroken” or “Rooted” devices are not supported. (Jailbroken/Rooted devices refer to any devices that do not have original equipment manufacturers’ (OEM’s) operating systems and/or any devices that have operating systems that have been modified in a manner not approved or supported by the OEM). You agree that you will not attempt to install or use the software on any jailbroken device. Further, any attempt to install or use the software on a jailbroken/rooted device will constitute breach of these terms and conditions of use and may result in account termination, without refund, at the sole discretion of Rosh Review.

You agree that Rosh Review will not be held liable for any damages to your devices, operating systems, and/or any data loss resulting from the direct or indirect installation or use of the provided software.

No refunds or cancellation will be honored due to your inability to install and/or use the provided software on any mobile device (regardless of whether or not the device meets the minimum system requirements).

An internet connection is required while the software is in use, and a Wi-Fi internet connection with an unlimited data plan is highly recommended (both unlimited upload and unlimited download). Use of a fixed data plan, limited data plan, and/or any other pay-per-use data plan for internet connection is not recommended. If you use a fixed, limited, or pay-per-use data plan, you will be solely responsible for any data charges incurred. You agree that Rosh Review will not be held liable for any data charges, overage fees, or any other miscellaneous fees or costs that result, directly or indirectly, from use of the software on your devices, including in the event of software malfunction.

While a test is in progress, you agree that you will not attempt, in any way, to copy or capture the contents of any test screen (including, but not limited to, via any OEM-provided functionality or third-party applications). Rosh Review reserves the right to disable your account without refund in the event that you attempt and/or copies any Rosh Review copyrighted content.

It is your sole responsibility to ensure that your mobile device is appropriately used and safeguarded. In the event that your device is lost or stolen, you must notify Rosh Review immediately so that we may disable access to the account. Any violations of these terms and conditions under your account will be treated as if you performed said actions, and you will be fully liable for any damages directly or indirectly resulting from said violations.

Export Restrictions on International Sales

In accordance with current U.S. export restrictions, Rosh Review software may be downloaded by individuals throughout the world except those in the following embargoed countries: Cuba, Iran, Syria, North Korea, Myanmar (formerly Burma), and Sudan. If you are residing in one of these countries, you may not purchase a subscription or download Rosh Review software.

Order

Most of the information collected in the registration process will be used to process orders. During the order process, you will have to provide financial information such as your credit/debit card number, expiration date, CVV2 code, payee name, and billing address. This information is used for billing purposes and to fulfill your order. To properly process your credit/debit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. We do not share your personal and financial information with any third parties, except those specified in our Privacy Policy.

When you attempt a transaction on our website, the card processor verifies available funds by placing a hold, or pending charge, on the amount of the intended transaction against your card. The card processor then confirms the accuracy of your remaining information (e.g., your address, CVV2 Code, expiration date, etc.) before processing the transaction. If you enter an incorrect address or other associated detail, then the transaction is declined. This is NOT a situation unique with this website, but it is how virtually all online transactions are handled. Typically it takes the card issuing bank 2-5 days to clear associated pending charges resulting from failed/declined attempts.

We charge for each successful transaction attempt and provide a confirmation of such on our website and send a confirmation email to the registered email address upon each successful transaction on our website. You can also log-in to your account on our website and click on “Payments” section to retrieve a copy of your payment receipt(s).

Refunds

Except as otherwise provided in this agreement or at the sole discretion of Rosh Review, no refunds, cancellations, or changes to subscriptions will be allowed. Rosh Review reserves the right to refuse a refund if the user is found to be in violation of Terms and Conditions or acting against Rosh Review’s interest.

Member Account / Password and Security

You must complete Rosh Review’s registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Rosh Review immediately of any unauthorized use of your account or any other breach of security. Rosh Review will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Rosh Review or another party due to someone else using your account or password.

Ownership

The licensed materials, including all intellectual property rights within the licensed materials (such as copyright) are the sole and exclusive property of Rosh Review. By indicating that you accept these terms, you do not become the owner of the licensed materials, but are entitled to use them according to the terms of this agreement.

Subscription Term

You have obtained the right to use and access the licensed materials for the course(s) you have subscribed to for the subscription period of that course(s). The Qbank test information will not be reset during the subscription period. At the end of this period, your right to use and access the licensed materials will expire automatically unless you renew your subscription under the current terms and conditions. The subscription will start immediately after the activation unless you notify Rosh Review with a desired start date before using any part of the subscription. Subscription(s) cannot be suspended temporarily or reactivated later. You must use the subscribed material within the subscription period, and no free extensions are offered for any unused period. Renewals are offered as a continuation to current subscription term. Renewals are not offered for later use after expiration of current subscription. You must renew the subscription prior to expiration and use it continuously. Renewals allow you to work for an extended period on the existing Qbank test information. The Qbank test information will not be reset (deleting test information) when you renew the same subscription unless the subscription meets the 180-day period for which one reset of test information is allowed. This agreement and your license to use the licensed materials will also terminate, at Rosh Review’s sole discretion, if you fail to comply with any term or condition in this agreement.

Permitted Uses

You may print out the allowed content from the most current version of the database solely for your personal educational use if you include a source reference to Rosh Review and its copyright notice. “Allowed content” refers to that part of the Rosh Review content where Rosh Review specifically provides a “Print” icon for printing. Rosh Review reserves the right to restrict printing for any content in the website. You agree to have access to a computer and the Internet to access Rosh Review, but except as provided in this agreement, you may not print out the licensed materials. None of the Qbank contents are allowed for print, copy-paste, or save-to-media/disk. Sample cases are not allowed for printing.

Prohibitions

You are expressly prohibited from copying, reverse engineering, or modifying any or all of the licensed materials. No part of the licensed materials may be copied for resale or other commercial use or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chatrooms. You many not use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

Restrictions Against Transfer

You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the licensed materials. All accounts at Rosh Review are monitored for multiple logins. In the event that Rosh Review believes at its sole discretion that an account is being used by multiple users at the same time, Rosh Review reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.

Violations

In the event that you breach any term of this agreement, Rosh Review may, at its sole discretion, terminate this agreement, your access to the site, and its provision of services to you without refund. Rosh Review reserves the right to seek all remedies available by law and in equity for such breaches.

Affiliation

Rosh Review is a commercial educational service provider for medical students, residents, and graduates who are preparing for the medical school Shelf exam, residency In-training exam, physician assistant certification exams, or graduate certification or recertification exams. Rosh Review is in no way affiliated with the National Board of Medical Examiners (NBME®), Federation of State Medical Boards (FSMB), or any other official Emergency Medicine, Family Medicine, Pediatric, Nurse Practitioner, Physician Assistant Examination organizations.

No Warranties

Rosh Review PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  • Rosh Review does not endorse, and is not responsible for, the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than Rosh Review. Other than as required under consumer protection law, under no circumstance will Rosh Review be liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content.
  • The information provided in Rosh Review 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.
  • Rosh Review should be used as a tool to help medical students, residents, and graduates pass their exams.
  • Rosh Review reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, you will only pay for the time of your subscription that has elapsed (on a pro-rata basis)
  • Rosh Review will use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort
  • Rosh Review will use reasonable efforts to keep its site online at all times. You understand that scheduled maintenance and problems out of the control of Rosh Review can cause the site to be temporarily unavailable

Limitation of Liability

Rosh Review specifically disclaims any liability (whether based in contract, tort, strict liability, or otherwise) for any indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, this agreement, and our services, even if Rosh Review has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user’s computer equipment. Rosh Review’s maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.

Confidentiality of User Communications

Except as required by law, Rosh Review will maintain the confidentiality of all user communications, which contain personal user information and which are transmitted directly to Rosh Review. Your postings on any public arena, such as a message board or in any chat room, will not be protected as confidential, and Rosh Review may use and disclose information contained in any such postings (including any ideas, concepts, know-how, or other intellectual property) for any purpose deemed appropriate by Rosh Review.

Search Engines and Web Crawlers

The information that is posted on Rosh Review Forums is routinely indexed by search engines and web crawlers (like Google, MSN, Yahoo, etc.). Therefore, when an online search is conducted, the information posted might show up in search results. If you do not wish for posting to be made publicly available or indexed by third-party search engines, then do not make a post on our forums.

Linked Internet Sites

Rosh Review is not responsible for the content available on any other Internet sites linked to the site. Access other Internet sites linked to the site is at your own risk.

You may link to the home page of our website as long as the link does not cast us in a false or misleading light.

Postings

Rosh Review is under no obligation to review any messages, information, or content (“Postings”) posted on the site by users, and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Rosh Review may from time to time monitor the postings on the site and may decline to accept and/or remove any postings that contain:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law
  • Advertisements or solicitations of any kind
  • Messages posted by users impersonating others
  • Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references
  • Messages by non-spokesperson employees of Rosh Review purporting to speak on behalf of Rosh Review
  • Messages that offer unauthorized download of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point
  • Chain letters of any kind

DMCA Guidelines

In accordance with the Digital Millennium Copyright Act (DMCA), Rosh Review encourages all copyright infringement claims to be made in writing. Any registered user or visitor to the Rosh Review website who believes they are a victim of copyright infringement should notify the Rosh Review DMCA agent immediately.

If you are the copyright owner or an agent acting on behalf of the copyright owner, please provide us the following information:

  • The description of the probable copyright infringement material(s)
  • Any information that can assist Rosh Review agents to properly pinpoint the information, including, infringer’s user ID, URL of the page, date of posting, etc.
  • Detailed contact information, including your full name, address, e-mail, and telephone number
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Send written communication to:
Rosh Review, LLC
ATTN: DMCA Agent
10515 Talbot Ave
Huntington Woods, MI, USA

Or fax:
Rosh Review, LLC Legal Support, DMCA Claims
Fax: 248-282-0393

Governing Law

This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This agreement is governed by the internal substantive laws of the state of Michigan in the United States of America, without respect to the conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the county of Oakland in the state of Michigan in the United States of America. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

Should you have any questions regarding this agreement, you may contact Rosh Review at any time.