PowerPak Terms and Conditions

PowerPak^® Terms and Conditions

Please read these Terms and Conditions of Use ("Terms") Carefully Before Using the Web site.

This site (the "PowerPak^® Site" or "Site") is owned by Postgraduate Healthcare Education, LLC ("PHE" or "we"). PHE is a subsidiary of Jobson Healthcare Information LLC ("JHI"). JHI provides circulation, marketing and IT (tech) support services to PHE as well as CE customer support on PHE's behalf to people taking CE tests.

By using this Site, you signify that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms or our Privacy Policy, do not use this Site. JHI or "we" reserves the right, at our discretion, to change, add, or remove portions ("Modifications") of these Terms at any time without notice to you. Such Modifications will be effective immediately upon posting. Please review these Terms each time you access this Site to learn of any Modifications. Your continued use of the Site following the posting of Modifications means that you agree to the Modifications.

Privacy

Our Privacy Policy describes the collection and use of your information and is incorporated in these Terms by reference.

Registered User Obligations

As a registered user, you agree to each and every provision contained in terms and conditions. These Terms may be modified or amended by JHI at any time, and changes are effective upon notice to each registered user. Notices by JHI to registered users may be given via e-mail, a posting on the Site, or by mail.

You agree to be solely responsible for providing true, accurate, current, and complete information about yourself during the registration process. You also agree to maintain and promptly update the registration data to keep it true, accurate, current and complete.

You are solely responsible for the security of your password. JHI is not liable for any unauthorized use of the Site, services or your account

This Site is provided to registered users solely for professional education and not for purposes of resale, distribution, public display or performance, or any other uses by registered users in any form or manner whatsoever. Unless otherwise indicated on this Site, registered users may display, download, archive, reformat and print a single copy of any educational information on this Site for personal use. JHI is committed to respecting the intellectual property rights of others and we ask that you do the same. JHI may, in its sole discretion, terminate the accounts or access rights of registered users who infringe or otherwise violate copyright or other intellectual property rights.

Statements of Participation

JHI provides statements of participation for each course that is successfully completed. All registered users have the ability to print these statements of participation for your records. It is important to note that statements of participation are not certificates of completion. In order to obtain your certificate of completion, please visit NABP's CPE Monitor at help@nabp.pharmacy for instructions.

Refund Policy

JHI provides a 30-day, 100% satisfaction guarantee. If you are not satisfied with your CE exam or subscription within 30 days of purchase, we will refund 100% of the fee, subject to the following conditions:

- You must request your refund in writing or via e-mail to cecustomerservice@powerpak.com within 30 days of purchase.

- You must understand and acknowledge in writing that any CE credit(s) that have been earned with this payment method will be deleted from your NABP/CPE Monitor account.

Auto Renewal of Subscription

When you sign up for an annual subscription, your annual subscription will be set to automatically renew upon its expiration. This means that unless you cancel your account or change your renewal settings prior to its expiration, your account will automatically renew for another year. At the time of renewal, we will charge your credit card the same rate as you paid the previous year to renew your subscription. Approximately thirty (30) days prior to your expiration date, we will notify you via the email address provided to us in your user profile that your account is about to auto renew and that your credit card will be billed the annual subscription fee on the renewal date. The JHI refund policy as set forth above shall also apply to the auto renewal of your subscription in the event you decide to cancel your renewed subscription. You have thirty (30) days to cancel your subscription renewal in order to qualify for a refund. The e-mail notification will also remind you that auto renewal requires that you have a valid credit card associated with your subscription. You may change your renewal settings at any time by disabling the auto renewal feature in your user profile. If auto renewal is disabled for your subscription, it is your responsibility to renew your subscription manually.

Non-Transferability of Subscription

JHI grants to users, a personal, non-exclusive, non-assignable and non-transferable right to use this Site. The Site is for educational purposes only and is not intended for any other use.

Restrictions on Use of Content

Unless otherwise specifically noted, all material, including but not limited to, articles, text, images, information, graphics, illustrations, designs, icons, photographs, presentations, video and audio files, or any components of a program offered on this Site, as well as any design, layout, "look and feel," and any related computer code, software or technology (collectively, the "Content") and all copyright, patent, trademark, service mark, trade name or other intellectual property or proprietary rights in the Content are owned by JHI or licensed to JHI by third party suppliers, or by the party credited as the provider of the content ("Content Providers"). The Content is protected by United States and international intellectual property laws and treaties. You acquire no proprietary or intellectual property rights in the Content as a result of your use of the continuing education programs included on this Site ("Programs") or any other use of this Site. You are required to comply with all copyright and other intellectual property laws, and all notices, information and restrictions contained on the Content. Except as specifically permitted in the Section entitled "Permitted Use of Program Materials", you may not use Content or Program Materials (as defined below) in any manner. For example, and not by way of limitation, you must not copy, reproduce, publish, frame, hyperlink, transmit, download, upload, post, distribute, modify, create derivative works from, display, perform or otherwise in any manner use any Content. You must not reverse engineer, decompile or disassemble the Content.

Permitted Use of Program Materials

Subject to these Terms, JHI grants you a non-exclusive, non-transferable, revocable, limited license to view the articles, text, images, graphic, illustrations, photographs and video components (if any) and to listen to the audio components of the specific program ("Program Materials") you have registered for using your JHI. You may view and listen to such program on a single computer for your own personal, non-public and non-commercial use. Where specifically permitted, you may download one copy of the Program Materials on a single computer for your own personal, non-public and non-commercial use; provided, that you keep intact and do not modify, remove or obscure any copyright or other proprietary notices contained on the Program Materials.

Prohibited Use

You are prohibited from using this Site for any purpose that is not in compliance with these Terms and any applicable international, federal, state, or local law, regulation or treaty. You may not use the Site features in any manner that could cause harm, infect, damage, disable, take over, overburden, or impair the Site, its systems, servers or the networks connected to the JHI server. You may not interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any JHI server, through hacking, password mining or any other means. You may not use any robot, spider, network monitoring or discovery software or device, or manual process to monitor or copy our Site or the Content. You may not obtain or attempt to obtain any information through any means not intentionally made available through the Site.

Third party Websites, Content, Products and Service

Links or pointers to other websites and references to products and services offered by third parties are provided to you for your convenience only and do not constitute an endorsement or approval by JHI of (a) the organizations that operate such websites; (b) the content, privacy policies or other terms of use on such websites; or (c) such third party products and services. Since we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you agree shall be at your own risk.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of transmissions over the Internet or other publicly accessible networks. While we will make every reasonable effort to safeguard the privacy of the information you provide us, we cannot guarantee it. Please refer to our Privacy Policy for more information about how we treat your data.

Not Medical or Other Professional Advice

The Content and Program Materials contained on the Site are provided by JHI as a service to its registrants and to the public.

THE INFORMATION OFFERED ON THIS SITE IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO PROVIDE INFORMATION OR ADVICE CONCERNING SPECIFIC PROBLEMS OR SITUATIONS.

IT IS NOT INTENDED AS A SUBSTITUTE FOR THE PROFESSIONALS OWN RESEARCH, OR FOR HIS OWN PROFESSIONAL JUDGMENT OR ADVICE FOR A SPECIFIC PROBLEM OR SITUATION.

NEITHER JHI NOR ANY CONTENT PROVIDER INTENDS TO OR SHOULD BE CONSIDERED TO BE RENDERING MEDICAL, PHARMACEUTICAL OR OTHER PROFESSIONAL ADVICE. WHILE JHI AND ITS CONTENT PROVIDERS HAVE EXERCISED CARE IN PROVIDING INFORMATION, NO GUARANTEE OF ITS ACCURACY, TIMELINESS OR APPLICABILITY CAN BE OR IS MADE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF THE PROGRAM, PROGRAM MATERIALS, THE SITE, OR INTERACTION WITH CONTENT PROVIDERS.

IF MEDICAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, YOU SHOULD OBTAIN THE SERVICES OF A COMPETENT PROFESSIONAL PERSON.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JHI OR ITS CONTENT PROVIDERS OR THIRD PARTY SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE AND THIER MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR INFORMATION, BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, ANY SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. THIS LIMITATION APPLIES (A) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND (B) REGARDLESS OF WHETHER OR NOT JHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

JHI ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR UPLOADING, DOWNLOADING OF ANY CONTENT, IMAGES, GRAPHICS, TEXT, CODE, DATA, AUDIO, VIDEO, TECHNOLOGY AND MATERIALS FROM THIS SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. USERS IN THESE STATES MAY HAVE ADDITIONAL RIGHTS.

IN NO EVENT SHALL JHI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, COSTS, EXPENSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Indemnification

You agree to indemnify, defend, and hold JHI or its content providers, or its third party suppliers or any party involved in creating, producing or delivering the website and their members, partners, directors, officers, employees and agents (hereinafter collectively for this Indemnification Provision "JHI ") harmless from and against any claim, action, loss, demand, judgment, fine, penalty, liability, expense, damage, and cost, including, but not limited to, reasonable attorney and accounting fees, that results from (i) your use of or reliance on any Content or Program Materials, (2) your use of the Site, (3) your posting, uploading, e-mailing, distributing or disseminating User Content, (4) your breach or alleged breach of these Terms or violation of any applicable law, regulation or treaty.

Site Terminations, Modifications, Suspensions and Discontinuances

JHI may, at any time, without notice and in our sole discretion, terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. JHI may also impose limits on certain features or restrict your access to parts of the Site without notice to you. JHI will not be liable to you or any third party for any such actions.

Trademarks

All trademarks, service marks, trade names, logos and icons are proprietary to or owned by JHI or the third parties indicated. JHI does not grant to you any license or other authorization to use its trade names, trademarks, service marks or other marks or logos without a separate express written agreement with JHI. Any such use by you, or anyone authorized by you, is strictly prohibited. Third party trademarks, service marks, trade names, and logos are the property of their respective owners and any license or authorization to use must be granted by such third-party owner.

Electronic Communications

When you access or use this Web site or communicate with us electronically, (such as by sending us an e-mail or registering on the Site), you thereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all communications (notices or disclosures) that we provide to you electronically comply with any legal requirement that such communication be in writing.

Advertisers

This Site may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for the information they provide for inclusion on the Site. JHI will not be responsible for their acts, omissions or any errors, inaccuracies or illegalities in their information.

Export Control

You acknowledge and agree that the Content, Program Materials or any information on this Site may not be exported or re-exported to any person, entity or country prohibited under the United States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on the United States Treasury Department's List of Specially Designated Nationals or any other applicable program.

Choice of Law and Venue, Jurisdictional Matters

You expressly agree that exclusive jurisdiction for any dispute with JHI, or in any way relating to your use of the JHI Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving JHI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms 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 these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Statute of Limitations

You agree that regardless of any law or regulation to the contrary, any claim or cause of action against JHI or its suppliers or Content Providers arising out of or relating to the Site, your use of Program Materials or Content, these Terms or otherwise must be filed within one (1) year of the date the cause of action accrues, or it will be deemed forever waived and barred as untimely.

Miscellaneous

These Terms constitute the entire agreement between you and JHI regarding the use of the Site and they may only be modified in a writing signed by JHI. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms, the Terms shall take precedence. The failure of JHI or a Content Provider to enforce any provision of these Terms shall not constitute a waiver of its right to enforce the provision at a later time. The section titles in the Terms are for convenience only and are of no legal significance. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then that provision shall be considered severed from these Terms and shall not affect the validity of the remaining provision of the Terms, which shall remain in full force and effect. JHI reserves the right at all times to disclose any information it deems necessary to comply with any applicable law, regulation, legal process or governmental inquiry. All rights not expressly granted in these Terms are reserved by JHI.

Agreement

Your use of the JHI Site indicates agreement with the Terms as set forth above.

Last updated March 18, 2020.