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Review and Recertification Reward Program Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT”). THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE AMERICAN SOCIETY OF HEALTH-SYSTEM PHARMACISTS, INC. ("ASHP", “WE”, OR “US”). PLEASE UNDERSTAND THAT BY CLICKING THE “I AGREE” CHECKBOX BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ALL Of ITS TERMS AND CONDITIONS FOR THE FULL ENROLLMENT TERM DESCRIBED BELOW. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR ENROLLMENT IN ASHP’S RESIDENT REWARD AND RECERTIFICATION PROGRAM THAT INCLUDES ONE OF THE FOLLOWING ONLINE REVIEW COURSES/MATERIALS ASHP’S PHARMACOTHERAPY SPECIALITY CERTIFICATON REVIEW COURSE, ASHP/ACCP AMBULATORY CARE PHARMACY SPECIALTY REVIEW COURSE, ASHP’S CRITICAL CARE PHARMACY SPECIALTY REVIEW COURSE, ASHP’S PEDIATRIC PHARMACY SPECIALTY REVIEW COURSE, OR ASHP/ACCP GERIATRIC PHARMACY SPECIALTY REVIEW COURSE (EACH INDIVIDUALLY AND TOGETHER COLLECTIVELY, THE “REVIEW COURSE”) AND RECERTIFICATION RESOURCES, WHICH CONSIST OF ON-LINE MATERIALS (THE “RECERTIFICATION RESOURCES”). IF YOU DO NOT AGREE TO ANY TERM OR CONDITION OF THIS AGREEMENT, YOU MUST NOT CHECK THE “I AGREE” CHECKBOX AND MUST STOP THE ENROLLMENT REGISTRATION PROCESS.

BY INDICATING ON THE CREDIT CARD PURCHASE PAGE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH ASHP FOR THE FULL ENROLLMENT TERM.

The words “you”, “your”, or “user”, whether or not capitalized, as used herein, refer to all individuals registering for free access to the Review Course and accessing ASHP’s suite of Recertification Resources.

Access Authority and Conditions

Subject to compliance with each of the terms of this Agreement, ASHP agrees to permit You to access and use ASHP’s online Recertification Resources during the Term of this Agreement. You understand and agree that the Recertification Resources are comprised of many different activities that are released on a rolling basis throughout the year and that you will not have access to all activities immediately upon your enrollment but rather will gain access immediately upon the release of each activity. Your access to the Recertification Resources is subject to the following conditions:

  1. You must be eighteen (18) years of age or older to purchase access to the Recertification Resources.
  2. The Online Recertification Resources are to be accessed and used solely by You. Upon your successful registration for the Review Course, You will be provided instructions that will permit You to access, via ASHP’s Single Sign on, the online Recertification Resources beginning January following the year You access the Review Course. Recertification Resources are allocated to your ASHP Single Sign on account, and are not transferrable to be used by any other persons. You may download material in accordance with the terms of Recertification Resources, as applicable. You are responsible for protecting and keeping your account confidential.
  3. You acknowledge that You have no claim to ownership of the Recertification Resources by reason of its use or access to any of the material provided in the Recertification Resources. Recompiling, publication or republication of any portion of the Recertification Resources is strictly prohibited.
  4. You may not use the Recertification Resources in any way which, in ASHP’s reasonable judgment, adversely affects ASHP’s business or business prospects or interferes with the ability of other members/users to use the Recertification Resources.
  5. ASHP may terminate, update, alter, or supplement all or any part of the Recertification Resources at any time. By permitting access to the Recertification Resources, ASHP does not convey any interest in or to the Recertification Resources or any of ASHP’s property or services. All rights, title and interest in and to the Recertification Resources are and shall remain in ASHP.
  6. You agree that Your access to the Recertification Resources will be in compliance with any additional usage requirements provided by ASHP from time to time.

Enrollment Period

This Agreement shall commence as of the date you click on the “I Agree” check box, pursuant to which you will be agreeing to be bound by the terms of this Agreement (the “Effective Date”) and registering for the free Review Course. The Agreement shall terminate on the date that is seven (7) years from the end of the calendar year in which You were given access to the Recertification Resources (the “Term”), unless terminated earlier by You or ASHP as provided herein.

Enrollment Fees and Billing

By registering for the free Review Course and accepting the terms and conditions of this Agreement, You are agreeing to be billed Ten Dollars ($10.00) per month (the “Enrollment Fee”) beginning the first day of the January following the year in which you access or attend the Review Course and ending upon the expiration of the Term of this Agreement. All payments of the Enrollment Fee will be in U.S. Dollars. All Enrollment Fee payments are non-refundable. You may pay the Enrollment Fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). When registering for the free Review Course, You must provide ASHP with accurate and complete payment information, including all of the following: (i) your name (as it appears on your credit card), (ii) your credit card number, (iii) the credit card type, and (iv) the credit card’s expiration date. If, at any time during the Term of this Agreement, ASHP does not receive payments of your Enrollment Fee from your Credit Card Issuer or its agent, You agree to promptly pay all amounts due upon demand by ASHP or its agents. In the event your Enrollment Fee is past due for sixty (60) or more days, ASHP reserves the right to suspend your access to the Recertification Resources AND ANY OTHER ASHP PRODUCTS OR SERVICES (INCLUDING, FOR EXAMPLE, ASHP MEETINGS) UNTIL THE ENROLLMENT FEE IS NO LONGER IN ARREARS. You are solely responsible for paying
any taxes which may be imposed on your Enrollment Fee, including, without limitation any sales, use or value-added taxes.

You agree that ASHP is permitted to charge Your credit card on a monthly basis for the Enrollment Fee and any applicable sales tax and any other charges you may incur in connection with your use of the Recertification Resources. The Enrollment Fee will be billed automatically to your credit card unless and until you terminate the Term of this Agreement as outlined under Cancellation Rights. It is your sole responsibility to keep your credit card information current. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by going to “My Account” on www.ashp.org. If you need assistance with this process you may call 866-279-0681 for assistance.

Membership Lapse

By entering into this Agreement You agree to remain a member of ACCP or ASHP throughout the Enrollment Term. ACCP or ASHP will run reports two (2) times per year, at a timeframe to be determined by ACCP or ASHP, to determine your compliance with this provision. If, at any time during the Enrollment Term, ACCP or ASHP discovers that You have let Your ACCP or ASHP membership lapse, You hereby agree to be billed an increased monthly enrollment fee (the “Non-Member Enrollment Fee”). Currently, the Non-Member Enrollment fee is Twenty-Four Dollars ($24.00). ACCP or ASHP, may increase the Non-Member Enrollment Fee each year, in its sole and absolute discretion, and You agree to pay the then-current Non-Member Enrollment Fee each month for the remainder of the Enrollment Term or until such time as ACCP or ASHP discovers that You have renewed Your ACCP or ASHP membership. ACCP or ASHP shall not issue You any refunds for any months during which you paid the Non-Member Enrollment Fee. To renew Your ACCP membership and revert back to the ACCP membership pricing, contact ACCP at 913-492-3311. To renew Your ASHP membership and revert back to the ASHP membership pricing, contact ASHP Customer Relations at 866-279-0681.

Cancellation Rights

You may not cancel this Agreement for any reason other than by reason of failing to pass the Pharmacotherapy, Ambulatory Care Pharmacy, Critical Care Pharmacy, Pediatric Pharmacy, or Geriatric Pharmacy Specialty Certification Exam (the “Exam”). In the Event you do not pass the Exam and wish to cancel this Agreement, You must provide ASHP with written evidence of your failure to pass the Exam and request the Agreement be terminated. ASHP may cancel this Agreement only if You breach any of the material terms of this Agreement.

Discontinuation Rights

ASHP reserves the right to discontinue offering Recertification Resources at any time. If ASHP exercises this right, it will give You at least six (6) months’ advance notice of its intent to discontinue the Recertification Resources and the date on which the Recertification Resources will no longer be accessible (the “Discontinuation Date”). ASHP will no longer charge Your credit card after the Discontinuation Date.

Copyright and Proprietary Rights

ASHP owns all of the copyrights in and to the Recertification Resources. Any unauthorized copying or other prohibited use of any of the material in the Recertification Resources may result in Your liability for copyright infringement under U.S. and/or foreign law.

Disclaimer of Warranties

You acknowledge that all of the content of the Review Course and Recertification Resources are provided on an “as-is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Without limiting any of the foregoing, none of ASHP, its affiliates, or their respective members, directors, officers, employees, or agents (collectively the “ASHP Parties”) warrants that the Recertification Resources will be available on an uninterrupted basis.

Limitation on Liability

In no event will any of the ASHP Parties be liable for any special, incidental, indirect or consequential damages of any kind arising out of or in connection with your attendance at the Review Course or use, misuse, or inability to use of the Recertification Resources, whether arising in contract, tort, or otherwise.
You agree that in no event shall any liability of any of the ASHP Parties exceed the total amount of Enrollment Fees paid by you during the year prior to the date you assert a claim.

Indemnification

You agree to defend, indemnify, and hold harmless the ASHP Parties and their respective agents and assigns from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys’ fees and expenses) arising out of or related to Your attendance at the Review Course and Your use of the Recertification Resources or any breach of any of the terms of this Agreement.

Amendments

ASHP reserves the right to modify the terms and conditions of this Agreement at any time by posting a revised version hereof or by otherwise making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been posted or otherwise made available as described above. Your continued use of the Recertification Resources after posting or availability constitutes Your agreement to the revision.

Nontransferable/No Assignment

You may not assign this Agreement or any of Your rights hereunder. Any such attempted assignment shall be null and void.

Controlling Law

This Agreement shall be deemed to be a contract made under the laws of the State of Maryland, and for all purposes shall be governed, interpreted, and enforced in accordance with the laws of the State of Maryland, without giving effect to any choice or conflict of law provision or rule (either of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Maryland.

Mediation and Arbitration

Any dispute or disagreement arising between the parties in connection with this agreement which is not settled to the mutual satisfaction of the parties within thirty (30) days (or such longer
period as may be mutually agreed upon) from the date that either party informs the other party in writing that such dispute or disagreement exists, shall be settled first by nonbinding mediation in the city of Bethesda, Maryland. There shall be one (1) mediator, the fees and costs for whom shall be shared equally by the parties. The parties agree that all parties, consultants, employees, agents and counsel involved in the mediation, along with the mediator, shall treat all aspects of the mediation as confidential and inadmissible in any arbitration or litigation proceeding to prove liability or damages.

In the event that any claim or controversy related to this agreement is not resolved pursuant to mediation, then such dispute or controversy shall be settled by binding arbitration in the city of Bethesda, Maryland, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Each party shall bear the cost of preparing and presenting its respective case. The cost of the arbitration, including the fees and expenses of the arbitrator(s), shall be shared equally by the parties, unless the award otherwise provides.

General Provisions

This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto. The nonenforcement or waiver of any provision of this agreement on one occasion shall not constitute a waiver of such provision on any other occasion unless expressly so agreed in writing.

Revised: 11/30/18