Terms of Service
Effective Date: October 1, 2012
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH IPHO. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
To use the Site you must be 18 years of age or older. We offer three types of registration: Guests, Pharmacist Members and Recruiters.
Guests. In order to browse our Site as a Guest, you must submit your name, email address and a password. Guests may browse many areas of our Site; however, certain areas are only accessible to Pharmacist Members. For example, only Pharmacist Members may post to discussion boards and other forums, and apply to job postings on the Site.
Pharmacist Members. IPhO is a professional Site where pharmacists and pharmacy students can connect with each other and participate in professional and career development activities. To use our full Site and Services, you must be a registered Pharmacist Member. You must be a pharmacist or a pharmacy student to become a Pharmacist Member of IPhO. Recruiters are not eligibile to join IPhO as a Pharmacist Member. By joining as a Pharmacist Member, you certify that you are not a recruiter and that your purpose for joining the Site is to participate in professional and career development activities and to engage with other pharmacists.
Recruiters. Recruiters may open a Recruiter Account with IPhO, in order to post current job openings for pharmacists. By joining as a recruiter, you agree that your sole purpose for opening an account with IPhO is to post job openings currently available at your company or the company you represent. You may not contact or attempt to contact IPhO members directly via the Site, nor may you post comments or content to any of the discussion boards or forums, unless you have written authorization from IPhO.
IPhO may terminate these Terms and your use of the Site without notice if IPhO, in its sole discretion, believes that you are either (i) under the age of 18; (ii) are a recruiter or non-pharmacist and have registered as a Pharmacist Member; or (iii) you have posted inaccurate, unauthorized or misleading job postings, or job openings for companies that you do not represent.
General Use Restrictions
IPhO provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") that are not Submissions (as defined below) are provided to you by IPhO and are the copyrighted and/or trademarked work of IPhO or IPhO's contributors.
IPhO grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services and this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
Using the Site and the Services on the Site
In order to access certain members-only areas of the Site (such as forums and discussion boards, the member directory, and job postings) and to use certain services and Materials offered on and through the Site, you must register with IPhO for an Pharmacist Member account and receive a password. See the section above titled "Eligibility" for information on who is eligible to register for an account with the Site.
Password Restricted Areas of this Site
If you desire to register for an account with IPhO, you must submit your name, email address, and information about your account preferences, indicate whether you are a pharmacist or a recruiter, and create a password. Registered guests and Pharmacist Members will also have the ability to provide additional optional information, such as personal profile information and employment history, mailing address, name, and billing address, which is not required to register for an account but may be helpful to IPhO in providing you with more a more customized experience when using the Site or its services. Once you have submitted your account registration information, an IPhO administrator shall have the right to approve or reject the requested registration, in the IPhO administrator's sole discretion. If your account is approved by the IPhO administrator, you will be sent an e-mail or otherwise notified that your account has been authenticated.
You are responsible for maintaining the confidentiality of your IPhO Password, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let anyone else access your Password or do anything else that might jeopardize the security of your Password. You agree to notify IPhO if your Password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.
Accuracy. By using this Site, you represent and warrant that all the information that you provide when registering for an account and otherwise through the Site is accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting IPhO using the contact information at the end of these Terms requesting that we make the change.
Membership Fees and Job Credits
Pharmacist Member. By registering for an account with IPhO and paying the applicable membership fee, you become a "Pharmacist Member" with access to certain password-restricted areas of the Site and the ability to use certain services and Materials offered on and through the Site (a "Membership"). Each Membership and the rights and privileges conferred on a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars. To view current Membership rates, click here.
The fee that we will charge you for your Membership will be the price posted on the Site on the date that you register as a Member. IPhO reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
You may pay for your Membership fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Membership fee on the date that we process your order for your Membership. Once your credit or debit card is charged the first Membership fee, you will receive a confirmation e-mail notifying you of your ability to access those Membership-only portions of, and Materials on, the Site. All membership fees are non-refundable.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Membership based on the mailing address that you provide when you register as a Member, and you authorize IPhO to charge your credit or debit card for any such applicable taxes.
Recruiters. In order to post job openings on the Site, you must purchase Job Credits. The fee that we will charge you for Job Credits will be the price posted on the Site on the date that you purchase the credits. IPhO reserves the right to change prices for Job Credits at any time, and does not provide price protection or refunds in the event of promotions or price decreases. To view current Job Credit rates, click here.
You may pay for your Job Credits only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card on the date that we process your order for Job Credits. Once your credit or debit card is charged, you will receive a confirmation e-mail notifying you of the availability of your Job Credits. All fees paid for Job Credits are non-refundable.
IPhO reserves the right to refuse any job posting, in its sole discretion. If IPhO refuses a job posting prior to posting it on the Site, you will not be charged any Job Credits for the posting. If, however, IPhO removes a job posting after it has been posted because it reasonably believes that the job posting contains inaccurate information, unauthorized or misleading job postings, or is a job opening for a company that you do not represent, you will not be entitled to a refund of any Job Credits used or fees paid relating to that job posting.
If applicable, you agree to pay all fees or charges to your account based on IPhO's fees, charges, and billing terms in effect as shown on the Membership Fees page, www.industrypharmacist.org/payment.php?mode=member, or the Recruiter Job Credits page, www.industrypharmacist.org/payment.php?mode=job. You are responsible for paying any taxes that may apply. If you do not pay on time or if IPhO cannot charge your credit card or other payment method for any reason, IPhO reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that IPhO is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site, and the fees will be billed to your credit card or debit card designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you have a balance due on any account, you agree that IPhO may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. If you cancel your account at any time, you will not receive any refund of Membership Fees (Pharmacist Members) or Job Credits (Recruiters). Job Credits are non-refundable and are not redeemable for cash or for anything other than job postings.
By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from IPhO. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with IPhO. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content
Certain information and other content that are not Submissions (defined below) may be provided by third party licensors and suppliers to IPhO ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. IPhO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third-Party Content, Products and Services
For the convenience and benefit of our users, we may allow third parties, such as guest bloggers, to post information on our website about topics that may interest our members. We do not endorse the views of these third parties, and we make this information available solely as a benefit to our users. We may also, from time to time, include information about products or services Members may be interested in, and, where requested connect our members with recruiters. We do not endorse any such third party products, service or recruiters and provide this information and/or these services as a benefit to our members.
You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to IPhO set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require IPhO to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. IPhO reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that IPhO determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. IPhO may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at IPhO's discretion, IPhO will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold IPhO and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) IPhO or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
IPhO is a trademark of the Industry Pharmacists Organization in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of IPhO. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
IPhO respects the intellectual property rights of others, and we ask you to do the same. IPhO may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide IPhO's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit IPhO to locate the material.
- Information reasonably sufficient to permit IPhO to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IPhO's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: Legal Department
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by IPhO, and they may include inaccuracies or typographical or other errors. IPhO does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. IPhO has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by IPhO or our licensors.
IPhO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THE THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS OF OTHER USERS OF THIS SITE AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THE THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IPhO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
IPhO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL IPhO BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF IPhO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
IPhO controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or the Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to IPhO, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, any services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and IPhO is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that IPhO is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us using our contact form. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and IPhO. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and IPhO shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney's fees).
For the purpose of this Provision, "IPhO" means IPhO and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and IPhO regarding any aspect of your relationship with IPhO, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as IPhO's licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give IPhO an opportunity to resolve the Dispute. You must commence this process by mailing written notification to IPhO using our contact form. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If IPhO does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or IPhO may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out of this Provision by e-mailing written notification to IPhO using our contact form. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with IPhO through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with IPhO. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or IPhO may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or IPhO may initiate arbitration in either [CLIENT's U.S. location] or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, IPhO may transfer the arbitration to [CLIENT's U.S. location] in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – IPhO will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with IPhO as provided in the section above titled "Pre-Arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney's fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and IPhO specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and IPhO are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and IPhO might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with IPhO or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if IPhO makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require IPhO to adhere to the language in this Provision if a dispute between us arises.
If you violate these Terms, IPhO may terminate and/or suspend your access to this Site without notice. IPhO prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by IPhO, may result in immediate termination of your access to this Site. The Federal Arbitration Act, New Jersey state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Morris County in the State of New Jersey. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. IPhO's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and IPhO and supersede all prior or contemporaneous negotiations, discussions or agreements between you and IPhO about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact IPhO for any reason, you can reach us by using our contact form.
Effective Date: October 1, 2012
Information We Collect
We may collect information about you directly from you, as well as from third parties and automatically through your use of our Site and Services.
Information We Collect Directly From You. We offer three types of accounts: Guests, Pharmacist Members and Recruiters. While you may browse certain areas of our Site as a Guest, most areas of our Site are available only to registered Pharmacist Members. For information about registration and eligibility, please review our Terms of Service at www.industrypharmacist.org/legal.php#terms.
- Guests. To browse as a guest, you must submit your name, email address and a password.
- Pharmacist Members. To register you must provide your name and email address, and create a password to access your account and member-restricted areas of the Site. We may also request from you or allow you to submit additional information, such as your professional qualifications and career history, job application information, interests and preferences, and feedback about IPhO and the Site. In order for the Continuing Pharmacy Education Accredited Provider to process and verify the CE credits you earn via the IPhO Site, we must collect and store your National Association of Boards of Pharmacy (NABP) eProfile ID and your month and year of birth (MM/YY).
- Recruiters. If you are a recruiter, and are creating a Recruiter account, we will collect your name, email address, the name of your employer/company and your title, and you will be required to create a password to access your account. We will also collect additional information related to any job postings you create on the Site.
Payment Information. To register and become an IPhO Pharmacist Member, you pay a Membership Fee through our Site. To submit job postings through your Recruiter Account, you must purchase Job Credits. For details about Membership Fees and Job Credits, please consult the IPhO Terms of Service. In order to process your payments, we will request that you provide your credit or debit card number, expiration date, security code and billing address.
Information We Collect Automatically. We automatically gather information about all visitors to our Site. We may collect the following information about your use of our Site or Services: your browser type and operating system; web pages you view; links you click; benefits and services you access; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site.
How We Use Your Information
We may use the information we collect from you in the following ways:
- To provide our Services to you, to communicate with you about your use of our Services, and for other customer service purposes.
- To process transactions.
- To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
- To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve IPhO, and our Site and Services, and respond to user desires and preferences.
- For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, promotions, and other information we believe may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites, and displaying ads on our Site.
- To administer surveys, promotions, or contests.
- For research purposes.
Notwithstanding the above, we may freely use aggregate or anonymous information about users for marketing, advertising, promotional or similar purposes.
How We Disclose Your Information
We may share the information that we receive from you, including personally identifiable information, as follows:
- Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
- Member Directory. If you choose to make your name and e-mail address available via the Member Directory, other members will be able to see it.
- Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
- In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
- Aggregate and De-Identified Information. We may freely share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
We will not share your personally identifiable information with third parties other than as stated above, unless we have your consent.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
Persistent cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use these cookies to track aggregate and statistical information about user activity, which may be combined with other user information.
Third Party Cookies. We may also engage third parties to track and analyze Site data, via cookies placed through our Site. We use the data collected by such third parties to help us administer and improve the quality of the Site and to analyze Site usage.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to disable and manage your cookies settings. If you disable cookies you may still browse public areas of the Site, but many features and Services will not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages or within emails. We and our third party service providers may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in our e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track when any links within the emails are clicked.
Site Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences.
Communications We Send to You
If you subscribe, we may send you news, career tips, advice, job postings and other information we believe may interest you. You may opt-out of these types of communications at any time by logging in to your account and editing your "communications preferences" or by following the unsubscribe instructions included in each of our emails. Please allow 10 business days for us to process your opt-out request. Even if you opt out, we may continue to send you emails about your account or any purchases or orders you have placed with us.
Updating Account Information
You may update your personal information and communications preferences at any time by logging in to your account, and selecting and editing the information you wish to update.
Continuing Pharmacy Education Credits
We will store your National Association of Boards of Pharmacy (NABP) eProfile ID and month and year of birth (MM/YY). Beginning in 2013, all pharmacists must register with NABP in order to obtain continuing education ("CE") credits. Storing your eProfile information on the IPhO site allows the Continuing Pharmacy Education Accredited Provider to process and verify the CE credits you earn directly with the NABP.
How We Protect Your Information
We have implemented commercially reasonable precautions, including, where appropriate, password protection, SSL, encryption, and internal restrictions on who may access data, in order to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
User Content and the IPhO Member Directory
If you post content, such as user comments, on our Site or Services, your posting may be viewed by other members and/or may become public. In addition, you may choose to make your name and contact information available through our member directory. Any information you post or make available on the Site, may be viewed by members and other third parties. IPhO cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
IPhO has areas on the website where you can contact us and/or provide feedback. Any feedback submitted through these mechanisms becomes IPhO property. IPhO may use this feedback, including but not limited to success stories and testimonials, for marketing purposes or to contact you for further feedback on the website or the IPhO organization.
Access To Your Personal Information
Registered users of our site may make any changes to their information at any time by logging in to their account and editing their profile.
Children Under 13
Our Site and Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
Terms and Conditions
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at www.industrypharmacist.org/legal.php#privacy. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.
Effective Date: July 1, 2013
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE INDUSTRY PHARMACISTS ORGANIZATION ("IPhO") COACHING SERVICE (the "COACHING SERVICE"). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND IPhO AND GOVERN YOUR ACCESS TO, AND USE OF, THE COACHING SERVICE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE COACHING SERVICE. YOUR USE OF THE COACHING SERVICE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Other than James Alexander, the coaches that provide coaching through the Coaching Service are independent contractors and are not employees or agents of IPhO. The coaching, materials, and information (the "Coach's Content) they provide to you as part of the Coaching Service are based on the coach's own independent thoughts and experiences and in no way reflect the thoughts or opinions of IPhO.
Certain information supplied by you related directly to your participation in the Coaching Service will be shared with your coach prior to your coaching session. All discussions and information shared between you and your coach are confidential between you and your coach. IPhO has no knowledge of or responsibility for any confidential information provided by you or your coach in relation to the Coaching Service. You must sign a formal agreement with the coach that includes this confidentiality provision prior to receipt of any coaching as part of the Coaching Service.
You may not duplicate or otherwise use any coaching materials provided by your coach except upon receipt of explicit written permission to do so from your coach.
The service to be provided is coaching, which is not advice, therapy, or counseling. It is strictly for your benefit and is only intended to address career development challenges and opportunities. IPhO Coaching Services is a designed alliance that helps bring out the best in the client’s professional growth and satisfaction. You understand that the coach may or may not be a certified coach or someone who is otherwise considered qualified to provide Coaching Services.
The coaching relationship, as well as all information (documented or verbal) that you may share with the Coach as part of this relationship, is considered to be confidential but is not considered a legally confidential relationship (as in Medicine or Law). Your coach will agree in writing not to disclose any of your confidential information without written consent. However, coaching session discussion topics and de-identified information may be anonymously and hypothetically shared with others for the purposes of training, supervision, mentoring, evaluation, furthering professional development of coaches and/or consultation purposes.
You agree to i) communicate honestly, ii) be open to feedback and assistance, and iii) invest the time and energy to participate fully in the program. If you believe that the Coaching Service is not working as desired, you will immediately communicate that to the coach and both you and the coach will take immediate action to remedy the situation.
You agree to participate fully in each scheduled appointment with your coach at the agreed date and time. Should you determine that you will be unable to keep the appointment with the coach at the agreed upon time, (excluding a true emergency), you hereby agree to commit to provide a minimum of 24 hour advance notice to the coach. Should you not provide this 24 hour advance notice, you understand that you are responsible for the full charges for the cancelled session and are not entitled to any refund, either full or partial. All Coaching Service fees are non-refundable.
You hereby certify that you do not suffer from any physical or mental disability that might affect your participation in the coaching process, and, if you have any substance abuse problem or mental illness, you have consulted with your physician or other health care professional and have been advised that you may participate in the Coaching Service without risk. If there is any change in this representation, you will promptly advise the coach.
The fee that IPhO will charge you for the Coaching Service will be the price posted on the IPhO website on the date that you purchase coaching credits. IPhO reserves the right to change prices for Coaching Services at any time, and does not provide price protection or refunds in the event of promotions or price decreases. All Coaching Service fees are non-refundable.
You may pay for your Coaching Services only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your Coaching Service fees on the date that we process your order for your coaching credits. Once your credit or debit card is charged, you will receive a receipt for your purchase indicating the number of coaching credits that have been purchased. You may then redeem coaching credits by selecting the coach of your choice on the IPhO website. Upon redemption of coaching credits, you will be sent a confirmation e-mail notifying you to connect with the coach to organize a time for the coaching session. All Coaching Service fees are non-refundable.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Coaching Services based on the mailing address that you provide when you register as a Member, and you authorize IPhO to charge your credit or debit card for any such applicable taxes.
Content Provided by Coaches
Certain information, materials, coaching, and other content may be provided by coaches (the "Coach's Content"). The Coach's Content is, in each case, the copyrighted and/or trademarked work of the coach. You agree to only display the Coach's Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Coach's Content in any manner unless you have permission from the Coach. IPhO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO COACH'S CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to indemnify and hold IPhO and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) IPhO or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Coaching Service or the Coach's Content violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
You agree to indemnify and hold your coach harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that your coach or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from you or a third party that your use of this Coaching Service violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Disclaimer of Warranties
Your use of this Coaching Service is at your own risk. Neither the coaches nor the Coach's Content that they may provide have been verified or authenticated in whole or in part by IPhO, and the Coach's Content may include inaccuracies or typographical or other errors. IPhO does not warrant the accuracy of timeliness of the materials and information that may be provided through this Coaching Service. IPhO has no liability for any errors or omissions in the Coach's Content.
IPhO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS COACHING SERVICE, ANY COACH'S CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY COACH'S CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE COACHING SERVICES, AND THE COACH'S CONTENT IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
IPhO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PARTICIPATION IN THIS COACHING SERVICE. IN NO EVENT SHALL IPhO BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF IPhO KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Effective Date: July 1, 2017
The Service is operated by IPhO to facilitate the connection of its members who are seeking professional guidance and advice (“Mentees”) with experienced professionals who volunteer to provide professional guidance and advice (“Mentors”). IPhO uses its reasonable best efforts to match Mentees with Mentors based on the information and preferences provided. Mentors and Mentees are responsible for the truth and accuracy of any information they submit to the Service and for timely updating of any changes to their information.
Independence of Mentors and Mentees
Mentor and Mentee participation in the Service is voluntary. After an initial connection is made through the Service, Mentors and Mentees are responsible for using their reasonable best efforts to connect with one another and establish a productive, professional relationship with one another.
Registration as a Mentor
By registering as a Mentor to be included in the Service, you certify that:
- you have a legitimate interest in providing guidance, support, and encouragement for the benefit and professional development of Mentees;
- you will not use the Service to harm anyone in any way;
- you understand that IPhO makes no representations or warranties as to the conduct of Mentees or their compatibility;
- you understand that IPhO does not guarantee that you will be successfully matched with a Mentee;
- you will represent your identity, skills and background accurately in your registration.
Registration as a Mentee
By registering as a Mentee to be included in the Service, you certify that:
- you have a legitimate interest in receiving guidance, support, and encouragement from a Mentee for your benefit and professional development;
- you will not use the Service to harm anyone in any way;
- you understand that IPhO makes no representations or warranties as to the conduct of Mentors or their compatibility;
- you understand that IPhO does not guarantee that you will be successfully matched with a Mentor;
- you will represent your identity, skills and background accurately in your registration.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS THROUGH THE SERVICE. YOU UNDERSTAND THAT IPHO CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON PARTICIPANTS. IPHO ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF MENTORS OR MENTEES AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MENTORS OR MENTEES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MENTORS OR MENTEES. IPHO RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IPhO is not responsible for the conduct of any participant in the Service. In no event shall IPhO, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registrants or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other participants, particularly if you decide to communicate off the Website or meet in person. You understand that IPhO makes no guarantees, either expressly or implied, regarding your ultimate compatibility with individuals you meet through the Service.
Disclaimer of Liability
You agree that there is no confidential or any other special relationship with IPhO that is or should be formed by the use of the Service or information contained on the website.
IPhO expressly denies liability and undertakes no responsibility for the conduct of Mentors or Mentees. While IPhO is not obligated to do so, it reserves the right to screen or conduct background checks on any individuals or registered with the Service.
You agree that you bear all risks associated with the disclosure and use of any information and/or advice and/or interactions as part of the Service. IPhO expressly denies liability and undertakes no responsibility for the use of any information and/or advice and/or interactions as part of the Service.
In the event anyone is harmed in any way by any by the Mentor/Mentee relationship, you hereby release IPhO, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
IPhO reserves the right, at its sole discretion, to reject or approve any application of any Mentor or Mentee for inclusion in the Service.
IPhO does not discriminate based on race, religion, color, sexual orientation, gender, or national origin.
IPhO reserves the right to remove any information posted on the Service and its website at any time, at its sole discretion. IPhO is not liable for any damage or losses, financial or otherwise, that result from removal of information from the IPhO website.
IPhO is not liable for any damage or losses, financial or otherwise, that result from the interactions between Mentors and Mentees.
Mentors and/or Mentees may discontinue their relationship with one another at any time by sending written notice (electronic or regular mail) to IPhO and to one another.
Modification of Terms