Pharmacology Weekly - User Agreement

USER AGREEMENT:

General:

This Agreement, which governs the terms of your subscription to Pharmacology Weekly, Inc.'s Products and Services and also governs, to the extent applicable, for use of the website even it you have not subscribed to the newsletters, is between you ("you" or "Customer"), as an authorized user of such services, and Pharmacology Weekly, Inc., a Texas corporation, d/b/a Pharmacology Weekly ("Pharmacology Weekly").

This Agreement is subject to and incorporates by reference herein the Terms and Conditions, the Fundraiser Organization Agreement, if applicable, the Privacy Policy, the Disclaimer, the pricing terms to which you agree upon creation of your account, and any other supplemental documents expressly incorporated herein by reference and published from time to time by Pharmacology Weekly (collectively, the "Agreement"). Any and all references herein to the "Agreement" or this "Agreement" shall include all of the documents identified in the previous sentence. By accepting this Agreement and using the Pharmacology Weekly website, you are also agreeing to all of the above-listed documents.

This Agreement (as defined above) constitutes the entire agreement between Pharmacology Weekly and you regarding Pharmacology Weekly Products and Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "Pharmacology Weekly Products or Services" or "Products or Services" are defined as any and all services provided by Pharmacology Weekly to you either now or in the future.

By receiving and/or using Pharmacology Weekly Products and Services, you confirm your acceptance of, and agree to be bound by, this Agreement, and you represent and warrant that you understand that this Agreement (as defined above) is a legally binding agreement and the equivalent of a signed, written contract.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, THIS INDIVIDUAL CUSTOMER AGREEMENT, THE FUNDRAISER ORGANIZATION AGREEMENT (IF APPLICABLE), THE DISCLAIMER OR THE PRIVACY POLICY, DO NOT USE OR SUBSCRIBE TO THIS WEB SITE NOR DOWNLOAD MATERIALS FROM THIS SITE.

Pharmacology Weekly Products and Services:

Pharmacology Weekly offers Products and Services at its website www.pharmacologyweekly.com, each of which are separate Products and Services for which the Customer must pay in order to obtain access thereto. Purchase of one Product or Service does not entitle the Customer to access to the other Products and Services.

Individually, the Products and Services to which new Customers subscribing on or after August 1, 2009, may choose to subscribe are:

1. Electronic Newsletter Subscriptions

A one-year subscription to the Pharmacology Weekly electronic newsletter includes the following:

Pharmacology Weekly: Pharmacotherapy Newsletter

This newsletter subscription includes: (i) the delivery of one electronic newsletter in html format to be delivered by email to an active Customer's provided email account at a minimum of once every month for one year, for a minimum total of 12 issues (but possibly as frequently as once every week, in the sole discretion of Pharmacology Weekly), (ii) access via membership login through the website to audio files in MP3 format that correspond to each released newsletter to be downloaded by active subscribers to this newsletter for personal use only to an electronic device owned by the Customer for listening, (iii) access via membership login through the website to certain archived issues (i.e., previously released newsletters that have been released on or after a time determined and set by Pharmacology Weekly, in the sole discretion of Pharmacology Weekly) in html and pdf format to be viewed or printed by the Customer alone for his or her personal use only, and (iv) the opportunity to complete and receive credit for up to a minimum of 3 hours of continuing medical education, subject to the terms and conditions set forth below in the section entitled "Continuing Medical Education."

Pharmacology Weekly: Drug Interactions Newsletter

Pharmacology Weekly: Pharmacogenetics Newsletter

This newsletter subscription includes: (i) the delivery of one electronic newsletter in html format to be delivered by email to an active Customer's provided email account once every month for one year for a minimum of 12 issues, (ii) access via membership login through the website to audio files in MP3 format that correspond to each month's released newsletter (i.e., a total of 12 audio files per year) to be downloaded by active subscribers to this newsletter for personal use only to an electronic device owned by the Customer for listening, (iii) access via membership login through the website to certain archived issues (i.e., previously released newsletters that have been released on or after a time determined and set by Pharmacology Weekly, the sole discretion of Pharmacology Weekly) in html and pdf format to be viewed or printed by the Customer alone for his or her personal use only, and (iv) the opportunity to complete and receive credit for up to 3 hours of continuing medical education, subject to the terms and conditions set forth below in the section entitled "Continuing Medical Education."

Pharmacology Weekly: Natural Medicines Newsletter

This newsletter subscription includes: (i) the delivery of one electronic newsletter in html format to be delivered by email to an active Customer's provided email account at a minimum of once every month for one year for a minimum total of 12 issues (but possibly as frequently as once every week, in the sole discretion of Pharmacology Weekly), (ii) access via membership login through the website to audio files in MP3 format that correspond to each released newsletter to be downloaded by active subscribers to this newsletter for personal use only to an electronic device owned by the Customer for listening, (iii) access via membership login through the website to certain archived issues (i.e., previously released newsletters that have been released on or after a time determined and set by Pharmacology Weekly) in html and pdf format to be viewed or printed by the Customer alone for his or her personal use only, and (iv) the opportunity to complete and receive credit for up to a minimum of 3 hours of continuing medical education, subject to the terms and conditions set forth below in the section entitled "Continuing Medical Education."

Projected Revisions to Delivery Schedule and Effect on Current Customers:

Beginning on January 1, 2012, Pharmacology Weekly plans to revise its newsletters, so that instead of delivering one of the above-described four newsletters on rotating weeks, Pharmacology Weekly will begin to deliver a single weekly newsletter, which may be on a topic of Pharmacotherapy, Drug Interactions, Pharmacogenetics, Natural Medicines, and/or other topics deemed appropriate, as determined by the Editorial Board, Board of Directors, or President. The Pharmacology Weekly newsletter will continue to be delivered on a weekly basis (excluding 4 weeks out of each year, as selected by Pharmacology Weekly) to provide a minimum of 48 issues per year as currently done. Because the number of issues will not be changing, no adjustments will be made to accounts. However, if there are any Customers who purchased a subscription to the Pharmacology Weekly newsletters prior to February 15, 2010, but whose subscription does not expire until after January 1, 2012, and if such Customer is not satisfied with this change described herein, pro-rated refunds will be provided upon written request to Pharmacology Weekly. For all Customers purchasing new subscriptions or renewing subscriptions on or after February 15, 2010, such Customers have been hereby notified of the upcoming change in format, and no refunds will be issued to such Customers on account of this change.

Although the format and topics will change, the newsletter subscription will continue to include: (i) the delivery of one electronic newsletter in html format to be delivered by email to an active Customer's provided email account at a minimum of once every week (excluding 4 weeks out of each year, as selected by Pharmacology Weekly) for one year, for a minimum total of 48 issues, (ii) access via membership login through the website to audio files in MP3 format that correspond to a released newsletter (as applicable) to be downloaded by active subscribers to this newsletter for personal use only to an electronic device owned by the Customer for listening (note: on occasion some newsletters may not have an audio file due to the nature of the topic for that newsletter or as determined by the editor), (iii) access via membership login through the website to certain archived issues (i.e., previously released newsletters that have been released on or after a time determined and set by Pharmacology Weekly, in the sole discretion of Pharmacology Weekly) in html and pdf format to be viewed or printed by the Customer alone for his or her personal use only, and (iv) the opportunity to complete and receive credit for up to 12 hours of continuing medical education, subject to the terms and conditions set forth below in the section entitled "Continuing Medical Education."

Possible Additional Newsletters:

Pharmacology Weekly may also choose to provide on its web site, but is not obligated to provide, additional newsletters at various times in the future. The terms for subscribing to such newsletters shall be set forth on the web site at such time, and shall be subject to this Agreement, without a need for amending this Agreement to specifically refer to such newsletters.

2. Electronic Subscriptions to Q-Bank and Flashcard System:

The Q-Bank/Flashcard subscription includes: (i) access via membership login through the website to the database of electronic questions and flashcards that correspond to the exam type and duration of access chosen during the processing of checking out and payment online through the website, and (ii) the opportunity to renew the subscription to continue the service. A subscription to this service does not (i) guarantee a certain score or outcome on a board or licensure exam; (ii) may not address all areas known to drug therapy within clinical practice.

3. Online Lectures:

Purchase of an online lecture includes: (i) access to a one-time viewing of the particular online lecture purchased, (2) purchase of the notes for such online lecture, at an additional cost, and (3) continuing medical education credit, as further described on the website upon purchase of the lecture.

4. Live Lectures:

Pharmacology Weekly offers various live lectures at conferences nationwide. The applicable terms and conditions for such conferences are provided at the time of purchase of such conference, and such conferences are separate and apart from any of the services offered and described above.

Possible Additional Active Subscriber Benefits:

Pharmacology Weekly may also provide, but is not obligated to provide, the following additional benefits to active subscribers (i) access to certain archived newsletters available online for the newsletter subscription(s) to which the Customer has purchased access, (ii) access to certain MP3 audio files for only those newsletters for which the Customer has purchased a subscription, (iii) access to the online searchable database, (iv) the ability to purchase additional subscriptions through membership login under a particular Customer's account if needed in the future, (v) the ability to purchase additional forms of accreditation for continuing medical education, and (vi) the ability to receive a rewards or membership identification number that may be used in making referrals to friends or colleagues, as further described below.

At its discretion, Pharmacology Weekly may give out or provide coupons for use on an individual product or service or that can be applied to an entire purchase. These are meant to be coupons and not gift cards. As such, a coupon must be used before its expiration date to be applicable. Furthermore, coupons cannot be applied to an order that is less that the coupon's value or be redeemed for actual cash or monetary credit.

Referral Benefits Policy:

When a referral is made by an existing Customer, and the new subscriber appropriately places the referring Customer's identification number in the indicated space during account set up, the referring Customer will then automatically receive a one month extension on their subscription (provided such new subscriber's credit card issuer, bank, or other third-party payor does not reject the payment or request return of such payments, such payments are authorized and not fraudulently-obtained, and such new subscriber does not otherwise receive a refund of the charges). Referrals may accumulate up to a maximum extension of 3 years (36 months) at any one time, before expiration for any one Customer, after which time additional referrals will not count for extensions on the Customer's expiration date. Should the Customer choose to refer friends or colleagues to Pharmacology Weekly pursuant to these terms, the Customer and Pharmacology Weekly agree that the Customer is in no way an agent, representative, or employee of Pharmacology Weekly, and Pharmacology Weekly shall not be liable for any actions or representations made by the Customer. The Customer affirmatively agrees not to misrepresent Pharmacology Weekly in any way when making any referrals to purchase the Products and Services of Pharmacology Weekly, and THE CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PHARMACOLOGY WEEKLY IN ANY ACTION OR CLAIM RELATED TO SUCH A MISREPRESENTATION BY THE CUSTOMER. The Customer shall not use the official logo or trademark of Pharmacology Weekly in any capacity without the written approval of the President of Pharmacology Weekly.

Should Pharmacology Weekly at any time have reason to believe such Customer has misrepresented Pharmacology Weekly, as determined in Pharmacology Weekly's sole and absolute discretion, Pharmacology Weekly shall have the right (in addition to and without limiting any other rights described in this Agreement) to revoke the Customer's right, if any, to continue receiving newsletters pursuant to this referral program. Furthermore, Pharmacology Weekly reserves the right to change this referral program and these policies at any time, and should Pharmacology Weekly at any time cease publishing newsletters of the type being subscribed to by the Customer, Pharmacology Weekly shall have no obligation to provide a refund or payment in exchange for such months earned by referrals, nor an obligation to continue providing such newsletters for any months earned by a Customer pursuant to this referral policy. The referral rewards provided for pursuant to this section shall not entitle an Organization (as that term is defined in the "Fundraiser Organization Agreement") to any additional compensation, but are simply referral rewards for the benefit of the individual Customer.

Continuing Medical Education:

The Customer will have the opportunity to complete and receive credit for online continuing education ("CE") offered by Pharmacology Weekly for the newsletter subscriptions purchased without any additional cost.

The online CE is only available through the internet, and paper or written CE is not available. Customers will be required to log into their account through Pharmacology Weekly's website to verify the Customer's status when requesting access to and credit for CE.

Customers who have purchased the right to complete and receive credit for online CE as described above will have the ability to complete and receive such online CE credit through Pharmacology Weekly's password-protected website for at least 12 months from the initial date of subscription to the applicable newsletter. In order to receive CE credit, the Customer must (1) read the applicable newsletters; and (2) accurately answer a pre-determined set of questions relating to the content of the newsletters. It is the responsibility of each Customer to pass each CE test in order to receive credit, and Pharmacology Weekly does not guarantee that the Customer will receive the maximum available hours of CE for each newsletter to which the Customer subscribes. Customers are required to then redeem their certificates prior to their account expiration date or to renew their subscriptions prior to expiration, or they may lose credit for those hours.

Pharmacology Weekly is subject to the standards and criteria set out by the approving accreditation agency or agencies for Pharmacology Weekly. Currently, Pharmacology Weekly is accredited by the American Academy of Continuing Medical Education (AACME) to provide continuing medical education for physicians. In our attempt to remain compliant with these standards, Pharmacology Weekly reserves the right to make any changes to the online CE process. If for any reason Pharmacology Weekly should lose any of the accreditation options for providing CE credit, a notification will be posted to the Pharmacology Weekly website providing the updated information to current Customers. The total number of hours of CE that a Customer can obtain is based on the number of issues released while such Customer has a subscription with Pharmacology Weekly. There will always be a minimum of 3 hours but no more than 12 hours of CE provided by each newsletter subscription.

Customers shall not share their online access with anyone else and shall not allow others to misrepresent the Customer by taking the online CE for them. Customers also shall not share the answers to the online CE tests with anyone as this material is not only copyrighted, but is also intended to test the knowledge of each specific paying Customer alone.

Upon redeeming the accumulated online CE through the website creation of an Adobe file certificate, the Customer shall not have the right to edit the certificate or attempt to change the content represented by Pharmacology Weekly's website in the process of providing a certificate for CE. Failure to comply with the above requirements for obtaining CE or any activity that should be deemed by Pharmacology Weekly, in its sole discretion, as compromising the integrity of this secured online CE process could result in the immediate termination of the Customer's account without written or verbal notification by Pharmacology Weekly. If deemed appropriate by Pharmacology Weekly, additional legal action may be taken if a Customer or other person violates any of the above terms and conditions.

Privacy Policy:

Pharmacology Weekly is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, which you hereby agree you have read and agree to.

Customer Responsibilities:

As further discussed in the Terms and Conditions, your right to use the Products and/or Services is personal and shall be for the benefit of a single individual user only. Sharing a password with a non-subscriber or otherwise making the contents of this web site available to third parties is strictly prohibited. If it is determined by Pharmacology Weekly that an active Customer is violating this policy through having too many or unusual IP addresses during login, then Pharmacology Weekly reserves the right to question the Customer and/or inactivate the account without notice. Furthermore, the Customer may not reproduce any of the material provided or published by Pharmacology Weekly, store such material in a retrieval system, sell such material, or transmit such material in any form or by any means, including, but not limited to, electronically, mechanically, photocopying, microfilming, recording, or otherwise without written permission from the President of Pharmacology Weekly. Please refer to the Terms and Conditions for specific details on such restrictions.

Liquidated Damages:

The Terms and Conditions include a "Liquidated Damages" provision for your breach of your agreement not to distribute, reproduce, sell, or transmit in any other manner the information you obtain from the Pharmacology Weekly web site. Please refer to the Terms and Conditions for specific details.

DISCLAIMER AND LIMITATION OF LIABILITY:

Any use by the Customer of information obtained from the Pharmacology Weekly newsletters, websites, and continuing medical education or otherwise is subject to the Terms and Conditions, the Disclaimer, and Pharmacology Weekly disclaims liability for such use to the extent set forth in the Terms and Conditions, and Disclaimer. Please refer to the Terms and Conditions and Disclaimer for further details concerning limitation of liability, disclaimers, and indemnification by you of pharmacology weekly.

Customer Representation:

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, if such age is older than 18, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Pharmacology Weekly Products and Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. You represent and warrant that you are authorized to sign for and bind the contracting party, and you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers, or otherwise conceal your identity from Pharmacology Weekly for any purpose.

Member Account and Security:

As part of the registration process, you will be required to provide an email address at minimum. Once you become an active subscriber, your membership or identification number will be automatically sent to you by email in the form of an invoice. You may change your username and set a password to protect your account after logging in to the Pharmacology Weekly website. You are entirely responsible for failing to maintain the confidentiality of your username, password, membership or identification number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Pharmacology Weekly of any unauthorized use of your account or any other breach of security known to you.

Modifications to this Agreement:

Pharmacology Weekly may automatically amend this Agreement at any time by following the procedures set forth in the Terms and Conditions, which includes simply posting a revised Agreement (or other applicable document) on the Pharmacology Weekly web site. See the Terms and Conditions for more details concerning such modifications.

Termination:

As further set forth in the Terms and Conditions, any violation of this Agreement shall result in immediate revocation of any further access to any electronic material related to the Pharmacology Weekly website and will be prosecuted to the fullest extent allowable by law.

Modifications of Services:

Pharmacology Weekly reserves the right to modify or discontinue any of the Products and/or Services with or without notice to you, if you fail to comply, or Pharmacology Weekly has reason to believe you have failed to comply, with this Agreement. Pharmacology Weekly shall not be liable to you or any third party should Pharmacology Weekly exercise its right to modify or discontinue the Products and/or Services pursuant to this section.

Customer's Responsibility to Obtain Access to Internet and Email:

It is your responsibility to obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to receive and/or access Products or Services, and to set your internet services provider's or intermediary's settings to appropriately receive outside emails from a blast email subscription service such as that being provided by Pharmacology Weekly. You must have your own active email account that is able to accept emails in html format.

NEITHER PHARMACOLOGY WEEKLY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, INCLUDING SPECIFICALLY, BUT NOT LIMITED TO, ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF PHARMACOLOGY WEEKLY'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

Charges:

Payment of your Pharmacology Weekly account balance is due at the time of purchase and must be made by a valid form of payment designated by you for Pharmacology Weekly use and transactions (provided such form of payment is allowed by the Pharmacology Weekly website at the time of payment). In addition, the application of a valid coupon must be redeemed at the time of a purchase online. Available and valid coupons cannot be applied or redeemed after an intended purchase has been completed. The charges you will be agreeing to pay shall be based on the current pricing schedule set forth on the website and agreed to by you at the time of your checking out and paying for the selected Products or Services. Pharmacology Weekly reserves the right to suspend or terminate your account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Pharmacology Weekly when Pharmacology Weekly believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Pharmacology Weekly.

You represent and warrant that you are an authorized user of whatever form of payment you elect (i.e. credit card, debit card, checking account, or otherwise), and you agree to pay all charges resulting from your subscription service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Pharmacology Weekly of such charges and your taking steps to prevent its further occurrence. You agree that Pharmacology Weekly may pass your payment information (such as credit card number, expiration date, checking account number, etc.) and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your subscription service. All subscription service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. IF THE CUSTOMER IS A RESIDENT OF STATE OF TEXAS, APPROPRIATE STATE TAXES WILL BE ADDED TO THE FINAL SUBSCRIPTION PRICE. Pharmacology Weekly reserves the right to modify or terminate membership plans, change prices, or institute new charges for any subscription service at any time with at least thirty (30) days' notice.

If you purchased a product that requires shipping, Pharmacology Weekly will not be responsible for shipments that are delayed to uncontrollable events or acts of God (such as severe weather, war, or other unforeseen situations) that may compromise the delivery of a product by the mailing agency used. Pharmacology weekly will make every effort to prevent such delays or to communicate such delays to the customer.

ALL SALES ARE FINAL:

On all purchases you make through the Pharmacology Weekly website, all sales are final. As soon as you click on the button authorizing Pharmacology Weekly to charge you (by whatever form of payment has been designated by you) for the requested newsletter subscriptions, your purchases will be immediately charged to your credit card, checking account, or other form of payment. Because you will instantly have access to certain past newsletters upon clicking such button, Pharmacology Weekly's policy is that you cannot cancel a purchase or receive a refund for a purchase.

(Last updated: 02/2/2011)