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PTEC Membership Terms and Conditions
Membership in the Pharmacy Technician Educators Council (“PTEC”) is contingent upon approval by the Pharmacy Technician Certification Board (“PTCB”), payment of any applicable membership fee, and compliance with these terms and conditions (“T&C”).
1. Background
PTEC, a division of PTCB, is a volunteer organization with a mission that unites, supports, and empowers educators in the education and training of pharmacy technicians. PTEC formed in 1989 as a membership organization. In 2022, PTEC was integrated as a division of PTCB. Together, PTCB and PTEC assist the pharmacy profession in educating and training pharmacy technicians to adhere to best professional practices and promote the pharmacy technician profession through professional activities.
2. Membership
PTEC members will receive the information and other services to be provided by PTEC (the provision of such information and services by PTEC may hereinafter be referred to in these T&C as “the Services”), including any membership fee information. A member must satisfy any fee requirements and eligibility criteria that apply to membership and such fee requirements and/or eligibility criteria may be amended and modified from time to time by PTEC in its reasonable discretion.
Members agree to be contacted by PTEC for the purpose of verifying from time to time (1) the existence of the member; and (2) the addresses and physical location(s) of the member.
During the term of membership, PTEC grants a member a nonexclusive, non-assignable and non-transferable limited license to use the PTEC name and logo for the limited purpose of conveying notice of membership in PTEC, subject to any additional policies and procedures adopted by PTEC.
3. Term and Termination
These T&C are binding on a member from the date of acceptance of the member by PTEC. Members may terminate membership and any related obligations under these T&C without cause at any time, though no pro rata amounts paid for the terminated portion of the term of the membership will be refunded.
PTEC may terminate a member’s membership if (i) failed to pay any required membership fee; (ii) member has materially breached these T&C and such breach has not been cured; or (iii) the operation of PTEC is terminated. Neither PTEC nor PTCB and their employees, agents, contractors, subcontractors, information providers, or other PTEC members, shall be liable to any member for any costs, expenses or damages whatsoever for terminating a member’s membership if such termination has been undertaken in good faith by PTEC.
4. Representations and Warranties
PTEC makes no specific warranty regarding the Services or related information to be provided by PTEC as part of any membership and membership is provided WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO ITS ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5. Indemnification
As between each member and PTEC/PTCB, each party shall indemnify, defend and hold harmless the other party and its respective affiliates, directors, managers, officers, partners (if such party is a partnership), members (if such party is a limited liability company), employees and agents, from and against any claims, losses, damages or expenses (including reasonable attorney fees, expenses and disbursements) by third parties pertaining to the actual or alleged infringement of any intellectual property right, including, without limitation, patents, copyrights, trademarks, service marks, or misappropriation of trade secrets or any similar intellectual property rights, arising from the indemnified party accessing, using or distributing information provided by the indemnifying party, in accordance with the terms and conditions of these T&C.
6. Limitation of Liability
IN NO EVENT SHALL PTEC OR PTCB BE LIABLE TO A MEMBER OR TO ANY THIRD PARTY FOR INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING FROM ACTS UNDER THESE T&C EVEN IF SUCH PARTY OR MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF PTEC OR PTCB TO ANY MEMBER UNDER THESE T&C SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AGGREGATE AMOUNTS PAID BY MEMBER TO PTEC FOR MEMBERSHIP DURING THE 12 MONTH PERIOD PRECEDING THE FIRST INCURRENCE OF ANY SUCH LIABILITY. NOTWITHSTANDING THE FOREGOING, NO LIMITATION OF ANY PARTY'S LIABILITY SHALL APPLY WITH RESPECT TO ANY CLAIMS BASED ON SUCH PARTY'S FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, INDEMNIFICATION OBLIGATIONS, OR BREACHES OF CONFIDENTIALITY.
7. Confidentiality
PTEC/PTCB and each member shall keep all non-public material, communications, records, and all other information regarding PTEC or other members confidential. This section shall not prohibit disclosure of any information when:
(a) Disclosure is required by applicable law, by order of any court, or governmental authority; or
(b) Any such information has become public knowledge, except through the breach of this section.
8. Force Majeure
Neither PTEC nor PTCB shall be held financially or otherwise responsible for any delay or failure in performance under these T&C, which is caused by the unavailability of third-party communications facilities, fires, strikes, embargoes, government requirements, civil or military authorities, acts of God, acts by terrorists or terrorist organizations or by the public enemy or other similar causes beyond the reasonable control and without the fault or negligence of the party seeking protection under this section.
9. Assignment
Member may not assign their membership without the prior written consent of PTEC.
10. Rights and Remedies
The remedies afforded in these T&C are not intended to be exclusive, and each remedy shall be cumulative and shall be in addition to all other remedies available to the parties at law or in equity. These T&C shall not be construed to confer any rights or remedies upon any person or entity, except PTEC/PTCB and members. No delay or omission by any party in exercising any rights or remedies under these T&C or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy.
12. Governing Law
These T&C will be interpreted and construed in accordance with the laws of the District of Columbia, without regard to its principles of conflict of law or choice of laws.
13. Antitrust
PTEC/PTCB and its members will comply with all national and state antitrust laws and regulations. All officers, directors, managers, staff, and members must not engage in any conduct that may constitute violation of the antitrust laws, including but not limited to price fixing, group boycotts, or allocations of market among organizations or institutions.
To assure compliance with this policy:
a) Members are prohibited from discussing any company-specific, competitively sensitive information, including terms, sales, conditions, pricing, or future plans, related to their firms or any vendors or service providers they engage;
b) The member community mailing lists and forums are not to serve as a conduit for discussions or negotiations between or among vendors, manufacturers, or security service providers with respect to any member or group of members;
c) Members will determine the effect of the exchanged information on its individual purchasing and related decisions;
d) Any breach of this section may result in termination and forfeiture of membership.
14. Miscellaneous
If any provision in these T&C is found to be invalid, unlawful or unenforceable to any extent, PTEC and PTCB shall endeavor in good faith to amend these T&C to preserve its intention. However, any invalid provision will be enforced to the maximum extent permitted by law and, to the extent not enforceable, will be severed from the remaining terms, conditions and provisions, which will remain in full force and effect.
No failure on the part of PTEC and PTCB to exercise, or delay in exercising, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy by such party preclude any other or further exercise thereof or the exercise of any other right or remedy. A waiver on one occasion shall not constitute a waiver on any further occasion.
These T&C sets forth the entire agreement between PTEC/PTCB and a member and supersedes all prior agreements, discussions, negotiations, understandings, representations, conditions, warranties, and covenants between them with respect to PTEC membership.
The PTEC Member Forum is a space to interact with one another and share knowledge, information, and experiences from their use of the online forum. The following user terms apply to all who use the PTEC Member Forum. “We,” “our,” and “us” refer to PTEC/PTCB. “You” and “your” refers to you, the individual user and participant in the PTEC Member Forum.
PTEC Member Forum Terms of Use
All use of the PTEC Member Forum is subject to these Terms of Use and the Privacy Policy. By registering for the PTEC Member Forum, you agree to comply with all applicable PTEC/PTCB policies. In addition, users of the PTEC Member Forum must monitor and control all activity conducted through your PTEC Member account and exercise all reasonable efforts to keep all passwords and login information confidential.
PTEC Member Forum users must never:
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upload to or link from the PTEC Member Forum any harmful or malicious technology, including malware, that unlawfully accesses information owned by PTEC/PTCB or any third party.
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post content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies.
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allow another person to post from their account or on their behalf.
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post content that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libelous, defamatory, or fraudulent.
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dox another person, or post content that includes another person’s private or personal information, including but not limited to community forum profile information, images, personal phone numbers, email addresses, addresses, and Social Security numbers.
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post content that the user does not have the required rights to under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
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post spam or advertisements.
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impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person, organization, or entity of PTEC/PTCB.
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interfere with or disrupt the operation or integrity of the PTEC Member Forum or any information, data, content or other materials available on or through the PTEC Member Forum.
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authorize, permit, enable, induce or encourage any third party to do any of the above.
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do anything to violate the spirit of these Terms of Use.
Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a username, password, or account.
User Submissions, Member-Generated Content and Profile Information
As a user of the PTEC Member Forum, you may have the ability to make information, data, graphics, sounds, videos, messages, profiles and other materials and content, each a “Submission,” available through the PTEC Member Forum.
Users are solely responsible for all Submissions to PTEC Member Forum. PTEC has no control over users’ Submissions, and we do not endorse any specific user Submissions. Additionally, PTEC does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Submissions. By posting a Submission, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within such Submission and that the Submission does not infringe on the intellectual property rights of others.
Licenses
When you submit content to the PTEC Member Forum, you do not lose ownership of your Submission. Rather, with each Submission, you grant PTEC/PTCB an unlimited, irrevocable, perpetual, and royalty-free license to access, use, reproduce, display, prepare derivative works of, sublicense, perform, and distribute any Submission content, feedback, suggestions, or ideas for any purpose without any obligation or compensation to you.
If you make available through the PTEC Member Forum ideas and suggestions on PTEC/PTCB products or services, you acknowledge and agree that posting such a Submission does not provide you with any rights related to the development of any PTEC/PTCB product or service, including those that may incorporate or are related to user contributions to the PTEC Member Forum.
Moderation
The PTEC Member Forum is intended to be a place for PTEC members to connect, communicate, and share information, experiences, tips, and thoughts on the pharmacy technician profession. To ensure and foster a positive environment, PTEC may designate PTEC/PTCB employees to act as moderators / administrators for the PTEC Member Forum ("Community Moderators"). PTEC reserves the discretion to remove and alter any user Submission to the PTEC Member Forum at any time, with or without notice, for violation of these Terms of Use or the Privacy Policy, for otherwise being deemed inappropriate and/or unlawful; or for any other reason. PTEC has the discretion to block users who violate these Terms of Use from posting and/or to terminate the user’s PTEC Member Forum account.
Intellectual Property Rights and DMCA Policy
We take the intellectual property rights of others seriously and require that our PTEC Member Forum users do the same. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through the PTEC Member Forum, please contact us at contact@ptec.org.
Disclaimer of Warranties
THE PTEC MEMBER FORUM AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND PTEC/PTCB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USER ACKNOWLEDGES THAT PTEC/PTCB DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
NEITHER PTEC/PTCB, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR PARTICIPATION IN PTEC MEMBER FORUM, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You will defend and indemnify PTEC/PTCB and its affiliates, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising from or related to: (a) your use or attempted use of the PTEC Member Forum in violation of these Terms of Use, (b) your violation of any law or the rights of any third party, or (c) any Submissions you post to the PTEC Member Forum, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.
Modifications
As our business evolves, we may change these Terms of Use. Any material revisions to these Terms of Use will become effective on the date we publish the change. If you use the PTEC Member Forum after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
Severability
These Terms of Use will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use will remain in effect.
Governing Law
These Terms of Use constitute a binding agreement, and failure to comply with these Terms of Use may result in legal action. This agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the District of Columbia, without regard to its conflicts with the other state laws.