NABP Terms & Policies

Terms of Use Statement

Terms of Use for National Association of Boards of Pharmacy and National Association of Boards of Pharmacy Foundation Website, Mobile Application, and NABPLAW

Please review these Terms of Use before using this website, accessing or using NABPLAW® (“NABPLAW”), or downloading or using a mobile application (“App”), of the National Association of Boards of Pharmacy® (NABP®) or National Association of Boards of Pharmacy Foundation® (NABPF®). NABP and NABPF are collectively referred to as “NABP.”

Welcome

Welcome to the NABP website (“Website”), App, or NABPLAW. NABP collectively refers to the Website, App and NABPLAW as “Site.” The Site and its information, material, programs, and services (collectively “Content”)are intended to advance NABP’s mission and objectives, provide a service to NABP’s members and those seeking to use NABP’s programs, provide information about NABP including, without limitation, NABP’s activities, programs, and services, or provide information regarding pharmacy regulation and information that NABP believes may be of interest to its members or customers.

Access or Use of the Site or Content

Any person or entity downloading, accessing, browsing, or using the Site, in any manner, is considered a “User” under this Terms of Use statement (“Statement”). All Users acknowledge and agree to be bound to the terms and conditions of this Statement, including all revisions to this Statement which may be made at any time, for any reason, in the sole discretion of NABP, with or without notice. If User does not agree with this Statement, or any revisions to this Statement following posting of such revisions on the Site, then User agrees to cease using the Site immediately. User agrees to periodically review the Statement terms and conditions to be aware of such revisions or additions.

User is responsible for his/her/its use of the Site and Content and all data, information, and material submitted, uploaded, or transmitted to, or downloaded or copied from the Site. Further, User is solely responsible for accessing, uploading information, downloading, and using the Site and Content in compliance with all applicable federal, state, and local laws. Only a User with an NABP-issued unique NABPLAW username and password may download, store electronically, or print copies of NABPLAW abstracts or content.

Any Content that User accesses, copies, downloads, uploads, or uses is done so at User’s risk and User assumes sole responsibility for any decisions made based upon the Content and any damage or harm to User’s computer, computer system(s), phone, or device due to use of the Content.

User acknowledges and agrees to use the Site and its Content in a lawful manner and in accordance with the terms of this Statement. User is strictly prohibited from engaging in unlawful, objectionable, or malicious conduct or activities related to the Site, its Content, or its servers, which include, but are not limited to, the transmission or distribution of viruses, computer worms, malware, Trojan horses, malicious code, denial of service attacks, unsolicited commercial e-mail, or the like; the unauthorized entry to any server, machine or device accessible via the Site; the unauthorized access, submission, or transmission of data or material protected by a proprietary right of NABP or another party; or the submission of harmful, obscene, sexual, threatening, harassing, defamatory, unlawful, or otherwise objectionable information, material, or communications. If User engages in prohibited conduct, activities, uses, transmissions, or submissions, or otherwise causes any technical disruption of the Site or the services or device(s) transmitting the Site to User, User shall be responsible for all NABP and third-party claims, losses, liabilities, and costs, including reasonable attorneys’ fees, arising from any and all such User conduct, activities, uses, transmissions, or submissions.

Disclaimers and Limitations

NABP offers the Site and its Content “as is.” To the fullest extent permitted by law, NABP disclaims all warranties regarding the Site and the Content, whether expressed or implied, including, but not limited to, any warranty as to the quality, accuracy, sufficiency, currency, reliability, non-infringement, merchantability, functionality, or suitability of the Site or the Content for any particular purpose. Further, User agrees that NABP and its members, directors, officers, employees, contractors, authorized representatives, affiliates, and assigns (collectively “Affiliates” or “AFFILIATES”) shall have no liability or responsibility for any damages, losses, costs, or expenses, regardless of the cause of action, which may arise, directly or indirectly, based upon the performance of the Site or User’s access to or copying, uploading, downloading, or use of the Site, the Content or the server(s) that makes the Site or Content available.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, NABP, ITS AFFILIATES, AND/OR ANY PARTY INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THE SITE OR CONTENT ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER’S DOWNLOAD, ACCESS TO, OR USE OF THE SITE, SITE FUNCTIONALITY, OR CONTENT, OR USER’S ACCESS TO, PURCHASE, USE, OR DOWNLOAD OF ANY THIRD PARTY PRODUCTS, MATERIALS, OR SERVICES RELATED TO THE SITE.

NABP, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT ARE NOT RESPONSIBLE FOR ANY DAMAGE RESULTING FROM A  PARTY’S UNAUTHORIZED ACCESS OR USE OF THE SITE OR CONTENT, OR NABP’S OR OTHER PARTIES’ TRANSMISSION FACILITIES, PREMISES, OR EQUIPMENT IN CONNECTION WITH THE SITE.

NABP, ITS AFFILATES, LICENSORS, SUPPLIERS, AND ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT ARE  NOT RESPONSIBLE FOR  NETWORKS, SYSTEMS, APPLICATIONS, DATA,SOFTWARE,  PROGRAMS, PROCEDURES, OR INFORMATION DAMAGE, ALTERATION, THEFT, LOSS, OR DESTRUCTION ARISING FROM ACCIDENT, MISCONDUCT, UNAUTHORIZED OR FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD UNLESS SUCH DAMAGE OR LOSS IS CAUSED BY AN INTENTIONAL ACT OF NABP, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF NABP, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If applicable federal, state, or local law does not permit the limitation or exclusion of liability or incidental or consequential damages as stated herein, then such limitations or exclusions shall be considered modified but only to the extent necessary to comply with applicable law. In no event shall NABP’s total liability to User, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, exceed the amount paid by User, if any, for accessing or using the Site or Content.

Third Party Internet Sites

The Site may include information about or links to other Internet sites maintained by third parties. NABPLAW may be hosted on or the App may be downloaded from a third-party site by using third-party resources including, without limitation, software, data, methods, or instructions. Unless otherwise noted, no endorsement of these third-party sites, their software, policies, methods, or content is intended or made based upon NABP’s inclusion of information or links on the Site or NABP engaging a third party to host NABPLAW or offer  the App. NABP and its members, directors, officers, employees, authorized representatives, and affiliates disclaim all responsibility and liability for these third-party sites, their software, policies, methods, and content, including without limitation their products, services, quality, accuracy, sufficiency, proper functioning, and compliance with law. Further, NABP and its members, directors, officers, employees, authorized representatives, and affiliates are not liable for any claim, loss, or damage arising from User’s download of the App from a third-party site, use of or reliance on the content of these third-party sites, use of these sites, purchase or use of any products or services offered on these sites, or linking to such sites from the Site.

Proprietary Information

The Site and  Content are proprietary and include copyrighted materials, trademarks, and intellectual property that are owned or used with permission by NABP or that are owned or used with permission by third parties. User may use Content on the Site for User’s non-commercial personal use only. Any other use, copying, publication, transmission, display, downloading, or distribution of any portion of the  Content is strictly prohibited without the prior written consent of NABP and/or the owner of any non-NABP copyrighted, trademarked, or proprietary Content.

Linking to the Site

Users and others who wish to establish a hyperlink to the Website may do so only upon the prior written approval of NABP. To request such approval, please complete our linking request form.

Monitoring of the Site

NABP may choose to monitor any area of the Website or use of the App or NABPLAW and may use or disclose any User information, data, or communications of any kind (i) to satisfy any law or regulation; (ii) to satisfy any administrative, judicial, regulatory, law enforcement, or government request or process; (iii) to protect or defend NABP’s rights or property or the rights or property of Affiliates, vendors, licensees, licensors, other Users, or the like; (iv) if NABP believes in good faith that the User is engaging in conduct that violates state or federal law; or (v) as otherwise specifically set forth in NABP’s policies, applications, registration forms, agreements, subscriptions, contracts, correspondences, terms, or the like.

Confirmation Numbers and Passwords

User agrees to maintain the security and confidentiality of each, username, password, identifier, verification number, confirmation number, and device that NABP may provide or that User may use in connection with the Site. User agrees to immediately notify NABP if a breach in such security or confidentiality is suspected or has occurred. User assumes all responsibility for any uses, submissions, or activities occurring under such confirmation number, username, password, identifier, verification number, confirmation number, or device.

NABP Remedies

In the event that User fails to adhere to the terms of this Statement, NABP may elect to pursue any and all available remedies that it deems appropriate at any time and in its sole discretion including, but not limited to, suspension or termination of User’s access to or use of the Site, injunctive relief, monetary damages, or referral of matters to law enforcement, governmental, or regulatory authorities for further handling.

Miscellaneous

This Statement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law. If any provision of this Statement is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Statement and shall not affect the validity and enforceability of any remaining provisions. Headings are included in this Statement for reference purposes only and are not binding on NABP.

Last updated: November 1, 2019


Subscription Plan Policy

User acknowledges that the terms and conditions of this National Association of Boards of Pharmacy® (NABP®) and National Association of Boards of Pharmacy Foundation® (NABPF®) (collectively “NABP”) Subscription Plan Policy (“Policy”) apply to any person or entity (“User”, “they”, or “their”) purchasing or using a CPE Monitor Plus or a NABPLAW subscription plan (“Subscription”). User acknowledges that in the sole discretion of NABP, NABP may revise the terms and conditions of this Policy, at any time or for any reason, with or without notice. If User does not agree with this Policy, or any revisions to this Policy following posting of such revisions on the NABP Website or mobile application, then User agrees to cease using the Subscription immediately. User agrees to periodically review the Policy terms and conditions to be aware of such revisions or additions.
User is responsible for their access and use of the Subscription and agrees to do so in compliance with all applicable federal, state, and local laws.

1. Overview of Subscription Plans and Payments

Subscriber will be charged then applicable fee for the entire Subscription term at the time of the Subscription purchase and each time the Subscription renews. NABP may use a third-party to process User’s payments. Applicable taxes, regulatory surcharges, and assessments, if any, may be charged to the User.

CPE Monitor

NABP offers two Subscription terms through the NABP website or the Android e-profile mobile app: one-year and two-years. The Subscription purchased through the Apple App Store is a one-year subscription which will renew automatically.

The Subscription purchased through either the NABP e-Profile mobile app or Apple App Store is billed in one payment for the applicable Subscription term. For example, if the User purchases a two-year Subscription, User will be charged the then applicable fee for the entire two-year Subscription at the time of the purchase and each time the Subscription renews.

NABPLAW

NABP offers two Subscription types: individual and organization.  Both Subscription types are available only for one-year terms. At the end of the term, the Subscription will terminate. If the User desires to continue receiving NABPLAW services, User will need to renew the Subscription through the NABP e-Profile.

2. Device Requirements

CPE Monitor

To use the Subscription, User’s smartphone or other device must satisfy certain system requirements  listed below.

NABPLaw

NABPLAW  is accessible through the following Web browsers:

3. Refund Policy

User hereby acknowledges and agrees that NABP does not refund any fees or charges related to User’s purchase of any Subscription. This includes any partially used or unused Subscription for which User has already paid. Upon any cancellation of the Subscription, User will not be issued a refund, prorated or otherwise, for any Subscription fees User paid.

Please note: If User purchases a CPE Monitor Subscription through the Apple App Store, the sale is final, and NABP will not provide a refund. User’s purchase will be subject to Apple’s applicable payment policy, which may not provide for refunds. Please contact Apple Support for assistance.

4. Tax Responsibility

Depending on User’s jurisdiction, the stated Subscription price may be exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments (collectively, “Taxes”). User is responsible for and bears Taxes associated with its purchase of, payment for, access to, or use of the Subscription. Charges are inclusive of applicable Taxes where required by law. NABP’s and User’s obligations under this section shall survive the termination or expiration of the Subscription.

5. Apple App Store Subscriptions

CPE Monitor

Subscriptions purchased through the Apple App Store will be charged through User’s Apple account and renew automatically through User’s Apple account.  Automatic renewals will be subject to Apple’s applicable automatic renewal policy. User can turn off automatic renewal in User’s Apple account settings. Please contact Apple Support for assistance.

NABPLaw

NABPLAW may be purchased only through the NABP e-profile.  It is not available through the Apple App Store.

6. Subscription and Pricing Change Policy

NABP reserves the right to change Subscription plans, adjust pricing, or any components thereof in any manner and at any time as NABP may determine in its sole discretion.  If the Subscription fee increases, NABP will notify User. If the Subscription plans, pricing, or any components change during the User’s current Subscription plan, the change will be applied at User’s next Subscription renewal. NABP is not responsible for notifying User of changes to any applicable taxes.

7. Payment Information and Credit Card Billing

By providing payment information to NABP, User agrees that the payment information is valid and (1) in User’s name or (2) in the name of an individual who has authorized User to use their payment information for User’s Subscription purchase. Credit card payments are processed by NABP’s third-party payment processor and NABP will automatically charge User’s credit card for the cost of the Subscription and any applicable taxes. If User purchases a Subscription and NABP is unable to process the User’s transaction or if the User disputes the credit card charge for the Subscription, or otherwise declines to pay for the Subscription, NABP reserves the right to decline to provide the Subscription, CPE Monitor Plus services, NABPLAW services, or future services, until NABP receives the correct payment. NABP may also notify one or more boards of pharmacy if User failed to pay for any Subscription-related services that NABP provided. User will be responsible for paying all past due amounts.

8. CPE Monitor Promotion and Discount Codes

Any promotion code or offer (including any special discount pricing options) provided by NABP may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Subscription, except where expressly stated otherwise. Previous users of the Subscription do not qualify as new users. No promotion code or discount will apply to corporate or other group subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the Subscription, and any renewals fees will be charged in the amount in effect at the time of renewal for the type of Subscription purchased.

9. NABPLAW Usage Audit

Over the years, NABP is aware of NABPLAW Users sharing with unauthorized users their username and passwords, accordingly, NABP reserves the right to audit NABPLAW User’s and Subscribers compliance with this Subscription Plan Policy and the Terms of Use.

Effective November 1, 2019


NABP Biometric Information Policy

Last Updated: April 21, 2020

The National Association of Boards of Pharmacy® (NABP®) owns, develops, and administers various examinations, including the North American Pharmacist Licensure Examination (NAPLEX®), the Multistate Pharmacy Jurisprudence Examination® (MPJE®), and Foreign Pharmacy Graduate Equivalency Examination®. Boards of pharmacy of the United States use two or more of these examinations to determine if a candidate has met the educational requirements for pharmacist licensure. Because an individual may attempt to engage in fraud on one or more of NABP’s examinations, the Association takes significant steps to help ensure the security and integrity of its examinations.

A key NABP security measure addresses accurately identifying examination candidates to help detect and prevent examination fraud across Association exams. Examination fraud includes, without limitation, individuals who take, or attempt to take, an examination for another individual or who take an examination without NABP or board of pharmacy authorization (for example, to access or memorize test questions for disclosure or sale to others). Palm vein scanning technology is used by NABP and the NABP test administration vendor, Pearson VUE and its contractors, as one method to deter and detect examination fraud. The purpose of this policy is to comply with applicable law and inform NABP examination candidates how palm vein scans are collected, retained, and permanently destroyed in accordance with applicable law.

Notice & Consent

NABP provides information about the collection of palm vein scans in its candidate application bulletins for NABP examinations and in this policy. When candidates arrive at the Pearson VUE testing center to check-in for an NABP examination, they are provided with information about the collection of palm vein scanning and are asked to read and sign an agreement consenting to the collection of their palm vein scan.

Collection

After candidates sign the consent agreement, the examination check-in process at the Pearson VUE testing center includes the collection of candidates’ palm vein scans. Candidates place their hand on a device containing a sensor with palm vein technology. This device scans veins in each candidate’s palm using a safe near-infrared light source like that in a television remote control. Each time a candidate takes a break from the examination, their palm is scanned when returning to the testing room and the results are compared to the candidate’s original scan to verify their identity. When a candidate takes an NABP examination at a later date, one or more palm vein scans are collected from the individual and are subject to comparison with the original scan and other candidate palm vein scans. After a candidate finishes taking an NABP examination, the test results and palm vein scans are sent to Pearson VUE via encrypted transmission, are securely stored, and palm vein scans are disposed of as described in this policy.

Purpose and Use

The purpose for collecting an individual’s palm vein scan is to detect and prevent fraud in connection with NABP examinations. An initial palm vein scan is collected by Pearson VUE to create a template for that individual and compare it to one or more palm vein scans that are collected 1) during the same testing session (eg, when an individual returns to the testing room after a break) and 2) when administering subsequent examinations (eg, an individual who re-takes an examination after previously failing, or an individual who passed the NAPLEX and who later takes the MPJE test as may be required for pharmacist licensure). NABP may perform comparisons among a candidate’s palm vein scans that are collected after the original scan or may compare a candidate’s palm vein scans to those of other candidates to identify individuals who may have tested under multiple names or identities. NABP may use palm vein scans to protect or defend NABP’s rights, property, staff, or members, or the rights, property, or safety of others to the greatest extent permitted under applicable law.

Retention and Destruction

Palm vein scans and information based on or derived from the scans are retained for three years after the candidate successfully passes the FPGEE, NAPLEX, or MPJE examination or three years after the candidate’s last interaction with NABP, whichever occurs first, unless otherwise required or permitted by law. Palm vein scans and information based upon or derived from the scans are permanently destroyed following expiration of the applicable retention period described in this policy.

Disclosure

Pearson VUE, its contractors, and NABP do not sell, lease, trade, or profit from palm vein scans or information based on or derived from these scans.

Pearson VUE, its contractors, and NABP do not disclose, redisclose, or disseminate palm vein scans or information based on or derived from these scans unless an individual consents to disclosure or redisclosure; disclosure or redisclosure is required by state or federal law or municipal ordinance; or disclosure or redisclosure is required by valid warrant or subpoena issued by a court of competent jurisdiction.

Storage and Transmission

Pearson VUE and/or its contractors store, transmit, and protect from disclosure palm vein scans and related data using a reasonable standard of care within the industry, but in no event in a manner that is less protective than how Pearson VUE or its contractors store, transmit, or protect from disclosure its other confidential or sensitive information.

NABP does not receive, store, or transmit palm vein scans or related data except if there is an issue or concern about candidate-involved examination fraud as described in this policy. If such an issue or concern arises, NABP may receive, store, or transmit palm vein scans or related data, in which case NABP will protect the scans and related data from disclosure using a reasonable standard of care within the industry, but in no event in a manner that is less protective than how NABP stores, transmits, or protects from disclosure its other confidential or sensitive information.

Policy Statement

NABP may revise this policy from time to time. If any provision of this policy is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this policy and shall not affect the validity and enforceability of any remaining provisions. Headings included in this policy are for reference purposes only.