Terms and Conditions

Last Updated: September 1, 2025

Introduction

Welcome to the Council on Pharmacy Standards (“CPS,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “User,” “Applicant,” “Candidate,” or “Certificant”) and CPS, governing your access to and use of our website, www.pharmacystandards.org (the “Site”), and all related services, including but not limited to our application portal, examination systems, certification programs, and all associated content and materials (collectively, the “Services”).

By accessing the Site, creating an account, submitting an application, or using any of our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as all other operating rules, policies, and procedures that we may publish from time to time on the Site, including our Privacy Notice, Candidate Code of Conduct, and other program-specific policies, each of which is incorporated by reference into these Terms.

If you do not agree to all of these Terms, you are not authorized to access or use the Site or any of our Services. Please read these Terms carefully.

1.0 Definitions

• “Account” refers to the secure, personal online profile created by a User to access certain features of the Services, such as the application and certification management portal.

• “Applicant” refers to an individual who has initiated the process of applying for a CPS certification but has not yet been deemed eligible.

• “Candidate” refers to an individual whose application has been approved by CPS and who is eligible to schedule and sit for a certification examination.

• “Certificant” refers to an individual who has successfully passed a CPS examination and holds an active, valid CPS credential in good standing.

• “Confidential Information” includes, but is not limited to, all examination content (questions, answers, scenarios, scoring keys), application data, psychometric data, security protocols, and any non-public business information related to CPS operations.

• “Content” means all text, graphics, images, software, audio, video, information, and other materials available on or through the Site and Services.

• “CPS Content” means all Content that is not User Content, including all Intellectual Property Rights therein.

• “Services” refers to the Site, our certification programs, examinations, application processes, and all related Content and functionalities.

• “User Content” means all Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Site or Services.

2.0 User Accounts and Responsibilities

2.1 Account Creation: To access certain Services, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security: You are solely responsible for safeguarding your Account password and for any and all activities or actions that occur under your Account, whether or not you have authorized such activities. You agree to notify CPS immediately of any unauthorized use of your Account or any other breach of security. CPS cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2.3 Account Termination: CPS reserves the right to suspend or terminate your Account and your access to the Services at our sole discretion, without notice or liability to you, if you violate these Terms, or for any other reason, including inactivity.

3.0 Certification Program: Eligibility and Application

3.1 Eligibility Criteria: All eligibility requirements for each certification program are published on the Site. It is your responsibility to review and ensure you meet all requirements before submitting an application.

3.2 Application Process: You must provide truthful, accurate, and complete information in your application. The submission of any false, misleading, or incomplete information is a violation of the Candidate Code of Conduct and will result in the immediate rejection of your application, forfeiture of all fees, and may lead to permanent ineligibility for all CPS certifications.

3.3 Verification and Determination: CPS reserves the right, in its sole discretion, to verify any information you provide and to determine your eligibility. We may require additional documentation to complete this verification. A determination of ineligibility is an Adverse Decision subject to the Complaints & Appeals Policy.

4.0 Fees and Payment

4.1 General: You agree to pay all applicable fees for the Services you select, such as application fees, examination fees, recertification fees, and any other associated charges. All fees are stated in U.S. Dollars (USD).

4.2 Payment Authorization: You authorize CPS and its third-party payment processors to charge your chosen payment method for all fees incurred. You are responsible for providing valid and current payment information.

4.3 Non-Refundability of Fees: All fees paid to CPS are final and non-refundable, unless otherwise explicitly stated in a specific policy. This includes, but is not limited to:

• Application fees, which are non-refundable regardless of the final eligibility determination.

• Examination fees, which are non-refundable once an examination is scheduled, except under specific, documented circumstances outlined in the cancellation policy.

• Reschedule and cancellation fees.

• Appeal processing fees, which are only refunded if the appeal is successful.

4.4 Fee Changes: CPS reserves the right to change its fees at any time. Any fee changes will be posted on the Site and will not apply retroactively to fees already paid.

5.0 Examinations

5.1 Scheduling and Administration: All examinations are administered via live remote proctoring. You are responsible for scheduling your own examination appointment through the designated portal.

5.2 Technical and Environmental Requirements: You are solely responsible for ensuring that your computer, internet connection, and testing environment comply with the Technical Access & Performance Policy. By scheduling an exam, you acknowledge and agree that failure to meet these requirements, resulting in an inability to start or complete your exam, will lead to the forfeiture of your entire examination fee.

5.3 Proctoring and Monitoring: All examination sessions are monitored and recorded by a live proctor. By scheduling and taking an examination, you expressly consent to being monitored and recorded (both video and audio) for the purposes of identity verification, security, and ensuring the integrity of the examination process. The proctor has the final authority to terminate an examination session due to non-compliance with testing rules or environmental requirements.

5.4 Examination Misconduct: All Candidates are bound by the Candidate Code of Conduct. Any form of misconduct, including but not limited to cheating, sharing confidential information, or disruptive behavior, is strictly prohibited. Any suspected misconduct will be investigated and may result in the invalidation of your examination score, revocation of any existing certifications, permanent ineligibility for future certifications, and potential legal action.

6.0 Certification, Recertification, and Disciplinary Action

6.1 Scoring and Certification Grant: Examination scores are determined by established psychometric procedures. Scores are final and are not subject to appeal. Certification is granted only upon successful completion of all requirements, including passing the examination and agreeing to all CPS policies.

6.2 Recertification: Certificants are solely responsible for maintaining their certification by meeting all recertification requirements and paying all associated fees by the specified deadlines. Failure to do so will result in the expiration of the credential.

6.3 Disciplinary Action and Revocation: CPS reserves the right to take disciplinary action, up to and including the permanent revocation of any and all certifications, for violations of these Terms or any other CPS policy, including the Candidate Code of Conduct. Grounds for revocation include, but are not limited to, falsification of information, examination misconduct, ethical violations in professional practice, or failure to comply with recertification requirements. Disciplinary actions are considered Adverse Decisions and are subject to the Complaints & Appeals Policy.

7.0 Intellectual Property Rights

7.1 CPS Content: The Services, including the Site, all CPS Content, and the underlying technology, are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge that all right, title, and interest in and to the Services and CPS Content are and will remain the exclusive property of CPS and its licensors.

7.2 Examination Content: All examination content is the confidential, proprietary, and copyrighted intellectual property of CPS. It is made available to you solely for the purpose of your personal assessment. Any unauthorized disclosure, reproduction, distribution, or creation of derivative works from any part of the examination content is a direct violation of these Terms and U.S. copyright law and will be prosecuted to the fullest extent of the law.

7.3 Limited License: CPS grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes, contingent upon your compliance with these Terms.

7.4 Use of Certification Marks: Certificants in good standing are granted a limited license to use the specific certification marks (e.g., logos, acronyms) designated for their credential, in accordance with the CPS mark usage guidelines. This license is immediately and automatically revoked upon the expiration, suspension, or revocation of the certification.

8.0 Website and Content Use

8.1 Prohibited Conduct: You agree not to use the Site or Services to:

• Violate any applicable law or regulation.

• Infringe upon the intellectual property or other rights of CPS or any third party.

• Transmit any virus, malware, or other malicious code.

• Attempt to gain unauthorized access to any system, data, or account.

• Engage in any activity that is fraudulent, abusive, or harmful.

9.0 Disclaimers

THE SERVICES AND ALL CPS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CPS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CPS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

10.0 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL CPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CPS AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO CPS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

11.0 Indemnification

You agree to defend, indemnify, and hold harmless CPS and its officers, directors, employees, volunteers, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your violation of these Terms, or (iii) your violation of any third-party right, including without limitation any intellectual property right or privacy right.

12.0 Governing Law and Dispute Resolution

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

12.2 Dispute Resolution; Mandatory Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, or other intellectual property rights.

12.3 Class Action Waiver: YOU AND CPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.0 General Provisions

13.1 Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between CPS and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements.

13.2 Changes to Terms: CPS reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the new Terms.

13.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

13.4 No Waiver: The failure of CPS to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

13.5 Contact Information: If you have any questions about these Terms, please contact us at legal@pharmacystandards.org.