Terms and Conditions

TERMS OF USE

This web site located at http://customerportal.mckesson.com and related web pages ("Site") is provided by McKesson Corporation and its affiliates (referred to as "we", "us" or "company"). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE CHECKING THE [I ACCEPT] BUTTON AT THE BOTTOM OF THESE TERMS AND CONDITIONS AND PROCEEDING TO USE THE FEATURES AND FUNCTIONALITY OF THE SERVICES MADE AVAILABLE VIA THE SITE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE THE SERVICES MADE AVAILABLE VIA THE SITE. Portions of this Site are only available to registered users who are customers of the Company. You will not be able to access all functionality of the Site unless you are a registered user of a customer.

This Site is made available to provide information regarding Company products and services, including without limitation product demonstrations, and to facilitate information sharing between users of the Company products and services.

Certain information made available via the Site may be provided from registered users. Company does not have any obligation to verify the background or credentials of any registered user or the accuracy of information, reference materials, advice or other User Content provided by any user. Company undertakes to provide accurate and up-to-date information on the Site for the portions of the content provided by the Company. However, You understand and agree that information contained on this Site is subject to change and the Site is provided "AS-IS". YOUR USE OF THE INFORMATION AND USER CONTENT MADE AVAILABLE VIA THE SITE IS AT YOUR OWN RISK. DO NOT RELY ON THE ADVICE OR INFORMATION MADE AVAILABLE VIA THE SITE IN DIAGNOSIS OR TREATMENT OF ANY INDIVIDUAL OR FORMULATION OF ANY HEALTHCARE ADVICE. The information on this Site should not be relied upon as medical advice. Company shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any health care treatment decisions or diagnostic decisions made based on such information. Further, this Site is not intended to replace the standard documentation review process. Please be aware additional implementation documentation may exist, and loading any software without reviewing all documentation could result in undesirable results.

In order to view and submit content to the Site you will be required to register as a user of the Site by completing the online registration application. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete by contacting us at customerportal@mckesson.com. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Each individual may maintain only one registered user account. Company reserves the right to verify any information you submit as Registration Data.

As a registered user, you will have login information, including user names and passwords to access certain functionality of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You will not allow others to use the login information. You will notify us of any breach in secrecy of your login information and ensure that you logout of your account at the end of each session. You agree to immediately notify Company by e-mail to customerportal@mckesson.com of any potential breaches of secrecy of the login information and of the departure of any employee with access to the login information.

Intellectual Property Rights Notice.

Except for the User Content you submit, all of the content you see and hear on the Site, including for example all images, logos, illustrations, graphics, audio clips and text, represents valuable proprietary and intellectual property of other users, the Company or its licensors. Such content and information is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any such content and information. Any attempt to download, print, publish or maintain a significant portion of content or information from the Site, to distribute copies of such information or content, or to otherwise exploit the information or content in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms of Use.

Confidentiality.

The Site includes non-public proprietary information of Company. You agree not to disclose such information to third parties or to use such information for any purpose other than to evaluate the products and services of Company or to use the products and services you purchased from Company. This obligation will continue during the term your registered user account is active with Company, and for three (3) years thereafter. This obligation does not apply to information that: (i) is generally available to the public through means other than a breach of this Agreement by you; (ii) you can demonstrate such information was in your possession prior to the time of disclosure by the Company; (iii) the information becomes available to you from a third party which is not legally prohibited from disclosing such information; (iv) you can demonstrate the information was developed by or for you independently without the use of such information.

User Provided Content.

As a registered user of the Site, you may be allowed to submit content, including images, text, multimedia documents, links and other content enable by the Site from time to time ("User Content"). Unless portions of the site expressly state information will not be made available to other users, any User Content submitted to the Site will be made available to other users of the Site. Do not submit User Content if you do not want other users to have access to it. You may designate User Content as private, although Company reserves the right to limit the amount of User Content designated as private and the duration of time it may be retained by the Site.

While you retain all ownership rights in and to the User Content, by submitting User Content to the Site, you grant Company the non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You warrant you have all rights necessary or appropriate to disclose such User Content and post it to the Site, and that submitting the User Content will not violate the rights of any third party, including without limitation any proprietary or privacy rights.

You agree you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, without permission of the owner of such rights. DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION OR PERSONAL HEALTH INFORMATION IN VIOLATION OF ANY APPLICABLE LAW. OBTAIN PATIENT AUTHORIZATION PRIOR TO SUBMISSION OF PATIENT INFORMATION THAT MAY BE IDENTIFIABLE.

Use Of The Site Generally.

You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the proceeding sentence and by way of example, You agree that you will not:

  • post identifiable patient information (as images or text) to publicly viewable areas or otherwise violate local and federal privacy protection regulations.
  • collect or store personal data about other users
  • Threaten, harass, "stalk", abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortuous, indecent, unlawful, immoral or otherwise objectionable material or information;
  • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
  • Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;
  • Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise);
  • Upload, post or otherwise transmit, display, disclose or publish any patient records without utilizing reasonable precautions to remove any and all identifiable traits to de-identify the information or image in accordance with the applicable federal regulations governing de-identification of protected health information.
  • Upload, post or otherwise transmit, display, disclose or publish any patient information without obtaining a patient's prior written authorization which shall be retained for at least ten (10) years or as required by your state law, but no less than six (6) years;
  • Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • You agree not to link, "frame" or "mirror" any content or information contained on or accessible from the Site through use of your login information without the prior written approval of the Company or its licensors, as may be appropriate.

You agree to:

  • Comply with all notices, instructions and rules posted on the Site; and
  • Implement all Internet access and all security procedures required to use the Site at the sole expense of You.
  • Take any and all applicable administrative, physical and technical safeguards to protect the security of the electronic exchange of patient information as set forth by federal regulations.

Downloading Software

By downloading any software product(s) from this site, you acknowledge and agree that the license granted to you for the downloaded software product(s) shall be governed by the applicable terms and conditions of your existing license agreement with us (the "License Agreement"), including any restrictions on the use or dissemination of any software, whether or not such restrictions are referenced in the Agreement. If you do not agree to these terms, you are not authorized to download the software product(s). You further acknowledge and agree that you will download or access only those software products for which you have obtained a valid software license.

Use and Storage Of User Content.

From time to time, Company may establish general practices and limits concerning use of the Site without notice to you. These general practices and limits may include, without limitation, the maximum number of days that User Content will be retained by the Site, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site or any change in these policies.

Indemnity.

You agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees, fines, penalties, and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.

Disclaimers.

The information provided by Company is provided for informational purposes only and does not act as a warranty or guaranty. THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Site is comprised of information and materials submitted by various individuals who use the Site. Company does not endorse, recommend or guaranty any User Content or any opinion, recommendation or advice expressed therein and Company expressly disclaims any and all liability in connection with any content made available via the Site, including without limitation User Content. The Company assumes no responsibility for the accuracy, timeliness, deletion, mis-delivery of information or failure to store any user communications or personalization settings.

Limitations.

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR ANY CONTENT OR INFORMATION ASSOCIATED THEREWITH, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.

Third Party Content and Links.

From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.

Special Admonitions For International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, personal health information and the content made available via the Site or the Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Use Of The Site Not For Resale.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of or access to the Site or any content or materials made available thereon.

Additional Features.

Additional terms and conditions may apply for your use of certain features of the Site, such as the purchase of products or services. Some of the features or functionality of the Site may require you to have third party software installed on the equipment you use to access the Site. You are solely responsible to obtain and maintain all rights and licenses to third party software and equipment necessary to utilize such features and functionality.

Suspension and Termination of a Registered User Account.

Company spends valuable resources to provide the Site, and your access and use of the Site is a privilege and not a right. Company, in its sole discretion, may suspend or terminate access of any registered user, for any reason, including, without limitation, for lack of use, termination of your customer relationship with Company or if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, including without limitation allowing third parties to use or access the Site using your login information. Although Company has no obligation to monitor the User Content, Company reserves the right to log off accounts that are inactive for an extended period of time. Company reserves the right to determine whether User Content is appropriate.

In its sole discretion, Company may remove and discard any User Content or other content, in whole or in part, within the Site for violation of these Terms of Service, including removal of any information that Company finds to be personally identifiable information, with or without notice. Company reserves the right to discontinue providing the Site with or without notice.

Company may immediately deactivate or delete your account and all related information and files related to any registered user account and/or bar any further access to such files or the Site. You agree that Company shall not be liable to you or any third-party for any termination of your access to the Site.

Modifications.

These Terms of Use may change. The Company reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Site following any such change constitutes your agreement to be bound by the modified Terms of Use. We encourage you to review these Terms of Use prior to your use of the Site.

Miscellaneous.

In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of Georgia, United States of America.

Electronic Contracting.

By checking the [I Accept] box below, you agree to transact business with the Company electronically. Your agreement to transact business with the Company electronically applies to all transactions conducted through the Site. You may refuse to transact business with us at any time in the future by notifying us in writing and sending such notice to customerportal@mckesson.com and McKesson Information Solutions LLC, 5995 Windward Parkway, Alpharetta, GA 30307, Attn: General Counsel. You will need to maintain equipment, software and internet access necessary to access and use the features made available via the Site, as well as to request and access any copies of these terms and conditions, the Terms of Use or Privacy Policy. You may request a copy of each of these documents by contacting the Company at customerportal@mckesson.com provided you pay for the costs of copying and delivering the documents to you.

Authority to Accept Terms of Service.

By checking "I Accept", you represent and warrant that you have the authority to accept these Terms of Service on behalf of yourself and any institution you represent, that you are more than 18 years of age, and will abide by and comply with these Terms of Service. If you do not agree with these Terms of Service, do not click I Agree and do not access the Site.