MODIFICATIONS TO SITE
We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services and other materials within the Site (all such materials and any compilation, collection or arrangement thereof, the “Content”). We may modify or remove any Content or otherwise cease making the Site available at any time without notice. DISCONTINUATION OF USE OF THIS SITE IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR ANY OF THE CONTENT.
You understand and agree that we own, or have licensed from third parties, all right, title and interest in and to the Site and all of the Content. You acknowledge and agree that the Content is valuable proprietary information protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries and that you acquire no ownership interest by accessing or using the Site or the Content. These intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress and trade secrets. All such rights are the property of MPCS or its licensors and content providers.
If you believe that any Content constitutes copyright infringement, please follow the steps outlined in our Copyright Policy, incorporated into these Terms.
SUBMISSION OF USER CONTENT
MPCS is not accepting, and does not want users to provide, product reviews or other types of user content via the Site. You acknowledge and understand that by submitting or offering any content to us, including comments, photographs, images, graphics, suggestions, product reviews, ideas, concepts, inventions, or other forms of material or information (each, a “Submission”), you authorize us to make copies thereof as we deem necessary, including, at our discretion, to facilitate the posting and storage of the Submission at our discretion. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to MPCS an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
By making a Submission, you grant us the right, but not the obligation, use the name that you submit in connection with such content, and you waive any right and agree not to assert that any such use infringes or violates your right of privacy, right of publicity or other right. You further represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness and originality thereof.
NON-EXCLUSIVE LICENSE TO ACCESS AND USE
You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark or other laws. We make no representation that the Site or the Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk and are responsible for complying with applicable local laws.
You may not access, use or copy any portion of the Site or of the Content through the use of indexing agents, spiders, scrapers, bots, web crawlers or other automated devices or mechanisms. You agree not to remove or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content. You will not, in any event, reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content except as expressly authorized by us in writing.
RESTRICTIONS ON ACCESS
You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate and complete to the best of your knowledge and belief. MPCS reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including but not limited to, breach of these Terms.
You may not access the Site after your access is terminated without our written approval. After terminating your access, MPCS will retain all rights, including all intellectual property rights, proprietary rights and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, you may not cause or permit any person to do any of the following:
Use the Site or Content for any unlawful purpose;
Use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
Impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
Use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing or otherwise objectionable information of any kind;
Use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; or
Use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or scheme or other unsolicited commercial communication.
Use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content or communication.
We reserve the right to terminate or suspend your account and your access to this Site if we believe, in our sole discretion, that you have violated the user conduct standards set forth herein.
LINKS TO OTHER SITES
If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL “www.mpcs.mckesson.com” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use of the link, may not (or have the potential to) damage or dilute the goodwill associated with MPCS’s names and marks; (5) the link, and use of the link, may not create the false appearance that an entity other than MPCS is associated with or sponsored by MPCS; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) MPCS reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms or through other notice.
THE USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPECIFICALLY, MPCS, ITS SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE AVAILABILITY AND USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, RELEVANT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
As partial consideration for your access to our Site and use of its Content, you agree that in no event will MPCS, its advisers, officers, directors, employees, consultants, contractors, suppliers, content-providers, affiliates and other similar entities, representatives and agents of each of the foregoing, be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in any way connected with: (a) your use of, or reliance on, or the performance of the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; or (c) the defamatory, offensive or illegal conduct of other users of the Site or of third parties. Without limiting any of the foregoing, if MPCS or any of its affiliates is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site or Content or goods or services, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year even if such remedy should fail of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL MPCS OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE OR THE CONTENT, OR PRODUCTS OR SERVICES AVAILABLE ON THE SITE, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of MPCS will be limited in accordance with these Terms to the extent permitted by law.
IN NO EVENT SHALL MPCS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY TYPE ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH PRODUCTS OR SERVICES PURCHASED THROUGH MPCS OR FROM A SUPPLIER OR VENDOR OF MPCS.
To the maximum extent permitted by law, any cause of action or claim with respect to this Site must be commenced within one (1) year after the action or claim arises.
You agree to defend and indemnify MPCS, and our officers, directors, employees, representatives, consultants, agents, affiliates, suppliers and vendors against all claims, demands, suits or other proceedings and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and MPCS; (c) your violation of these Terms; (d) your violation of any rights of any third party; or (e) your website. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
ELECTRONIC AND TELEPHONE COMMUNICATIONS
By providing your residential or wireless phone and/or fax number(s) to us, you expressly consent to receive marketing and non-marketing autodialed and/or pre-recorded calls, text messages and faxes (including faxed advertisements) from us or on our behalf at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. You may revoke your consent at any time by calling us at 1-800-451-6510 or faxing your opt-out request to 1-800-749-0711. You may also send an opt-out request via email to email@example.com with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply.
These Terms will be construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to choice of law rules. Each of you and your Company submits to personal jurisdiction in Virginia, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Allegheny County, PA or the Eastern District of Pennsylvania.
WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
You also agree that all communications that we provide to you electronically, such as notices, agreements, disclosures, consents and other communications, satisfy any legal requirement that such communications be in writing.
Any provisions of these Terms that are intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
These Terms do not confer any rights, remedies or benefits upon any person other than you.
We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
If you believe that any Content constitutes copyright infringement, please follow the steps outlined in our Copyright Policy, which include that the written notice (the “DMCA Notice”) must include substantially the following as required by Title 17 of the United States Code, Section 512(c)(3):
- Your physical or electronic signature (or that of your designated agent).
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is
Colin S. Wright
Intellectual Property Counsel
5995 Windward Parkway
Alpharetta, GA 30005
Phone: (404) 338-6000
Fax: (404) 338-5138
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Questions regarding the Site or these Terms, please contact us at the following address:
McKesson Patient Care Solutions Inc.
540 Lindbergh Drive
Moon Township, PA 15108
Customer Service Department at 1-800-451-6510
BY ACCESSING AND USING THE SITE, OR MAKING ANY PURCHASE VIA THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.