Effective Date: August 24, 2011
3. Copyright. The Website may contain proprietary content of McKesson Specialty Health that is protected by copyright and other laws respecting proprietary rights. McKesson Specialty Health retains all rights in the Website, including (without limitation) all copyright and other proprietary rights worldwide in all media. By posting content to the Website, you hereby grant McKesson Specialty Health a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use the content in any form or medium, now or hereafter existing, or in any language, during the full term of the copyright therein and throughout the world without any duty to compensate you.
4. User Name. You must register to have access to weblogs maintained on the Website (“Blogs”). McKesson Specialty Health will use information submitted in the registration process solely for purposes of administering the Blogs, but it reserves the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or subpoenas, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
6. Disclaimer of Medical and Other Professional Advice.
a) McKesson Specialty Health provides business and administrative services to its affiliated practices and other customers discussed on this Website. McKesson Specialty Health does not own any of its affiliated medical practices, nor does it employ physicians, nurses or other clinical personnel engaged in the delivery of patient care at those practices. Decisions regarding patient care are made solely by each patient’s treating physician based on his/her medical judgment.
b) The Website is provided to educate consumers on healthcare and medical issues that may affect their daily lives. The Website does not constitute the practice of any medical, nursing or other professional healthcare advice, diagnosis or treatment. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment or other professional advice. Information provided on Website DOES NOT create a doctor-patient relationship between you and any physician affiliated with The US Oncology Network. You should always consult your own physician, lawyer or other professional advisers for medical, legal or other professional advice.
7. Content and Conduct Rules. You understand that all content posted on a Blog is the sole responsibility of the person from whom such content originated. This means that you, not McKesson Specialty Health or The US Oncology Network, are entirely responsible for all content that you upload, post, transmit, or otherwise make available via a Blog. You represent that you have all rights necessary to post such content without violation of any intellectual property or other rights, laws or regulations.
In using the Website, you agree that you will not:
a) upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including disclosing any address, e-mail, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
b) harvest or collect any information about or regarding other users, including, without limitation, any personal data or information;
c) impersonate any person or entity, including, but not limited to, a McKesson Specialty Health official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, including McKesson Specialty Health, or fail to disclose any paid endorsements or messages sponsored by another person or entity;
d) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e) copy Website content (other than as explicitly permitted under United States copyright laws) or upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
f) cause, permit, or authorize the modification, creation of derivative works of, or translation of the Website content without the express permission of McKesson Specialty Health;
g) remove any proprietary notices from the Website;
h) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
i) use the Website for fraudulent purposes;
j) offer for sale or sell any item, good, or service that (a) violates federal, state or local law, (b) you do not have full power and authority to offer and sell, including all necessary licenses and authorizations, or (c) McKesson Specialty Health determines, in its sole discretion, is inappropriate for sale;
k) upload, post, or transmit unsolicited commercial e-mail or “spam,” including unethical marketing, advertising or any other practice that is in any way connected with “spam,” such as sending mass e-mail to recipients who have not requested e-mail from you or with a fake return address, promoting a site with deceptive or otherwise inappropriate links, titles, descriptions, or promoting a site by posting multiple submissions in public forums that are identical;
l) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
m) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
n) use the Website as a forwarding service to another website;
o) take any steps to interfere with or in any manner compromise any of McKesson Specialty Health’s security measures;
q) sell, assign, rent, lease, act as a service bureau, or grant rights in the Website including, without limitation, through sublicense, to any other person or entity;
r) attempt to decompile, reverse engineer, disassemble, modify, or hack the Website or underlying software, or to defeat or overcome any encryption and/or digital rights management technology implemented by McKesson Specialty Health with respect to the Website and/or data transmitted, processed, or stored by McKesson Specialty Health; or
9. Limitation of Liability.
a) MCKESSON SPECIALTY HEALTH MAKES NO REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE WEBSITE IS PROVIDED “AS IS.” MCKESSON SPECIALTY HEALTH MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. MCKESSON SPECIALTY HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR THE CONTENT IT CONTAINS OR THE METHOD OF DELIVERING THAT INFORMATION TO USERS. MCKESSON SPECIALTY HEALTH MAY LINK TO, OR PROMOTE, WEBSITES OR SERVICES FROM OTHER COMPANIES OR OFFER YOU THE ABILITY TO DOWNLOAD SOFTWARE FROM OTHER COMPANIES. MCKESSON SPECIALTY HEALTH IS NOT RESPONSIBLE FOR, AND DOES NOT CONTROL, THOSE WEB SITES, SERVICES AND SOFTWARE.
MCKESSON SPECIALTY HEALTH DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM WEBSITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN ANY WEBSITE CONTENT, (C) THE UNAVAILABILITY OF THE WEBSITE, (D) ANY USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY WEBSITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) IN NO EVENT SHALL MCKESSON SPECIALTY HEALTH BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF MCKESSON SPECIALTY HEALTH HAS BEEN NOTIFIED OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
c) IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST MCKESSON SPECIALTY HEALTH MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
10. Digital Millennium Copyright Act (DMCA) Notices. McKesson Specialty Health respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Website, please provide the following information in writing to McKesson Specialty Health’s Copyright Agent:
a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
d) information so that we can contact you, such as address, telephone number and e-mail address;
e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Only DMCA notices should be sent to the Copyright Agent. The McKesson Specialty Health Copyright Agent can be reached at:
McKesson Specialty Health
Attention: General Counsel
10101 Woodloch Forest Dr.
The Woodlands, TX 77380
11. Miscellaneous Provisions.
a) Choice of Law. This Agreement shall for all purposes be governed and construed in accordance with the law of Texas without regard to its choice-of-law rules.