Last Updated: May 2019
Please read the following My Care Plus Patient Registration Agreement ("Agreement") carefully before deciding whether to register for access to the My Care Plus services ("Platform"), which is provided to you by your physician’s practice ("Practice") in conjunction with McKesson Specialty Health Technology Products, LLC and its affiliates ("MSH") via the Platform. The Platform will permit you to access certain health-related content ("Content") and your identifiable health information ("Health Information") and other services that may be available from time to time ("Services").
BY ACCEPTING THE AGREEMENT, YOU ARE COMPLETING YOUR REGISTRATION FOR ACCESS TO THE PLATFORM ON BEHALF OF YOURSELF OR THE INDIVIDUAL PATIENT FOR WHOM YOU ARE THE LEGAL REPRESENTATIVE AND YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT WITH MSH. IF YOU DO NOT AGREE, DO NOT ACCEPT THE AGREEMENT, AND YOU WILL NOT BE PERMITTED TO ACCESS THE PLATFORM.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
1. Platform Use
The Platform should never be used for urgent health care matters. If you are experiencing an urgent health matter, or otherwise need immediate attention, you should call your Practice or 911.
2. Electronic Communications
You understand by signing up to access the Platform, you are agreeing to engage in electronic transactions and that electronic agreements and electronic signatures are binding and meet any legal requirements that any document or signature be in writing.
3. Solicitation to Request Access
Nothing on this Platform constitutes an "offer" on behalf of MSH or the Practice, but is rather an invitation for you to request to access the Platform to receive the Content and Services. MSH reserves the right to request additional verifications or information before granting any request to access the Platform.
All offers set forth on this Platform are void where prohibited.
Following our receipt of your completed registration request to access the Platform, MSH will send you electronic confirmation of your registration to the e-mail address you provide.
4. Consent and Agreement
By providing your email address to the Practice, you confirm that you have authorized the Practice (or the Practice of the individual for whom you are the legal representative) to send you the link to register to access the Platform.
Both MSH and the Practice will collect, use and disclose your Health Information obtained via the Platform in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") privacy and security rules, meaning on a need-to-know basis within our company to operate the Platform and for other treatment, payment or health care operations activities of the Practice or MSH. Any third-party disclosures made by MSH will comply with applicable laws and regulations, such as to send you certain communications, you may be asked to execute a separate HIPAA Authorization form for such use and/or disclosure. Your execution of the HIPAA Authorization form permitting such uses and/or disclosures is voluntary.
5. User Identification and Access
If your registration is confirmed by MSH, you will access the Platform via user credentials established during the registration process. You are responsible for all activity under the user credentials associated with your account. You have the sole responsibility for ensuring the confidentiality of user credentials for your account. You agree to immediately notify MSH of any unauthorized use of your account or any user credentials associated with your account and any other breach of security of which you become aware.
Subject to approval of your request for Platform access and your compliance with this Agreement, MSH grants to you a non-exclusive, non-transferable, limited license to access and use the Platform (including the Content and Services) solely for your personal use.
We reserve the right to change, modify, suspend or discontinue any aspect of the Content or Services available, or the Platform in its entirety, at any time without notice.
You acknowledge that you will be responsible for (i) obtaining and maintaining all computer hardware, software and communications equipment necessary to access the Platform, and (ii) paying all third-party data, telecommunications or other charges incurred by you from your telecommunications provider while using the Platform.
The Platform includes certain communications features to facilitate communications with your Practice. The Platform can facilitate secure communications with your Practice. Practice communications via the Platform may become part of your Practice records. The Platform allows users 18 years of age or older to receive autodialed text messages about new messages in their Platform account. By providing your mobile phone number to My Care Plus, you acknowledge that text messages will be sent that may include limited information related to your care. Once you enroll, messages will vary in frequency. Keeping your My Care Plus account up-to-date helps keep your information secure. If your mobile number changes, please update it immediately with both the Practice and My Care Plus. MSH is not liable for any information misdelivered via text that occurs due to a mobile device number change that is not reported to both the Practice and My Care Plus. My Care Plus text messaging is supported by most major cellular network carriers. Messaging and data rates may be charged by your mobile service provider. If you no longer want to receive text messages from My Care Plus, reply STOP or email (email@example.com) for assistance. You will receive a final text confirming the cancellation of text messages from My Care Plus. For additional information on how we use your cell phone number, please visit our Privacy Notice.
THE HEALTH INFORMATION MADE AVAILABLE TO YOU ON THIS PLATFORM IS YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH RECORDS MAINTAINED BY YOUR PRACTICE AND, IF YOU ELECT TO RECEIVE IT, CERTAIN MATERIALS RELATED TO YOUR TREATMENT WILL BE MADE AVAILABLE TO YOU BY MSH AND THIRD PARTIES. YOU ACKNOWLEDGE THAT MSH HAS NO RESPONSIBILITY OR LIABILITY FOR THE HEALTH INFORMATION MAINTAINED BY YOUR PRACTICE.
ANY MSH OR THIRD-PARTY CONTENT THAT MAY BE MADE AVAILABLE TO YOU VIA THIS PLATFORM, AS MAY BE PERMITTED BY LAW, IS IN NO CASE TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, NOR IS IT INTENDED TO BE RELIED UPON BY ANY PERSON OR ENTITY FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. PLEASE CONTACT YOUR PRACTICE FOR MEDICAL ADVICE. MSH AND ITS VENDORS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER MSH, THE PRACTICE, NOR THEIR RESPECTIVE AFFILIATES OR VENDORS GUARANTEES THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.
The Platform is only a venue for you to access the Content, Health Information and Services. Neither MSH nor its vendors are a party to, nor is MSH or its vendors otherwise involved in, any transactions entered into between you and your Practice, even if such transaction occurs via this Platform. Furthermore, neither MSH nor its vendors shall be liable for any dispute that arises between you and the Practice or any third party. MSH has no responsibility or liability for any acts or omissions of your Practice, even if they occur through the Platform.
7. Proprietary Ownership
You acknowledge that the Platform and all Content, and underlying technology, names, logos, text, audio, forms, documents, materials, data, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Platform are the sole property of the Practice, MSH, or its vendors, as applicable, and are protected by copyright, trademark, service mark, trade secret, trade dress, patent and other intellectual property laws, as applicable. You acquire no right, title or interest in the Platform, Content or Services, or any copyrighted works, trademarks or any other intellectual property except the limited license granted in Section 6 above.
Any feedback, suggestions, solutions, improvements, corrections or other contributions you provide regarding the Content, Services or Platform shall become the sole property of MSH and you agree to assign and hereby assign all such rights to MSH without charge. You further agree to take all acts reasonably requested by MSH to confirm MSH's ownership of such items.
8. Prohibited Uses
Nothing in this Agreement may be construed as granting you any other right in the Platform outside of the limited license to access the Platform, Content, Health Information and Services. You may not otherwise use, reproduce, modify, mirror, transmit, display, make, offer to sell, sell, license, decompile, disassemble, reverse engineer, distribute, or create derivative works from the Platform or any part thereof, or any content or technology contained therein. You may not send unsolicited messages (e.g., spam) through the Platform, or post or submit information containing viruses, or any computer programs that result or may result in the damage, interference with or interception or expropriation of this Platform, or any related system, software, hardware, data or other information. You may not use any robot, spider or other automatic device or manual process to monitor or copy the Platform pages or any content contained on or available through this Platform, including without limitation the Content.
You may not use the Platform (i) in an offensive manner towards any individual or person, (ii) for political purposes, (iii) to harm or exploit minors in any way, (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material, (v) in a racially, ethnically or otherwise impermissibly discriminating manner, (vi) to post or reference obscene, pornographic, indecent or illegal materials, (vii) to discuss, incite or otherwise solicit illegal activity, or (viii) in any manner that infringes upon the rights of any individual or other person, including, but not limited to intellectual property, publicity or privacy rights.
MSH may, but shall have no obligation to, access and review all information and data provided by you for compliance with the terms of this Agreement or otherwise as set forth in the applicable Privacy Notice.
9. Cancellation and Termination
10. No Liability
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. NEITHER MSH, THE PRACTICE NOR THEIR RESPECTIVE AFFILIATES, VENDORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE PLATFORM OR ACCESS TO ANY CONTENT OR SERVICES.
IN NO EVENT SHALL MSH, THE PRACTICE, OR ANY OF THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO (I) THE PLATFORM, CONTENT OR SERVICES, (II) THE USE OR PERFORMANCE OF THIS PLATFORM OR ANY LINKED WEBSITE OR ANY CONTENT, SERVICES OR OTHER MATERIAL, SERVICES OR INFORMATION OBTAINED THROUGH THIS PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE PLATFORM, CONTENT, OR SERVICES OR THE USE OR THE INABILITY TO USE THIS PLATFORM, CONTENT OR SERVICES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MSH, THE PRACTICE, OR ANY OF THEIR RESPECTIVE VENDORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM, CONTENT AND SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF MSH, THE PRACTICE AND THEIR AFFILIATES AND VENDORS FOR ANY REASON EXCEED $1,000.00 US DOLLARS, REGARDLESS OF WHETHER THE FOREGOING REMEDIES SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
11. No Warranty
THE PLATFORM, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. MSH, THE PRACTICE AND THEIR RESPECTIVE VENDORS AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE PLATFORM, CONTENT AND SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NONE OF MSH, THE PRACTICE OR THEIR RESPECTIVE VENDORS AND AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, CONTENT OR SERVICES, (B) ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM OR (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PLATFORM, CONTENT OR SERVICES. MSH, the Practice or their respective vendors or affiliates shall not have any responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.
MSH provides the Platform, Content and Services to you through the Internet, which is subject to outages, communication and data flow failures, interruptions and delays inherent in Internet communications. You recognize that problems with the Internet, including equipment, software and network failures, impairments or congestion or the configuration of your computer systems, may prevent, interrupt or delay your access to the Platform. None of MSH, the Practice or their respective vendors or affiliates shall be liable for any delays, interruptions, suspensions or unavailability of the Platform, or any portion of the Platform, attributable to problems with the Internet or configuration of your computer systems. There is no warranty or guarantee that access or use of the Platform, Content or Services will be uninterrupted or error-free.
No advice or information, whether oral or written, obtained by you from MSH, the Practice or their respective affiliates or vendors in any manner will create any warranty.
12. Your Representations and Warranties
By accepting the Agreement, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement with MSH, (iii) the information you have provided to MSH in your registration application is accurate and complete (iv) you will comply with any and all laws applicable to your use of the Platform, (v) you will not interfere with a third party's use and enjoyment of the Platform, and (vi) you will not interfere with or disrupt MSH's or its vendor's security measures. If any information you provide to MSH becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify MSH.
You also represent, warrant and covenant that your use of the Platform will be consistent with all applicable local, state, national, foreign and international laws and regulations, including, but not limited to any applicable export control laws. You will not engage in advertising to or solicitation of any other users of the Platform, nor will you transmit any spam, chain letters or other similar communications to other users via the Platform. You will promptly report any violation of this Agreement to MSH.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MSH, THE PRACTICE AND THEIR RESPECTIVE VENDORS, AFFILIATES, AND THEIR OFFICERS, MEMBERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, SUPPLIERS AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING FROM YOUR USE OR MISUSE OF THE PLATFORM, CONTENT OR SERVICES, YOUR USE OR MISUSE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM, ANY PLATFORM ACTIVITY INVOLVING YOUR USER ID, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION. NOTWITHSTANDING THE FOREGOING, MSH, THE PRACTICE AND THEIR RESPECTIVE VENDORS RESERVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.
14. Interpretation and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the Platform shall be deemed to have been performed and occurred in the State of Texas and the courts of that State shall have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in or with jurisdiction over the State of Texas, and the County of Montgomery, as applicable, and waive any objections as to personal jurisdiction, venue and forum non conveniens.
In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If a court or arbitrator deems any provision of this Agreement unenforceable or invalid, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of this Agreement shall be interpreted and read to give them maximum enforceability. Except as prohibited by applicable law, any cause of action or claim with respect to this Platform must be commenced within one (1) year after the action or claim arises.
Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement.
15. Contacting Us
If you have any other questions or concerns regarding this Agreement, please contact us at:
16. Entire Agreement