Last Updated: January 2013
Please read the following My Care Plus Patient Portal Registration Agreement ("Agreement") carefully before deciding whether to register for access to the non-public portions of this My Care Plus website ("Portal"), which is provided to you by your health care provider ("Provider") in conjunction with The Oncology Portal LLC, a McKesson Specialty Health business, and its affiliates ("MSH"). The non-public portions of this Portal 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 CLICKING “I AGREE” BELOW, YOU ARE COMPLETING YOUR REGISTRATION FOR ACCESS TO THE PORTAL ON BEHALF OF YOURSELF OR THE INDIVIDUAL PATIENT FOR WHOM YOU ARE THE LEGAL REPRESENTATIVE AND YOU ARE AGREEING, TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH MSH. IF YOU DO NOT AGREE, YOU SHOULD CLICK “I DO NOT AGREE” AND YOU WILL NOT BE PERMITTED TO ACCESS THE PORTAL.
MAKE SURE TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
1. Portal Use
The Portal should never be used for urgent health care matters. If you are experiencing an urgent health matter or otherwise need immediate attention, you should phone your Provider or call 911.
2. Electronic Communications
You understand by signing up to access the Portal, 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 Portal constitutes an "offer" on behalf of MSH or the Provider, but is rather an invitation for you to request to access the Portal to receive the Content and Services. MSH reserves the right to request additional verifications or information before granting any request to access the Portal.
All offers set forth on this Portal are void where prohibited.
Following our receipt of your completed registration request to access the Portal, MSH will send you electronic confirmation of your registration to the e-mail address you provide.
4. Consent and Agreement
You confirm that you have authorized your physician (or the physician of the individual for whom you are the legal representative) to send you the link to register to access the Portal by completing the Patient Portal Activation Request and that you had the legal authority and capacity to execute the Patient Portal Activation Request.
Both MSH and Provider will collect, use and disclose your identifiable health information obtained via the Portal in accordance with the Health Insurance Portability and Accountability Act ("HIPAA") privacy and security rules, meaning on a need-to-know basis within our company in order to operate the Portal. Any third party disclosures will only consist of de-identified information. For certain uses and disclosures of your health information, 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 Names and Access
If your registration is confirmed by MSH, you will be provided with access to the Portal via a user name and password that you select during the registration process. You are responsible for all activity under any user name assigned to your account. You have the sole responsibility for ensuring the confidentiality of the user name and password for your account. You agree to immediately notify MSH of any unauthorized use of your account or any user name assigned to your account and any other breach of security of which you become aware.
Subject to approval of your request for Portal access and your compliance with this Agreement, MSH grants to you a non-exclusive, non-transferable, limited license to access and use the Portal (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 Portal 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 Portal, and (ii) paying all third-party telecommunications or other charges incurred by you while using the Portal.
THE HEALTH INFORMATION MADE AVAILABLE TO YOU ON THIS PORTAL IS YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH RECORDS MAINTAINED BY YOUR PROVIDER AND, IF YOU ELECT TO RECEIVE IT, CERTAIN MATERIALS RELATED TO YOUR TREATMENT 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 PROVIDER.
ANY MSH OR THIRD PARTY CONTENT THAT MAY BE MADE AVAILABLE TO YOU VIA THIS PORTAL, 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 PROVIDER FOR MEDICAL ADVICE. MSH OR ITS VENDORS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER MSH, PROVIDER, 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 My Care Plus website is only a venue for you to access the Portal for the purposes of obtaining the Content, Health Information and Services. Neither MSH nor its vendors is a party to, nor is MSH or its vendors otherwise involved in, any transactions entered into between you and your Provider, even if such transaction occurs via this Portal. Furthermore, neither MSH nor its vendors shall be liable for any dispute that arises between you and the Provider or any third party.
7. Proprietary Ownership
You acknowledge that the Portal 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 Portal are the sole property of the Provider, 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 Portal, Content or Services, or any copyrighted works, trademarks or any other intellectual property except the limited license granted in Section 5 above.
Any feedback, suggestions, solutions, improvements, corrections or other contributions you provide regarding the Content, Services or Portal shall become the sole property of MSH and you agree to assign and hereby assign any and 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. Notwithstanding the above, certain portions of the Portal may eventually permit and facilitate secure communications via the Portal between patients' physicians and other clinicians and administrators participating in your care, which will be kept confidential as required by law.
8. Prohibited Uses
Nothing in this Agreement may be construed as granting you any other right in the Portal outside of the limited license to access the Portal, 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 Portal or any part thereof, or any content or technology contained therein. You may not send unsolicited messages (e.g. spam) through the Portal, 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 Portal, 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 Portal web pages or any content contained on or available through this Portal, including without limitation the Content.
You may not use the Portal (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.
9. Cancellation and Termination
10. No Liability
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PORTAL IS AT YOUR OWN RISK. NEITHER MSH, THE PROVIDER 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 PORTAL OR ACCESS TO ANY CONTENT OR SERVICES.
IN NO EVENT SHALL MSH, THE PROVIDER, 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 PORTAL, CONTENT OR SERVICES, (II) THE USE OR PERFORMANCE OF THIS PORTAL OR ANY LINKED WEBSITE OR ANY CONTENT, SERVICES OR OTHER MATERIAL, SERVICES OR INFORMATION OBTAINED THROUGH THIS PORTAL, OR (III) OTHERWISE ARISING OUT OF THE PORTAL, CONTENT, OR SERVICES OR THE USE OR THE INABILITY TO USE THIS PORTAL, CONTENT OR SERVICES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MSH, THE PROVIDER, 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 PORTAL, CONTENT AND SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF MSH, THE PROVIDER 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 PORTAL, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. MSH, THE PROVIDER, AND THEIR RESPECTIVE VENDORS AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE PORTAL, CONTENT AND SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NONE OF MSH, THE PROVIDER, OR THEIR RESPECTIVE VENDORS AND AFFILIATES MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PORTAL, CONTENT OR SERVICES, (B) ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PORTAL OR (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PORTAL, CONTENT, OR SERVICES. None of MSH, the Provider, or their respective vendors or affiliates shall have any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication.
MSH provides the Portal, 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 Portal. None of MSH, the Provider, or their respective vendors or affiliates shall be liable for any delays, interruptions, suspensions or unavailability of the Portal, or any portion of the Portal, attributable to problems with the Internet or configuration of your computer systems. There is no warranty or guarantee that access or use of the Portal, Content or Services will be uninterrupted or error-free.
No advice or information, whether oral or written, obtained by you from MSH, the Provider or their respective affiliates or vendors in any manner will create any warranty.
12. Your Representations and Warranties
By clicking "I Agree" below, 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 Portal, (v) you will not interfere with a third party's use and enjoyment of the Portal, 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 Portal will be consistent with any and 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 Portal, nor will you transmit any spam, chain letters or other similar communications to other users via the Portal. You will promptly report any violation of this Agreement to MSH.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MSH, THE PROVIDER 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 PORTAL, CONTENT OR SERVICES, YOUR USE OR MISUSE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PORTAL, ANY PORTAL 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 PROVIDER 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 Portal 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 website 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:
McKesson Specialty Health
10101 Woodloch Forest
The Woodlands, TX 77380
Tel: 1-855-887-6788 (toll free)
15. Entire Agreement