My Care Plus Terms of Use

My Care Plus Terms of Use

Last Updated: May 2019

Welcome to the My Care Plus patient portal! My Care Plus is a service offered by McKesson Specialty Health Technology Products LLC ("MSH") via this public website at mycareplusonline.com (“Website”). MSH provides the My Care Plus platform ("Platform") to you for your convenience and to provide you with access to information about your healthcare and available services (“Services”).

Your access to this Website is subject to your agreement with these Terms of Use (including our Privacy Notice). These Terms of Use, together with our Privacy Notice, constitute the agreement between you and MSH regarding use of this Website ("Terms of Use"). You may browse this Website without registering, but if you wish to use the Platform and available Service, you will need to register pursuant to the My Care Plus Patient Registration Agreement ("Patient Registration Agreement") that you agree to during the registration process.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE BELOW. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR REFERENCE.

Practice Agreement

If you are a physician, health care professional, employee, contractor or agent of a health care or medical practice ("Practice") that has entered into a My Care Plus Practice Access Agreement or other agreement regarding the access and use of Platform and available Services ("Practice Agreement") with MSH or one of its affiliates, then these Terms of Use will govern access to the Website but access to the Platform and Services are governed by the Practice Agreement.  In the event of any conflict between these Terms of Use and the Practice Agreement, the Practice Agreement will control.   

Modifications to these Terms of Use

MSH MAY REVISE THESE TERMS OF USE AT ANY TIME. SHOULD ANY REVISIONS BE MADE, MSH WILL GIVE NOTICE TO YOU AND ALL USERS BY POSTING A NOTICE REGARDING THE REVISIONS ON THIS WEBSITE, AND THE NEW REVISIONS WILL BE EFFECTIVE AS OF THE POSTING. BY ACCESSING OR USING THIS WEBSITE, AFTER SUCH REVISIONS ARE POSTED, YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.

No Medical Advice

MSH IS NOT RESPONSIBLE FOR ANY CONTENT THAT A THIRD-PARTY MAY MAKE AVAILABLE OR COMMUNICATE THROUGH THIS WEBSITE.

ANY MSH OR THIRD-PARTY CONTENT MADE AVAILABLE TO YOU ON THIS WEBSITE IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE THAT MSH CONTENT 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. MSH OR ITS VENDORS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER MSH NOR ITS 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.

Website Content and Access

MSH reserves the right, without prior notice, to discontinue any services or content available on this Website, or otherwise change specifications at any time without incurring any obligations to you or any other party.

Privacy Notice

Access to this Website may be monitored from time to time by MSH. If you use this Website, you acknowledge such monitoring and data collection as set forth in our Privacy Notice.

Ownership

The content on this Website, including without limitation the text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations and software, is the property of MSH or its affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on this Website, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Website is also the exclusive property of MSH or its respective affiliates or vendors and is also protected by United States and international intellectual property laws.

Copyright © 2019 McKesson Specialty Health Technology Products LLC. All rights reserved.

MSH or its affiliates are the owner of the trademarks MY CARE PLUS™ and MCKESSON®, among others. Other graphics, logos, button icons, and service names appearing on this Website are also the distinctive and protected trademarks, service marks, or trade names of MSH or its affiliates. This Website may contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

Submissions

Should you send MSH any feedback, such as ideas, comments, and suggestions or questions regarding any MSH product or service (including this Website), such information will not be given confidential treatment. Your submission of such postings, feedback and data effects an assignment to MSH of such material (along with any underlying or related ideas, concepts, techniques and know-how), and you agree to assign and hereby assign all such postings, feedback and data to MSH without charge. As the sole and exclusive owner of such postings, feedback and data, MSH will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any MSH product or service or this Website without compensation to you of any kind.

License to Access

You may view, copy, print and use content contained on this Website solely for your own personal use, provided that: (1) it is used for your internal or personal purposes only; (2) no text, graphics or other content available from this Website is modified or framed in any way; and (3) no graphics available from this Website are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in these Terms of Use is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of MSH or any third party, except as expressly provided in this section.

You may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of this Website or rent or sell use of or access to (such as on a time share or service bureau basis) this Website, or any of the content or materials on this Website. You may not permit third parties to access this Website or use any Website content. You may not make any other use of the Website or any Website content except as set forth in these Terms of Use, unless otherwise expressly agreed to in writing by MSH. You may not harvest or collect information about others, including e-mail addresses.

You agree to use the Website for lawful purposes only. You may not post or transmit through the Website any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) that, without MSH express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the Website will not be permitted.

You understand and agree that MSH may terminate or otherwise deny your access to the Website and without notice in the event MSH believes in its sole discretion that (i) you have violated a provision of these Terms of Use, (ii) you have used or misused the Website in a manner that MSH has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or MSH or if such action is otherwise required by law.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

Third-Party Websites

This Website may contain links to, or be accessed through links on websites managed and operated by or on behalf of third parties (including your physician) or other third-party entities. These third parties are separate and independent entities and are not agents of MSH. MSH does not have control over such third-party websites or the content of such websites. As a result, MSH does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third-party website to which this Website may link or from which this Website may be accessed.

Linking

If you operate another website and are interested in linking to our Website, 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 for the home page for this Website and not to any other pages unless express written consent is given; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with MSH’s or its affiliates’ names, trademarks or services; (5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by MSH or its affiliates; and (6) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website. MSH reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice to you or to approved other forms of linking in writing.

No Endorsements

Reference to any pharmacy, physician, product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by MSH. Any views expressed by third parties on this Website are solely the views of such third party and MSH assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Warranty Disclaimer

THIS WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED "AS IS," "AS AVAILABLE” AND “WITH ALL FAULTS." MSH MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MSH, AND ITS RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE 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.

USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, MSH DOES NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MSH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. NEITHER MSH NOR ITS RESPECTIVE VENDORS, AFFILIATES OR SUPPLIERS IS RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE WEBSITE OR ACCESS TO ANY CONTENT OR SERVICES.

This Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures, as well as routine maintenance. MSH cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, MSH cannot and does not have any liability for such failures.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by MSH on this Website, but MSH is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.

No advice or information from MSH in any manner will create any warranty as to this Website or any product, service or material available through this Website. If for any reason you are not satisfied with this Website or its content, your sole remedy is to cease using this Website or such content, even if such remedy should fail of its essential purpose.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MSH OR ANY OF ITS RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW THE AGGREGATE LIABILITY OF MSH AND ITS AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US DOLLARS, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE FORGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO ANY USE OR DISCLOSURE OF YOUR IDENTIFIABLE HEALTH INFORMATION IN VIOLATION OF APPLICABLE LAW.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MSH AND ITS RESPECTIVE VENDORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE WEBSITE, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF MSH, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION (IV) YOUR VIOLATION OF THESE TERMS of USE, OR (V) ANY CONTENT THAT YOU OR ANYONE USING YOUR ACCOUNT SUBMITS, POSTS OR TRANSMITS TO THE WEBSITE. NOTWITHSTANDING THE FOREGOING, MSH RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

Disputes and Interpretation

THESE TERMS OF USE ARE GOVERNED BY AND INTERPRETED UNDER THE LAWS OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THESE TERMS OF USE AND ACCESS TO THE WEBSITE WILL BE DEEMED TO HAVE BEEN PERFORMED AND OCCURRED IN THE STATE OF TEXAS AND THE COURTS OF THAT STATE WILL HAVE EXCLUSIVE JURISDICTION TO ENTERTAIN ANY ACTION ARISING UNDER THESE TERMS OF USE. YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATED AND FEDERAL COURTS WITH JURISDICTION OVER THE COUNTY OF MONTGOMERY, TEXAS, AS APPLICABLE, AND WAIVE ANY OBJECTIONS AS TO PERSONAL JURISDICTION, VENUE AND FORUM NONCONVENIENS.

In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Except as otherwise 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 these Terms of Use. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

These Terms of Use, along with our Privacy Notice, are the sole terms governing your use and access of this Website and supersedes all other agreements regarding use of the Website.   Any access to the Platform and Services is further governed by the Patient Registration Agreement, or if you are a Practice, the Practice Agreement.  Any waiver of any portion of these Terms of Use will be effective only if in writing and signed by MSH.

Contact Us

If you have any questions about these Terms of Use, please contact us at:

McKesson Specialty Health
10101 Woodloch Forest
The Woodlands, TX 77380
Email: support@mycareplusonline.com
My Care Plus Support: 1-855-887-6788