www.BARDREACH.com Website Terms of Use


Effective Date: 11/15/2010


As a vendor administering this website on behalf of its manufacturer customers ("customer" or "manufacturer"), McKesson Patient Relationship Solutions, a business unit of McKesson Specialty Arizona Inc. ("McKesson," "we," "our," "us") hereby provides the following Website Terms of Use. These Website Terms of Use are a legal contract for the use of the McKesson Portal, located at www.BARDREACH.com (the "Site")

BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE WEBSITE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE WEBSITE TERMS OF USE, DO NOT USE THIS SITE.

Privacy Policy

Please read Privacy Policy for a description of how we handle users' personal information. The Privacy Policy is posted separately here.

Intellectual Property

a. Trademarks

The name McKESSON™ and any other service and trade names, marks, and logos adopted by McKesson are owned by McKesson and its licensors, whether or not bearing the symbols "TM," "sm," or "®", and may not be used without written permission.


b. Copyright

The content (such as text, images, and other graphics) and software (in any form) on the Site are protected by world intellectual property laws, including U.S. and international copyrights. Users may not reproduce, distribute, create derivative works, or commercially exploit the content or software on the Site for any reason. Links to the Site's pages (including hypertext links) are prohibited without permission of the copyright owner.


Permitted Uses

Participating physicians may use the site to enroll patients in the BARD REACH Program.

Prohibited Uses

When using the Site, you will not:

a. take any action that imposes an unreasonable load on the Site's infrastructure,

b. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site,

c. attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Site,

d. frame or link to any of the materials or information available from the Site,

e. except for a normal browser, use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search now known or later existing,

f. aggregate, copy or duplicate any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site,

g. access data not intended for you, or

h. use the Site in violation of these Website Terms of Use or the Privacy Policy or any applicable law.

Security

McKesson employs technologically reasonable and current methods to help prevent unauthorized access, maintain data accuracy and ensure correct use of information, including using SSL technology to protect information being transmitted over the internet.

Participating doctors will obtain access to the BARD REACH Physician Portal ("Portal"). The Portal allows participating doctors to provide patient information and view activity associated with treatment communications for their patients that have had a BARD retrievable filter implanted. Accounts are protected by a username and password ("Account Credentials") provided by the participating doctor. Participating doctors are solely responsible for maintaining the security of their Account Credentials, including storing them in a secure manner and taking sufficient measures to train their employees and staff on proper usage of the Account Credentials.

Suspension of Service

We reserve the right to suspend a user's access to the Site or close a user's account at any time and for any or no reason.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MCKESSON SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION AND MATERIALS CONTAINED ON THE SITE, 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.

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

THE SITE AND ALL INFORMATION AND RELATED MATERIALS IT CONTAINS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." WHILE REASONABLE EFFORTS ARE TAKEN TO ENSURE THE ACCURACY AND INTEGRITY OF INFORMATION AND RELATED MATERIALS PROVIDED BY MCKESSON ON THIS WEBSITE, MCKESSON MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SITE OR THE INFORMATION OR MATERIALS IT CONTAINS. BY USING THIS WEBSITE, YOU ASSUME THE RISK THAT THE INFORMATION AND MATERIALS ON THIS WEBSITE MAY BE INCOMPLETE, INACCURATE, OUT OF DATE, OR MAY NOT MEET YOUR NEEDS AND REQUIREMENTS.

ALL PRODUCT INFORMATION AND CONTENT ON THE SITE IS PROVIDED SOLELY BY THE MANUFACTURER AND MCKESSON MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE MANUFACTURER CONTENT, INCLUDING ITS ACCURACY OR LEGAL COMPLIANCE.
NO ADVICE OR INFORMATION FROM MCKESSON 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

IN NO EVENT WILL MCKESSON BE LIABLE FOR, AS A RESULT OF THE OPERATION OF THE SITE OR ITS CONTENT, YOUR USE OF THE SITE OR ITS SERVICES, OR WITH RESPECT TO ANY PRODUCT OR SERVICE PROVIDED THROUGH THE SITE, ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT IT IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, MCKESSON'S LIABILITY TO YOU ARISING FROM OR OTHERWISE RELATED TO THE SITE OR YOUR USE OF THE SITE WILL NOT EXCEED $100.00 U.S., EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED THROUGH THE SITE CANNOT BE GUARANTEED AND THAT, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SITE CONFIRMS YOUR AGREEMENT TO ASSUME ANY AND ALL RISK ASSOCIATED WITH ITS CONTENT AND YOUR USE OF ITS SERVICES, AS WELL AS ANY HARM OR EFFECT ON COMPUTER HARDWARE OR SOFTWARE. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THE SITE.

YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR USE OF INTERNET FACILITIES OR ANY INTERNET USE BY THIRD PARTIES PERMITTED BY YOU. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE CONDUCT OF ANY BUSINESS, ADVERTISING, MARKETING, SALES, OR ANY OTHER USE IN CONNECTION WITH THE SITE PERMITTED BY YOU. YOU ARE SOLELY RESPONSIBLE FOR ANY NEGLIGENT OR ILLEGAL ACT OR OMISSION OF YOU OR YOUR AGENTS, CONTRACTORS, SERVANTS, EMPLOYEES, OR OTHER USERS, INCLUDING WITHOUT LIMITATION UNAUTHORIZED DISCLOSURE OF ACCOUNT CREDENTIALS.

Indemnity

You agree to defend, indemnify and hold harmless McKesson (and its affiliates and their respective officers, directors, representatives, employees, consultants, and agents), and to reimburse all costs, liabilities and legal fees we incur, 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 your use or misuse of the Site, any use or misuse of the Site in connection with your user information or login information (if applicable), your infringement of any intellectual property or other right of McKesson or any other person or entity, or any violation of these Website Terms of Use or Privacy Policy.

Licensed Content

We may license content from third parties. Our licensors may be third party beneficiaries to these Website Terms of Use pursuant to our agreement with them. To the extent our licensors are third party beneficiaries to these Website Terms of Use, the rights and protections provided to us hereunder inure to their benefit. Nothing in these Terms of Use creates an agency, partnership, or joint venture with you.

Changes in Website Terms of Use

We may, on occasion, modify the Website Terms of Use and reserve the right to modify or amend these Website Terms of Use at any time. All changes will be effective immediately upon their posting to the Site. Material changes will be conspicuously posted on the Site. You agree that accessing or using the Site following the posting of such changes, constitute your acceptance of the revised terms.

Applicable Law

By using this Site, you agree that these Terms of Use will be governed by and construed and enforced in accordance with the state law of California.