Please read the following Customer
Registration Agreement (“Agreement”)
carefully before deciding whether to register for access to the Your Pharmacy
Online service ("YPO"). YPO is provided to you by your pharmacy
("Pharmacy") in
conjunction with McKesson Corporation and its affiliates ("McKesson"). Registration with YPO will permit you to
access certain health-related content ("Content") as well as to track and manage your prescriptions,
request online refills, receive newsletters, obtain refill reminders and other
services that may be available from time to time ("YPO Services") at
your Pharmacy.
By clicking “I
Agree” below, you are submitting a request for access to YPO and you are
agreeing, to be bound by the terms and conditions of this Agreement with McKesson. If you do not agree, you should click “I Do
Not Agree” and you will not be permitted to access YPO.
Make sure to print a
copy of this Agreement for your records.
1. Electronic Communications
You understand by signing up to
access YPO, 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.
2. Solicitation to Request Access
Nothing on YPO constitutes an
"offer" on behalf of McKesson or the Pharmacy, but is rather an
invitation for you to request to access YPO to receive the Content and YPO Services. McKesson may require additional verifications
or information before granting any request to access YPO.
All offers set forth on YPO are void where
prohibited.
Following our receipt of your request to
access YPO, McKesson will send you electronic confirmation of your submission
to the e-mail address you provide in your request.
3. Consent and Agreement
YPO may be accessed via an Internet website
or mobile enhanced website (each, a "Venue"). Your use of YPO is subject to the posting of
any official terms or policies applicable to the Venue, including without
limitation the website’s Terms & Conditions of Use and the Privacy
Policy, which applies to the website and mobile website
(collectively, the "Venue Terms").
Access to YPO via any venue requires agreement to the applicable Venue
Terms.
4. User Names and Access
If your request to access YPO is approved by McKesson,
you will be provided with access to YPO via a user name and password, which
will allow you access to YPO regardless of the Venue, subject to your agreement
with the Venue Terms. You are responsible for all activity under any
user name assigned to your account regardless of the Venue. You have the sole responsibility for ensuring
the confidentiality of the user name and password for your account. You agree to immediately notify McKesson 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.
5. Services
Subject to approval of your
request for YPO access and your compliance with this Agreement, McKesson grants
to you a non-exclusive, non-transferable, limited license to access and use YPO
(including the Content and YPO Services) solely for your personal use.
We reserve the right to change, modify,
suspend or discontinue any aspect of the Content or YPO Services available, or YPO
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 YPO in your Venue of choice, and
(ii) paying all third-party telecommunications or other charges incurred by you
while using YPO.
The Content made available to you on YPO
is to be used for informational purposes only.
You acknowledge that the 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. McKesson or its vendors shall use
commercially reasonable efforts to ensure the accuracy of the Content, but
neither McKesson, Pharmacy, 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.
McKesson only provides a forum for you to access YPO for the
purposes of obtaining the Content and YPO Services. Neither McKesson nor its vendors is a party to, nor is McKesson
or its vendors otherwise involved in, any transactions entered into between you
and your Pharmacy, even if such transaction occurs via YPO. Furthermore, neither McKesson nor its vendors
shall be liable for any dispute that arises between you and the Pharmacy or any
third party.
6. Proprietary Ownership
You acknowledge that YPO 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 YPO are the sole property of the Pharmacy,
McKesson, 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 YPO, 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, YPO Services or YPO shall become the sole property of McKesson and you
agree to assign and hereby assign any and all such rights to McKesson without
charge. You further agree to take all
acts reasonably requested by McKesson to confirm McKesson's ownership of such
items.
7. Prohibited Uses
Nothing in this Agreement may be construed as
granting you any other right in YPO outside of the limited license to access YPO,
Content and YPO 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 YPO or any part thereof, or any content or
technology contained therein. You may not send unsolicited messages (e.g. spam) through YPO,
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 YPO, 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 YPO web pages or
any content contained on or available through YPO, including without limitation
the Content.
You may not use YPO (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.
McKesson 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
Policy.
8. Cancellation and Termination
McKesson reserves the right to terminate or
suspend your access to and use of YPO, in part or in whole in any and all
Venues, at any time in the event of (i) your breach or suspected breach of any
of the provisions of this Agreement, including without limitation any of the
Venue Terms (ii) your use or misuse of YPO, Content or Services, for any
activity or course of conduct that McKesson deems to be unlawful or unethical,
(iii) in the event McKesson reasonably determines that such termination is
necessary or proper, or (iv) McKesson ceases providing YPO, Content or YPO Services. To the extent reasonably possible, McKesson
may provide you advance written notice of such termination or suspension.
9. No Liability
Use
of the Internet and mobile devices is inherently unreliable. While McKesson takes commercially reasonable
efforts to protect the privacy and confidentiality of your information and
transactions in the Venues, McKesson cannot ensure any Internet or mobile
transaction is completely secure. McKesson
and its vendors use industry standard technology to help protect against the
loss, misuse and alteration of the information under McKesson’s control;
however, McKesson and its vendors do not guarantee that such loss, misuse or
alternation will not occur.
You
understand and expressly agree that use of YPO is at your own risk. Neither McKesson, the Pharmacy nor their respective
affiliates, vendors, or suppliers are responsible for any virus or damage to
your computer, computer software, mobile device, or any loss of data that may
result from use of YPO or access to any Content or YPO Services.
In no event shall McKesson, the Pharmacy, 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) YPO, Content or YPO Services, (ii)
the use or performance of YPO or any linked website or mobile application or
any Content, YPO Services or other material, services or information obtained
through YPO, or (iii) otherwise arising out of YPO, Content, or YPO Services or
the use or the inability to use YPO, Content or YPO Services, whether such
damages are based in tort, contract, negligence, strict liability or otherwise,
even if McKesson, the Pharmacy, 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 YPO, Content and YPO Services. Notwithstanding the foregoing, in no
event will the aggregate liability of McKesson, the Pharmacy and their
affiliates and vendors for any reason exceed $1,000.00, 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
law.
10. No Warranty
YPO, Content and YPO
Services are provided on an “as is,” “as available” and “with all faults”
basis. McKesson, the Pharmacy, and their respective vendors
and affiliates disclaim all other
warranties with respect to YPO, Content and YPO 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 McKesson,
the Pharmacy, or their respective vendors and affiliates make any warranty or representation regarding
(a) the results that may be obtained from use of YPO, Content or YPO Services,
(b) any material, information or data downloaded or otherwise obtained from YPO
or (c) the accuracy or reliability of any information obtained from YPO,
Content, or YPO Services. None of McKesson, the Pharmacy, or their
respective vendors or affiliates shall have any responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communication.
McKesson provides the Content and YPO Services
to you through the Internet or wireless communication systems via YPO, which are
subject to outages, communication and data flow failures, interruptions and
delays inherent in Internet or wireless communications. You recognize that problems with the Internet
or wireless networks, including equipment, software and network failures,
impairments or congestion or the configuration of your computer systems, may
prevent, interrupt or delay your access to YPO.
None of McKesson, the
Pharmacy, or their respective vendors or affiliates shall be liable for any
delays, interruptions, suspensions or unavailability of YPO, or any portion of YPO,
attributable to problems with the Internet or wireless systems or configuration
of your computer systems. There is no
warranty or guarantee that access or use of YPO, Content or YPO Services will
be uninterrupted or error-free.
No advice or information, whether oral or
written, obtained by you from McKesson, the Pharmacy or their respective
affiliates or vendors in any manner will create any warranty.
11. 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 McKesson, (iii) the information you have provided to McKesson in
your registration application is accurate and complete (iv) you will comply
with any and all laws applicable to your use of YPO, (v) you will not interfere
with a third party’s use and enjoyment of YPO, and (vi) you will not interfere
with or disrupt McKesson’s or its vendor’s security measures. If any information you provide to McKesson
becomes inaccurate, incomplete or otherwise false or misleading, you will
immediately notify McKesson.
You also represent,
warrant and covenant that your use of YPO 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,
data security laws, and privacy laws.
You will not engage in advertising to or solicitation of any other users
of YPO, nor will you transmit any spam, chain letters or other similar
communications to other users via YPO.
You will promptly report any violation of this Agreement to McKesson.
12. Indemnification
You agree to
indemnify, defend and hold harmless McKesson, the Pharmacy 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 YPO, Content or YPO
Services, your use or misuse of any material, information or data downloaded or
otherwise obtained from YPO, any YPO activity in any Venue involving your user
ID, your violation of this Agreement or any Venue Terms, or your violation of
any applicable law, including without limitation any privacy or data security
law or regulation. Notwithstanding the
foregoing, McKesson, the Pharmacy and their respective vendors reserve the
right to participate in the defense of any such claim subject to your
indemnification obligation.
13. Interpretation and Disputes
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and the federal laws of the United
States, without regard to conflicts of laws
principles. This Agreement and access to
YPO shall be deemed to have been performed and occurred in the State of
California 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 courts of the State of California, and
the County of San Francisco and the Northern District of California, 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. Any cause of
action or claim with respect to YPO 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.
14. Contacting Us
If you have any other questions or concerns
regarding this Agreement, please contact us at:
McKesson
Corporation
One
Post Street
San
Francisco, CA 94104
1-855-458-4678
15. Entire Agreement
By clicking “I Agree”, you hereby
agree to the above Agreement, together with the applicable
Venue Terms. These documents constitute the entire agreement between you and McKesson
with respect to the subject matter discussed above. Any waiver of any provision of this Agreement
will be effective only if in writing and signed by McKesson. This Agreement
supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding this subject matter. This Agreement will
inure to the benefit of McKesson’s successors, assigns and licensees. Print a
copy of this Agreement for your records!
By clicking “I Agree,” you
affirmatively agree to be bound by this Agreement, including without limitation
the website’s Terms
& Conditions and the Privacy Policy, which applies to all Venues. If you do not agree to be bound by this
Agreement, including without limitation the Terms &
Conditions and the Privacy
Policy, do not agree to this Agreement and you will not submit your
request to access YPO.