Effective Date: September 24, 2018

Last Updated: September 24, 2018

Acceptance of Terms of Use

All use of the website located at socialworker.usoncology.com (“Site”) is subject to the terms and conditions set out below. Your further access or use of this Site constitutes your agreement to the following terms and conditions:

By using or accessing this Site, you acknowledge that you: have read and understood these Terms of Use; are at least eighteen (18) years old and have the legal authority to accept the terms and conditions; and agree to be legally bound by the terms and conditions. If you do not agree to these Terms of Use, please do not access or use this Site. You should review these Terms of Use periodically as they may be revised from time to time by McKesson Specialty Health, and your use afterwards signifies your acceptance of the changed terms. McKesson Specialty Health may be referred to as “MSH”, “Us” or “We” throughout this document and includes each of the members of the McKesson Specialty Health and their respective affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “Associates”),

MSH appreciates your use of our Site, and we believe you will find it helpful and informative. While MSH tries to provide information and materials that are as accurate as possible, we cannot guarantee they will always be accurate, complete, or appropriate for your particular purpose. You assume full responsibility for using the information and material at this Site, and you understand and agree that MSH is neither responsible nor liable for any claim, loss or damage resulting from such use. If you notice something wrong or inaccurate, please let us know so we can correct it.

Practice Agreement

If you are a physician, health care professional, employee, contractor or agent of a health care or medical practice that has entered into a Social Work Support Manager Access Agreement or other agreement regarding the access and use of this site with MSH or one of its affiliates (“Practice Agreement”), then these Terms of Use will govern access to the site. In the event of any conflict between these Terms of Use and the Practice Agreement, the Practice Agreement will control.

Your Conduct

Any conduct by you that in our sole discretion restricts, inhibits or otherwise interferes with any other user in using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

MSH is under no obligation to review or monitor, and assumes no responsibility or liability arising from, activities occurring on this Site. You are responsible for all information that you upload, post, email or otherwise transmit using the Site. You are responsible for respecting the rights of MSH and third parties with respect to materials and information that are available through this Site and agree not to use or exploit any portion of this Site to provide any commercial services, “spam” or other unsolicited communications to third parties or offer any portion of this Site to any third party.

Additionally, you will not use this Site to:

• Impersonate another person or entity, including without limitation, a representative of MSH or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or otherwise manipulate identifiers that would disguise the origin of any information transmitted to or through this Site;
• Use this Site for any purpose or in any manner that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
• Directly or indirectly, intentionally disrupt or interfere with this Site in any manner that may materially adversely affect MSH or any third party; or
• Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, account numbers, social security numbers, passwords or other similar information.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. You agree you will not attempt to defeat, disable or evade any security measures or access restrictions that may be in use in connection with the Site nor to use or access the Site in excess or outside your authorization to do so.

You acknowledge you have an obligation to maintain the confidentiality, privacy and security of patient information that you access through Social Work Support Manager in accordance with all applicable laws and professional and ethical standards. At any time after the termination of this Agreement, you agree to keep confidential any and all information which you obtained as a result of your access to Social Work Support Manager in accordance with all applicable laws and professional and ethical standards.

Site Content

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, sounds and other material (collectively “Content”) that are protected, individually and collectively, by copyright, trademark or other proprietary rights of MSH or third parties. You may not modify, remove, delete, augment, add to, publish, transmit, sell, participate in the transmission or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed in this agreement or allowed under U.S. Copyright law, which cannot be waived. If no specific restrictions are displayed, you may make copies of select portions of the Content identified on the Site as being downloadable or clearly made available for download, provided that the copies are made only for the personal information and use of the person who downloaded that Content and that you do not alter or modify the Content in any way. You may not use the Content for any commercial purpose. For purpose of this Agreement, “commercial” means any use primarily intended for or directed towards commercial advantage or monetary compensation. Downloading of any Content from this Site does not transfer any right or ownership of such Content to you, and such Content shall be used solely in accordance with these Terms of Use. You may not mirror or archive any part of this Site or any Content contained on this Site on any server, computer or mobile device without MSH's prior written permission. The Content of this Site is owned or controlled by MSH and is protected under applicable copyright and trademark laws. You must maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce, distribute or assist others in doing any of the foregoing, in any way Content without obtaining permission of the owner of the copyright or other proprietary right.

Except as expressly permitted herein, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site.

Your Account Obligations

If you are an authorized user of the Site, we may provide you a username and password to allow you to access information specific to our relationship. You are solely responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILIATES, SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ADDITIONAL OR SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES PROVIDED THEREIN. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification by Site User

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content or other material you submit, post to or transmit through the Site, your use of the Site, your access and connection to the Site, your violation of these Terms of Use, or your violation of any rights of another.

Our Rights

We may elect to electronically monitor areas of the Site and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request, (ii) if such disclosure is necessary or appropriate to protect or operate the Site, or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or monitoring any Content provided or submitted by you or any other user. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, or us.

Unsolicited Submissions

We are pleased to hear from our Site users and welcome your comments regarding our services, including the Site. We request that you be specific in your comments on our services and products that may be available or identified on the Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Applicable Law

These Terms of Use (including without limitation the validity, construction and performance of duties related thereto) are governed by and construed in accordance with the laws of the United States of America and the laws of the State of Texas without giving effect to any principles of conflicts of laws. Although it is accessible worldwide, this Site and its content are intended for residents of the United States only. We make no representation that materials or services included within the Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease all further use of and access to the Site, and any notification of termination or other rejection of the Terms of Use is conditioned on such cessation. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice for any reason, including without limitation, if: (i) you do not use the Site for what MSH, in its sole discretion, deems to be an extended period of time; (ii) MSH believes that you have violated any of these Terms of Use; or (iii) you have otherwise acted in any manner that MSH, in its sole discretion, deems objectionable. You agree that any termination of your access to the Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

General Information

These Terms of Use constitute the entire agreement between us (you and MSH) and govern your use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. We reserve the right to modify the Terms of Use at any time, and you agree to be bound by the modified Terms of Use, upon posting the modified Terms of Use on the Site. Your use of the Site following such notice constitutes your agreement to the Terms of Use, as modified. Our failure to exercise or enforce any right or provision of the Terms of Use on any occasion shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that all other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you or anyone claiming through you may make, arising out of or related to use of the Site or the Terms of Use, must be filed within one year after such claim or cause of action arose or be forever barred. This Site and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

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 © 2018 McKesson Specialty Health. All rights reserved.

MSH or its affiliates are the owner of the trademarks 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.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

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

McKesson Specialty Health
10101 Woodloch Forest
The Woodlands, TX 77380
(855) 345-3375