Health Mart Digital Platform Terms & Conditions

Last Updated June 8, 2012.

Welcome to the Health Mart Digital Platform Website and Portal! Health Mart Systems, Inc. (“Health Mart”) provides this website ("Website") to you for your convenience and in order to provide you the ability to access certain health related information and services for you and your local pharmacy (“Pharmacy”).

Your access to this Website is subject to your agreement with all these Terms & Conditions of Use as set forth below (including our Privacy Policy). These Terms & Conditions together with our Privacy Policy constitute the agreement between you and Health Mart regarding use of this Website (“Agreement”). Should you choose to register to access the non-public portion of this Website and take advantage of all the information and services that may be available to you and your Pharmacy, your use of this Website is also subject to the Customer Registration Agreement or Health Mart Digital Platform Pharmacy Access & Use Agreement (collectively, “Registration Agreement”) that you agree to during the registration or enrollment process, which is also part of your Agreement with Health Mart.

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

Modifications to this Agreement

HEALTH MART MAY REVISE THESE TERMS & CONDITIONS AT ANY TIME. SHOULD ANY REVISIONS BE MADE, HEALTH MART 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 THEIR POSTING. BY ACCESSING OR USING THIS WEBSITE AFTER SUCH REVISIONS ARE POSTED YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.

No Medical Advice

THE CONTENT MADE AVAILABLE TO YOU ON THIS WEBSITE 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. HEALTH MART OR ITS VENDORS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER HEALTH MART, 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.

Website Content and Access

Health Mart 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 Policy

Access to this Website may be monitored from time to time. Your use of this Website constitutes your consent to such monitoring and data collection as set forth in our Privacy Policy.

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 Health Mart, the Pharmacy or their respective 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 Health Mart, the Pharmacy or their respective affiliates or vendors and is also protected by United States and international intellectual property laws.

Copyright © 2009-2012 Health Mart Systems, Inc. All rights reserved.

Health Mart or its affiliates are the owner of the trademarks HEALTH MART®, RX HEALTH MART PHARMACY®, MCKESSON®, YOURHEALTHSM, TRUSTED INDEPENDENT PHARMACISTSM . 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 Health Mart 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 Health Mart any Website postings, feedback or data, such as ideas, comments, and suggestions or questions regarding any Health Mart product or service (including this Website), such information will not be given confidential treatment. Neither Health Mart nor your Pharmacy will have any obligation of any kind to you with respect to any postings, feedback or data that you submit. Your submission of such postings, feedback and data affects an assignment to Health Mart 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 Health Mart without charge. As the sole and exclusive owner of such postings, feedback and data, Health Mart 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 Health Mart 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 informational and non-commercial 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 this Agreement 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 Health Mart 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 and may not make any other use of the Website or any Website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by Health Mart. 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 Health Mart 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 Health Mart may terminate or otherwise deny your access to the Website and without notice in the event Health Mart believes in its sole discretion that (i) you have violated a provision of this Agreement or your Registration Agreement, (ii) you have used or misused the Website in a manner that Health Mart has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or Health Mart 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.

Pharmacy and Other 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 party pharmacies (including your Pharmacy) or other third party entities. These third parties are separate and independent entities and are not agents of Health Mart. Health Mart does not have control over such third party websites or the content of such websites. As a result, Health Mart 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; (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 Health Mart’s or its affiliates name, trademarks or services; (5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by Health Mart 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. Health Mart reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice to you.

No Endorsements

Reference to any Pharmacy, 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 Health Mart. Any views expressed by third parties on this Website are solely the views of such third party and Health Mart assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Third-Party Intellectual Property Rights

If you believe that your intellectual property rights have been infringed or otherwise violated by another retailer or other Website user, you must provide Health Mart the following information, pursuant to Section 512 of Title 17 of the United States Code:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work or works that you claim have been infringed;
  3. a description of the allegedly infringing material, including its location on the Website;
  4. your address, telephone number, and e-mail address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Health Mart’s Copyright Agent for notice of claims of infringement is: Nina Steinman, McKesson Corporation, Legal Department, One Post Street, 34th Floor, San Francisco, CA 94104.

Health Mart assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any area of the Website. Health Mart is merely a publisher of any such content and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

Bulletin Boards, Chat Rooms and Other Interactive Areas

Health Mart may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using this Website, you agree to abide by the following guidelines for use of any such bulletin boards, chat rooms and other interactive areas:

  1. You must maintain a polite, pleasant environment. Comments that harass abuse or threaten others are prohibited. You may not criticize other individual users or Health Mart, the Pharmacy or any of their affiliates.
  2. You must ensure that all comments are appropriate for general public consumption. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
  3. You must keep your comments relevant to the stated topic.
  4. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or engage in, facilitate or encourage any illegal activities.
  5. Any and all postings you may submit to this Website must be your original work.

All users of this Website must also follow any other guidelines or rules provided by Health Mart or posted on this Website for such postings or submissions. A failure to comply with any of these guidelines or rules, or any of the other provisions of this Agreement, will result in, among other possible action, the immediate termination of all access and privileges to post content to the Website. Please report any violations of these guidelines to Health Mart, as provided for in the “Contact Us” section of this Agreement below.

You and other users of any bulletin boards, chat rooms and other interactive areas are solely responsible for the content and consequences of any messages you communicate or post on this Website. Neither Health Mart nor its affiliates will have any liability for any content and consequences of any such messages.

You should exercise the utmost discretion before providing any personal information to third parties via any such bulletin boards, chat rooms or other interactive areas that may be on this Website.

Although Health Mart is not obligated to monitor content or the accuracy of information posted on this Website, you acknowledge and agree that Health Mart, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this Website. Health Mart also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason, and to revoke any user’s access, for any reason. Health Mart also reserves the right to review any submission you may send to the Website and may decide, in its sole discretion, whether or not your submission is appropriate for the Website.

Warranty Disclaimer

THIS WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED "AS IS," “AS AVAILABLE” AND “WITH ALL FAULTS.” HEALTH MART 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, HEALTH MART, THE PHARMACY AND THEIR 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, NEITHER HEALTH MART NOR THE PHARMACY WARRANTS THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, 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. NEITHER HEALTH MART NOR THE PHARMACY WARRANTS 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.

WHILE HEALTH MART TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND TRANSACTIONS, HEALTH MART CANNOT ENSURE ANY INTERNET TRANSACTION IS COMPLETELY SECURE. HEALTH MART AND ITS VENDORS USE INDUSTRY STANDARD TECHNOLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER HEALTH MART’S CONTROL; HOWEVER, HEALTH MART DOES NOT GUARANTEE THAT SUCH LOSS, MISUSE OR ALTERATION WILL NOT OCCUR.

YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. NEITHER HEALTH MART, THE PHARMACY NOR THEIR 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. Health Mart cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, Health Mart 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 Health Mart on this Website, but Health Mart 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 Health Mart or the Pharmacy 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 HEALTH MART, THE PHARMACY, OR ANY OF THEIR 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 HEALTH MART 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, THE AGGREGATE LIABILITY OF HEALTH MART, THE PHARMACY AND THEIR AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HEALTH MART, THE PHARMACY, AND THEIR 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 HEALTH MART, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION, OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, HEALTH MART RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

Disputes and Interpretation

This Agreement is governed by and interpreted under 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 the Website will be deemed to have been performed and occurred in the State of California and the courts of that State will 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, the County of San Francisco and the Northern District of California, 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. 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. If any of these conditions 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.

This Agreement, along with our Privacy Policy and where applicable Customer Registration Agreement or Pharmacy Access & Use Agreement, are the sole terms governing your use and access of this Website and supersedes all other agreements regarding use of the Website. Any waiver of any portion of this Agreement will be effective only if in writing and signed by Health Mart.

Contact Us

If you have any questions about this Agreement, please contact us at:

Health Mart Systems, Inc.
One Post Street
San Francisco, CA 94104

1-855-458-4678

© 2009-2012 Health Mart Systems, Inc.

All rights reserved.