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FOCUS Terms and Conditions for United Kingdom

by Community Manager Community Manager ‎04-29-2015 01:08 PM - edited ‎10-24-2017 08:26 PM

FOCUS Community Terms and Conditions for United Kingdom

Last Updated: October 30, 2017

 

By using the FOCUS Community (the “Site”) you agree to these terms (the “Community Terms”), and the Privacy Policy (collectively, the “Agreement”). Please read the Agreement carefully. As used in the Agreement, “you” or “publisher” means the individual or entity using the Site (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we,” “us” or “Change Healthcare” means McKesson Technologies UK Ltd., and the “parties” means you and Change Healthcare.

 

FOCUS Community Accounts

 

Registration

Your use of the Site is subject to your creation and our approval of a FOCUSaccount (an “Account”). You represent and warrant that all information provided by you to Change Healthcare to establish an Account is current, accurate, and complete and that you will maintain and promptly update the accuracy and completeness of this information.

 

Password and Security

You are solely responsible for maintaining the confidentiality and security of your Account and password. You understand and agree that you are fully responsible for all actions and postings made from your Account. You may only have one Account and may not allow others to access your Account. You agree to notify Change Healthcare immediately if you become aware of any unauthorized use of your Account.

 

Termination

Change Healthcare reserves the right to terminate your Account or restrict access to your Account, or to delete any content posted through your Account with or without notice, for any or no reason, and without any liability to you.

 

Community Participation

 

User Provided Content

You understand that material made available by the Site is a product of a community effort and does not necessarily represent the views of Change Healthcare. Change Healthcare does not have any obligation to verify the background or credentials of any user and Change Healthcare assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

 

Any content submitted to the Site will be made available to all other users of the Site. Do not submit any content if you do not want other users to have access to it. You may post content to forums that limit accessibility to certain users, although Change Healthcare reserves the right to limit the amount of content that can be restricted in such a way and the duration of time it may be retained by the Site.

 

No Medical Advice

YOUR USE OF THE INFORMATION AND USER CONTENT MADE AVAILABLE VIA THE SITE IS AT YOUR OWN RISK. THIS SITE IS NOT A MEDICAL DEVICE, AND IS INTENDED TO BE USED FOR EDUCATIONAL AND REFERENCE PURPOSES ONLY. DO NOT RELY ON THE ADVICE OR INFORMATION MADE AVAILABLE VIA THE SITE IN DIAGNOSIS OR TREATMENT OF ANY INDIVIDUAL. Change Healthcare shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any health care treatment decisions or diagnostic decisions made based on such information.

 

Links

You understand that Change Healthcare does not review all material made available through websites linked or linking to any part of the site. A link does not imply in any way that Change Healthcare endorses or is affiliated with any third-party website. You agree that Change Healthcare bears no responsibility or liability for any content accessed or harm caused from any third-party website.

 

Third Party Software

Some of the features or functionality of the Site may require you to have third-party software installed on the equipment you use to access the Site. You are solely responsible to obtain and maintain all rights and licenses to third party software and equipment necessary to utilize such features and functionality. Change Healthcare expressly disclaims the accuracy of the images or information accessed or downloaded by you, and the ability for such information to integrate with any other third-party program.

 

Contributed Content

You represent and warrant that you own all right, title and interest in the content you submit and that you are at least 18 years of age. You hereby assign, without compensation to you, all right, title, and interest (including to any associated copyrights, patents, or other intellectual property) in all the content you submit to the Site to Change Healthcare. To the extent such rights may not be assigned in this manner, you hereby grant to Change Healthcare an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to make, use, sell, offer for sale, import, reproduce, prepare derivative works, copy, perform, display, sublicense, or otherwise exploit, and authorize others to do so, all or any portion of the content you submit in any manner whatsoever, in any medium now known or later developed, without compensating you, without indicating that it is yours, and without having any obligation to you or to any other person or entity. You agree that Change Healthcare is not obligated to review the content you submit. All content you submit will be treated as non-confidential and non-proprietary in each instance. None of the content you submit shall be subject to any obligation of confidentiality on the part of Change Healthcare, and Change Healthcare shall not be liable for any use or disclosure of any content. Any content may be used by Change Healthcare without restriction.

 

Prohibited Content

You will not submit any personally identifiable information or personal health information to the site. You are solely responsible for the use of any personally identifiable information or personal health information submitted through your Account.

 

Removal of Content

In its sole discretion, Change Healthcare may remove and discard any content, in whole or in part, within the Site for violation of these Terms.

 

Digital Millennium Copyright Act ("DMCA") Takedown Notifications

Change Healthcare respects the intellectual property rights of others. If you believe that your work has been copied, posted, stored, or otherwise transmitted using the Site in a way that constitutes copyright infringement, please provide the following information pursuant to the DMCA to the designated agent listed below:

 

(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

 

(b) a clear and complete description of the copyrighted work that you claim has been infringed;

 

(c) a clear and complete description of the material on the Site that you claim to be infringing and a sufficient description of where the material can be located to enable Change Healthcare to find and remove it;

 

(d) sufficient information to contact you, such as your address, telephone number, and email address;

 

(e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

(f) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

 

The designated agent for claims of copyright infringement may be reached at:

 

Email: CopyrightRequests@changehealthcare.com

 

Address: Attn: Intellectual Property Counsel, Law Department

Change Healthcare

5995 Windward Parkway

Alpharetta, GA 30005

 

Phone: (404) 338-6000

Fax: (404) 338-5138

 

Privacy

Our privacy policy explains how we treat your personal data and protect your privacy when you use the Site. By using the Site, you agree that Change Healthcare can use such data in accordance with our privacy policy.

 

User Representations and Warranties

By posting any content you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party necessary for you to provide, post, upload or submit the content (b) posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret or any other intellectual property right (c) the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic material (d) the posted content does not contain personally identifiable information or personal health information.

 

Indemnity

You acknowledge and agree to indemnify and hold Change Healthcare, its affiliates, officers, employees and agents, harmless including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Site, your violation of these Terms or the infringement by you or made under your Account of any intellectual property or other right of any person or entity.

 

You agree to indemnify and hold Change Healthcare and Lithium Technologies Inc., and their respective affiliates, officers, employees and agents, harmless including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your disclosure, solicitation or use of any personally identifiable information or personal health information in connection with your use of the Site.

 

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CHANGE HEALTHCARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. CHANGE HEALTHCARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE).

 

Other Terms

 

Changes to the Agreement

Change Healthcare reserves the right to change, at any time, at our sole discretion, the Terms of this Agreement. You are responsible for regularly reviewing the Terms. Your continued use of the Site constitutes your agreement to all such Terms.

 

Termination

Change Healthcare reserves the right to modify, suspend, or discontinue the Site without any notice at any time and without any liability to you.

 

No Waiver

Failure of Change Healthcare to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

 

Governing Law and Entire Agreement

These Terms are governed by the laws of England, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the Courts of England in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.