Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE TERMS OF USE AND RELATED PRIVACY POLICY; ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS OF USE; AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE RELATED PRIVACY POLICY, DO NOT USE THIS WEBSITE. THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED FROM TIME TO TIME

Thank you for reviewing these Terms of Use (“Terms of Use,“), which create a legal agreement between you and Outcomes Incorporated, a Cardinal Health company (“OutcomesMTM”), for use of this website, accessible at www.outcomesmtm.com (the “Site“), and the Outcomes Medication Therapy Management secure, online platform (the “OutcomesMTM Platform”), included herein. The Site is operated from the United States of America on behalf of OutcomesMTM. If you choose to access the Site from locations outside the U.S., such conduct is at your own risk and subject to the laws of the United States of America, and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or these Terms of Use.

  1. Terms of Use Limited to the Site. These Terms of Use are specific to the Site and do not apply to activities unrelated to the Site, including activities occurring on other websites that may be operated by or on behalf of OutcomesMTM or Cardinal Health. You should note that different terms of use may apply to other parts of OutcomesMTM or Cardinal Health’s web presence.
  2. Eligibility. You may access all public portions of the Site subject only to these Terms of Use and the related Privacy Policy; however, eligibility for use of the restricted access OutcomesMTM Platform is conditioned upon your organization entering into a medication therapy management services agreement (in the case of health plans, health insurers, employers and pharmacy benefit managers) or network participation agreement (in the case of pharmacies or other approved MTM providers) (collectively, an “OutcomesMTM Agreement”), and registering for and receiving your unique user login identification and password. The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify OutcomesMTM by one of the methods listed in these Terms of Use in the event that: (i) your password is lost or stolen; or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
  3. Use of the Site, Generally. You are authorized to view and download materials on the Site for your personal non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of OutcomesMTM. For purposes of these Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of OutcomesMTM, or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. OutcomesMTM also reserves the right to terminate your authorization to use the OutcomesMTM Platform and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms of Use.
    1. Training Materials. The Site may include product information, reference materials and other resources designed to provide education regarding the Site and other relevant matters. Such training materials (e.g., training modules, webinars, information sheets, etc.) may be viewed and downloaded on the Site for internal use only, and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of OutcomesMTM.
    2. Promotional Materials. The Site may include certain documents, designed to be printed as brochures, pamphlets or flyers, designed to promote specific products or services to health care professionals and/or their patients. Such promotional materials may be viewed and downloaded on the Site, and are intended to be reproduced and distributed; however, the promotional materials may not be modified in any way without the express prior written permission of OutcomesMTM.
  4. Use of the OutcomesMTM Platform. The OutcomesMTM Platform, which is accessible through the Site, is a web-based, integrated medication therapy management system for health plans, health insurers, employers and pharmacy benefit managers, and pharmacies and other approved MTM providers. Your use of the OutcomesMTM Platform through the Site is subject to and indicates your acceptance of a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the OutcomesMTM Platform as-is solely for your own internal business purposes and subject to the following provisions: (i) you shall not translate, disassemble, decompile, reverse engineer, alter or modify the System, or make any copies of any documentation or the OutcomesMTM Platform (except one copy for back-up or archival purposes only); and (ii) you shall not sell, assign, sublicense, transfer, disclose, or permit access to the OutcomesMTM Platform or related documentation to any other person or entity.
    1. Receive and Transmit Patient Information. The OutcomesMTM Platform allows authorized users to receive and submit patient information, including, but not limited to, demographics, insurance information, medical history and list of medications. The OutcomesMTM Platform also serves as the system for recordation of all patient medication therapy management encounters.
    2. Patient Take-Away Documents. The OutcomesMTM Platform allows authorized users to generate certain patient take-away documents following a medication therapy management encounter. Such patient take-away documents are intended to conform to the standards developed by the Centers for Medicare and Medicaid Services and other standards developing organizations; however, your use of such patient take-away documents is on an as-is basis and OutcomesMTM does not represent or warrant that patient take-away documents generated by the OutcomesMTM Platform will satisfy any given standard.
    3. Prescriber Fax Forms. The OutcomesMTM Platform allows authorized users to generate certain informational documents intended to be faxed to a patient’s prescribing health care provider. Such informational documents, intended to be faxed to the patient’s prescribing health care provider, communicate relevant information based on the medication therapy management encounter (e.g., noted side effects, recommended changes, etc.); however, your use of such informational documents is on an as-is basis and OutcomesMTM does not represent or warrant the accuracy of such informational documents generated by the OutcomesMTM Platform.
    4. Billing. The OutcomesMTM Platform allows authorized users to submit claims for payment for medication therapy management encounters to the patient’s health plans, health insurers, employers and pharmacy benefit managers.
    5. Reports. The OutcomesMTM Platform allows authorized users to generate certain reports, including, without limitation: (i) certain pharmacy and other approved MTM provider users may generate reports with aggregate patient information associated with the relevant health plans, health insurers, employers and pharmacy benefit managers; and (ii) certain health plan, health insurer, employer and pharmacy benefit manager users may generate reports with aggregate patient information associated with the relevant MTM providers. Your use of such reports is on an as-is basis and OutcomesMTM does not represent or warrant the accuracy of such reports generated by the OutcomesMTM Platform.
  5. Accuracy of Content, Generally. While OutcomesMTM strives to provide accurate information, there is no guarantee that information presented through the Site (including, without limitation, the OutcomesMTM Platform) will be accurate, timely or complete. Outcomes shall not be responsible for any consequences arising from your reliance on the accuracy of any information presented through the Site (including, without limitation, the OutcomesMTM Platform)
  6. No Medical Advice. You acknowledge and agree that information presented through the Site (including, without limitation, the OutcomesMTM Platform) is not intended to replace consultation with a licensed health care professional. Further, you acknowledge and agree that OutcomesMTM shall not be held liable for any claims, including personal injury or death, arising from or in any way relating to use of the information presented through the Site (including, without limitation, the OutcomesMTM Platform).
  7. Prohibited Behavior. You must not use the Site (including, without limitation, the OutcomesMTM Platform) to interfere with or disrupt the proper operation of the Site in any manner that may adversely affect OutcomesMTM, Cardinal Health or any third parties, including using the Site to do any of the following prohibited actions:
    1. Harm minors in any way;
    2. Engage in excessive use of the Site which impairs the fair use of others;
    3. Use the Site (including, without limitation, the OutcomesMTM Platform) for any purpose or in any matter that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;
    4. Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
    5. Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party;
    6. Impersonate another person or entity, including without limitation a representative of OutcomesMTM or Cardinal Health, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Site (including, without limitation, the OutcomesMTM Platform); and
    7. Upload or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility.
  8. Links to Other Websites. Links to third party websites on the Site, if any, are provided solely as a convenience to you. If you use these links, you will leave the Site. OutcomesMTM has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, OutcomesMTM does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
  9. DISCLAIMER OF WARRANTIES. USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE OUTCOMESMTM PLATFORM), IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTCOMESMTM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. OUTCOMESMTM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE OF THE SITE. OutcomesMTM may make changes to the Site (including, without limitation, the OutcomesMTM Platform) at any time and without notice. Such materials may be out of date and OutcomesMTM makes no commitment to update the materials available on the Site. Information published on the Site may refer to products, programs or services that are not available to you. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
  10. DISCLAIMER OF CONTENT. You understand and acknowledge that OutcomesMTM assumes no responsibility to screen or review content provided as part of the Site (including, without limitation, the OutcomesMTM Platform) that is originated by parties other than OutcomesMTM, and that OutcomesMTM shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any content that is available on the Site. OutcomesMTM expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT CONTAINED WITHIN THE SITE.
  11. LIMITATION OF LIABILITY. NEITHER OUTCOMESMTM NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION THE OUTCOMESMTM PLATFORM) OR ANY WEBSITES LINKED TO THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH WEBSITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  12. Rights to Content. You understand and agree that your use of the Site entitles OutcomesMTM to use, monitor and preserve copies of all information submitted through the Site and to disclose such information if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms of Use, assistance in responding to claims that content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of OutcomesMTM or any other person or entity.
  13. Indemnification. You agree to defend, indemnify and hold OutcomesMTM and Cardinal Health, and their officers, directors, employees and agents, harmless from and against any third party claim, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site (including, without limitation, the OutcomesMTM Platform) in a manner that violates these Terms of Use. OutcomesMTM shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
  14. Intellectual Property.
    1. Trademark. OutcomesMTM is a trademark of Outcomes Incorporated. Other trademarks are owned by OutcomesMTM, or are owned by and used with the permission of their third-party owners, as indicated. You agree not to use or display trademarks without the prior written consent of OutcomesMTM or the owner of such mark.
    2. Copyright. The content of the Site is owned by OutcomesMTM (or licensed from third parties) and is protected under United States of America copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. Such content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of OutcomesMTM.
  15. Jurisdiction and Venue. The Site (including, without limitation, the OutcomesMTM Platform) and these Terms of Use (including without limitation the validity, construction and performance of duties related to the Terms of Use) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of Iowa without giving effect to any principles of conflicts of laws.
  16. Notice. OutcomesMTM may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provided to OutcomesMTM in the OutcomesMTM Agreement, as applicable.
  17. Termination. You acknowledge and agree that OutcomesMTM may terminate your user credentials and/or other access privileges and remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use the Site (including, without limitation, the OutcomesMTM Platform) for what OutcomesMTM, in its sole discretion, deems to be an extended period of time; (ii) OutcomesMTM believes that you have violated any of these Terms of Use; or (iii) you have otherwise acted or failed to act in any manner that OutcomesMTM deems objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of OutcomesMTM to you or any third party in connection with such termination.
  18. Miscellaneous. These Terms of Use and, as applicable, the OutcomesMTM Agreement constitute the entire agreement between you and OutcomesMTM and govern your use of the Site (including, without limitation, the OutcomesMTM Platform). In the event of any conflict between these Terms of Use and the OutcomesMTM Agreement, as applicable, the OutcomesMTM Agreement shall control. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The failure of OutcomesMTM to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site (including, without limitation, the OutcomesMTM Platform) or these Terms of Use must be filed within one year after such claim or cause of action arose.

Effective: June 30, 2016

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