- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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)
- 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).
- 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:
- Harm minors in any way;
- Engage in excessive use of the Site which impairs the fair use of others;
- 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;
- 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;
- 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;
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- Intellectual Property.
- 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.
- 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.
- 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.
Effective: June 30, 2016