The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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 that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Unsolicited Idea Submission Policy
It is our policy not to accept or consider unsolicited ideas or offers to sell intellectual property. We ask that you please do not submit any such ideas or offers to us or our employees or contractors.
This policy is intended to avoid potential misunderstandings if our technology, products, or services may seem similar to a submission made to the company. If you still choose to make any submission to us, you agree as follows, regardless of any statements made in your submission:
If you are uncertain about the meaning of this policy or the legal ramifications of submitting materials to us, you should consult with your attorney before making a submission.
While visiting our Online Services, you may go to a link to other online websites, mobile websites, platforms, services, and applications (?Weblinks?) and leave our Online Services. For your convenience, we provide Weblinks to other online content or sites that may contain information that may be useful or interesting to you. We do not endorse, nor are responsible for, the content, accuracy or accessibility of the content of Weblinks operated by third parties. You are solely responsible for your dealings with such third parties and should review the Terms and privacy policies of such third parties.
Nothing within these Terms should be meant or implied to be a warranty. You use the Online Services at your own risk. We do not guarantee the accuracy, completeness, timeliness, correctness or reliability of any content available through the Online Services. Online Services are provided to you when available and are provided on an ?as is? basis. We make no representation that use of our Online Services will be uninterrupted or error-free, or free of viruses or other harmful components.
Limitation of Liability
You agree that we have no liability for any loss arising out of, or relating to: these Online Services; any third-party site or program accessed through the Online Services; Any acts or omissions by us or any third party; and/or your access or use of the Online Services. This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory.
This limitation of liability does not apply if you are a New Jersey resident. With respect to residents of New Jersey, any released parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and any released parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.
Other states may also limit liability. If your state does not allow this type of limitation, one or more of the limitations above may not apply to you.
You agree to defend, indemnify, and hold harmless any released parties from any claim by third parties, including reasonable attorneys' fees for counsel of our own choosing, arising out of or related to your breach of the Terms or any copyright infringement, misappropriation, misuse, gross negligence, intentional misconduct, or violation of applicable law relating to your use of the Online Services or Content. You may not transfer or assign any rights or obligations under this Agreement. In any litigation, you will cooperate with us in asserting any available defenses.
You may not use, export, re-export, import, sell, transfer, or proxy our Online Services or Content unless such activity is permitted by these Terms and such activity is not prohibited by United States law, the laws of the jurisdiction in which you receive our Online Services, or any other applicable laws and regulations. In particular, but without limitation, the Online Services and/or Content may not be exported, re-exported or made available in any manner (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By using our Online Services, you represent and warrant that you and any ultimate beneficiary of our Online Services are not located in any such country or on any such list. You also agree that you will not use our Online Service for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
PLEASE READ THIS SECTION CAREFULLY ? IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
No Class Actions. PLEASE READ THIS SECTION CAREFULLY ? IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
Changes to this Section
We will provide 30 days? notice of any changes to this section. Amendments will become effective thirty days after we provide such notice. If a court or arbitrator decides that this subsection on ?Changes to this Section? is not enforceable or valid, then this subsection will be severed from the section entitled ?and the court or arbitrator will apply the first ?Resolving Disputes? section in existence after you began using the Online Services.
This ?Resolving Disputes? section will survive any termination of your account, enrollment in any program, eligibility for coverage, or the Online Services.
Governing Law and Statute of Limitations
You agree that Minnesota law governs these Terms and any claim or dispute that you may have against us, and you agree to the jurisdiction and venue of the state and federal courts in Minnesota for any dispute involving the Company or its employees, officers, directors, agents and providers.
Unless you are a resident of New Jersey, you must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
We may cancel, suspend or block your use of the Online Services and/or registration at any time, without cause and/or without notice. You agree that we will not be liable to you or any other party for any termination of your access to the Online Services in accordance with these Terms.
If any provision of these Terms is held to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, the remaining portions of the Terms will be determined without the unenforceable or invalid provision. All other Terms will remain in full force and effect.
These Terms, and any supplemental terms, policies, rules and guidelines posted on the Online Services, constitute the entire agreement between you and us in connection with the Online Services and supersede all previous written or oral agreements. You acknowledge that we have the right to seek, at your expense, an injunction to stop or prevent a breach of your obligations. No waiver by us will have effect unless such waiver is set forth in writing and signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
Additional Product Information
Expand and learn more about any of the products or services listed below:
Content from our Online Services may include information regarding therapeutic and generic alternatives for certain prescription drugs and may describe uses for products or therapies that have not been approved by the Food and Drug Administration. None of the Content represents or warrants that any particular drug or treatment is safe, appropriate or effective for you, or that any particular health care provider is appropriate for you. Health information changes quickly. Therefore, you should always talk to your health care professionals regarding which drugs or treatment may be appropriate for you.
Optum Financial, Inc. (including Optum Bank, Inc.)
Your use of the Online Services is subject to the applicable policies, notices, and agreements governing your interactions or accounts with Optum Financial, Inc., including but not limited to the Financial Notice of Privacy Practices and your account terms and conditions.
OPTUM HEALTHSAFE IDTM
Termination: Your right to use the Optum HealthSafe ID will terminate, effective immediately upon notice from us: (a) if you fail to comply with any term of these Terms; or (b) in the event of the circumstances described in the subsection entitled "Severability" above. We may terminate your right to use the Optum HealthSafe ID Service at our convenience, for any reason or no reason, effective 30 days after providing you with written notice of our intent to terminate. Upon the termination, you agree to immediately cease all use of the Optum HealthSafe ID. We will not be liable for compensation, indemnity, or damages of any sort as a result of terminating your use of the Optum HealthSafe ID, and such termination will be without prejudice to any other right or remedy we may have, now or in the future.
Cost Estimate Tools (Find Care and Costs) (Pharmacy Tool)
Cost Estimates Are Only Estimates. Cost estimates provided through the Online Services are estimates only and are not a guarantee of the actual cost to you, or payment or benefits from your health plan. The estimates are based on contract rates, fee schedule, and/or claims averages. The average geographic cost estimates are based on average costs for Network providers within your specific geographic market.
Your actual costs may be higher or lower than the estimate for various reasons, including:
No Guarantee on Information Provided. No information provided through the Cost Estimate Tools guarantees plan eligibility, coverage, or payment, or determines or guarantees the benefits, limitations, or exclusions of your coverage under your health plan. You should refer to your coverage documents and contact your health plan for details concerning your coverage, and you should contact your provider to confirm whether they are in the network. State variations in your health plan may impact the estimates available through the Online Services.We do not guarantee that the information you see in the Cost Estimate Tools will be accurate, complete, or up to date.
Costs Not Covered by Your Plan.We are not responsible for the cost of services that are not covered by your plan. Check with your provider and health plan to determine whether procedures, services, or medication are covered. If a care path includes anesthesia services, your cost estimate reflects costs based on the use of a network anesthesia provider. Your actual costs may differ if you receive anesthesia services from an out-of-network provider.
No Changes Effected. Use of the Cost Estimate Tool in no way increases or decreases the benefits under your health plans or employer's benefit plan. Your coverage documents will control in the event of their inconsistency with the Cost Estimate Tool.
Unique Plan Designs Not Currently Fully Supported. Not all plan designs or care are fully supported by the cost estimate tool. Some of the unique plan designs that are not currently fully supported appear below. A future release may better reflect the details of your plan. For specific cost estimates, please contact your provider directly or call the number on your health plan ID card, as the estimates in the Online Services may not be a good predictor of your costs.
Cost Estimates may not apply if:
Mobile Devices and Applications
The following additional terms apply to your access to or use of any mobile application in connection with the Online Services (together with all information and software associated therewith, the "Application" or "Applications") through any mobile device (such as tablets, mobile phones, etc.), and are "Additional Terms" as defined above.
Rights Granted to You. We grant you a limited, non-exclusive, revocable, non-transferrable license to download, install and use the Applications solely for your personal, non-commercial use on a mobile or tablet device owned or controlled by you and only in accordance with the Terms. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license, and not a sale of, the Applications to you.
Additional Restrictions and Notices. You agree that you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Applications. You acknowledge that we may issue an upgraded version of the Applications and may automatically upgrade the Application that you are using. You consent to such automatic upgrading and agree that these Terms shall govern all such upgrades. Our Applications or the Online Services may include third-party code and other software, which is governed by the applicable open source or third-party end user license agreement, if any, that authorizes the use of such code.
Third-Party Terms. You agree to comply with all applicable terms, conditions and agreements between you and any third party that provides products or services that facilitate or enable your use of any Application, and you acknowledge and agree that your use of any Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.
Termination of Your Rights. Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications.
Special Notice for International Use/Export Controls. Any technology or software underlying the Applications or Online Services that is available in connection with the provision of the Online Services and the transmission of applicable data (collectively, the ?Software?), if any, is subject to United States export controls. No Software may be downloaded from the Applications or Online Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Applications and/or Online Services, including as it concerns online conduct and acceptable content.
Apple iOS App. If the Online Services that you use include an Application that you download, access and/or use and that runs on Apple's iOS operating system (an ?iOS App?), you acknowledge and agree that:
In addition, you represent and warrant that:
Google App. If the Online Services that you use includes an Application that you download, access, and/or use from the Google Play Store (?Google-Sourced Software?): (i) you acknowledge that these Terms are between you and us only, and not with Google, Inc. (?Google?); (ii) your use of Google-Sourced Software must comply with Google?s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) we, and not Google, are solely responsible for our Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to our Google-Sourced Software.
Survival and Assignment
Your obligations under the following sections survive termination of this Agreement: Agreement and Terms; Important Note Regarding Content of Digital Property; License to Use the Online Services and Content Ownership; Restrictions on Use of Online Services; Posting Messages, Comments or Content; Copyright Infringement ? DMCA Notice; Unsolicited Idea Submission Policy; Links; No Warranty; Limitation of Liability; Indemnification; Export Controls; Resolving Disputes; Governing Law and Statute of Limitations; Termination; Severability; Miscellaneous; Additional Product Information; and Mobile Devices and Applications. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.
If you have questions regarding these Terms, contact us at 1-800-328-5979.
August 4, 2022