Terms and Conditions of Use
Required Agreement for Users
TABLE OF CONTENTS:
Online Service Agreement
Please read this agreement carefully before accessing or using our Internet service.
By accessing or using our service, you agree to be bound by the terms and conditions
set forth herein, and acknowledge that you understand all terms and conditions.
If you do not agree to be bound by the terms and conditions of this agreement, including
the Privacy Information Notice incorporated by reference here, you are prohibited
from accessing or using our Internet service. The following paragraphs on this page,
in connection with our Privacy Information Notice published at our Web
site describe the terms and conditions by which we offer you access to our
services.
We maintain this site for your personal information, education and non-commercial
use. Use of the terms "our" or "us" or "we" throughout this document shall include
Innoviant, a product of Prescription Solutions, whose parent company is UnitedHealth
Group, Inc., headquartered in Minneapolis, Mn, and/or our subsidiaries, affiliates,
employees, agents, and contractors involved in creating, producing, or delivering
the site to your computer. Products, services and organizations mentioned on the
site are owned and controlled by UnitedHealth Group unless otherwise specifically
noted.
We may modify this agreement at any time with or without notice to you, and such
modification will become effective immediately. We may revise the Terms and Conditions
of Use at any time by updating this site. You are bound by such revisions and therefore
you should review this agreement from time-to-time.
Please feel free to browse, communicate with, and otherwise use the site. At the
same time, please keep in mind that your access to this site is subject to the terms
and conditions we establish ("Terms") as well as all applicable laws.
No Warranties
We use reasonable methods to include accurate and up-to-date information on the
site. We do not warrant that access to this Web site be uninterrupted
or error free. You agree to use our site on an "AS IS" and an "AS AVAILABLE" Basis.
Because of the possibility of human and mechanical error as well as other factors,
we disclaim any implied warranty of any kind, including representation about its
accuracy, completeness, appropriateness or fitness for a particular purpose, merchantability,
non-infringement of third party right, and freedom from computer virus. Please note
that some jurisdictions may not allow the exclusion of implied warranties so some
of the above exclusions may not apply to you.
You assume full responsibility for using the information on this site, and you understand
and agree that we are neither responsible nor liable for any claim, loss, or damage
resulting from its use. All faults as to satisfactory quality, performance, accuracy
and effort remain with you.
Usernames and Passwords
The username and password you create is for your use only and will give you access
to secured areas of the site. By giving us the personal information necessary to
create a username and password you are opting in to the collection and use of your
personal information by us or our contracted service providers. Without your unique
username and password, you will be unable to access these secured areas. If you
disclose this username and password to anyone else, they may be able to access the
Explanation of Benefits (EOB) information for you and your dependents. The act of
your sharing of your username and password will be deemed to be authorization of
this disclosure.
If you are not the person whose member ID number is being used to access information
on our system, please be advised that this may constitute a fraudulent act. The
Identity Theft and Assumption Deterrence Act of 1998, makes identity theft a federal
crime with penalties up to 15 years imprisonment and a maximum fine of $250,000.
(Title 18 USC 1028)
Your Idea Submissions to Our Site
Apart from personal information, which we address through our Privacy Statement,
information you submit to us through our site or otherwise, will become and remain
our property. You agree that we are free to use, for any purpose, any ideas, concepts,
expertise, or techniques contained in the information you provide.
Your use of this site allows us to gather certain limited information about you
and your usage of the site. You agree and consent to our use of such information
in aggregated form. Innoviant shall use such information in compliance with applicable
law and the privacy statement located on this Innoviant Web site.
Product Descriptions
The product descriptions if any provided on this Web site are not intended
to constitute offers to sell or solicitations in connection with our products and
services. Some products may not be available in all jurisdictions. If you are interested
in a particular product, please contact us for a complete description of the product,
its availability, and any limitations that may apply.
Any summary of services contained within this Innoviant Web site is general in nature
only. The actual provision of services is determined and governed by the terms and
conditions of the service agreement contracts supplied by Innoviant.
Our mention of specific products or services at this site does not constitute or
imply a recommendation or endorsement by us, unless we explicitly state it.
Downloading Software from our Site
We may allow you to download some software from our site. We license the software,
including all files, images, and data it contains or generates (collectively called
"software") to you only for your own personal use. We do not transfer the title
to the software to you; we retain full and complete title and all intellectual property
rights therein. You may not sell, distribute, decompile, reverse engineer, dissemble
or otherwise reduce the software to any other form whatsoever.
Links
We provide links to other sites solely as pointers to information on topics that
may be useful to you. Innoviant does not endorse, investigate, verify, or monitor
the content, accuracy, or opinions expressed on other Internet sites hyper-linked
to this Innoviant Web site, nor does the information found on these sites necessarily
represent the views of Innoviant. We also do not warrant that these sites are free
from any claims of copyright, trademark, or other infringement of the rights of
third parties, or that such sites are free of computer viruses.
If you try one of these links, you will leave our site (but you can return with
your browser's "back" button).
Notice: no link, be it hypertext, text, banner, logo or a contextual link may be
made to any part of this Site without the prior written permission of Innoviant.
Health Content
The information on these sites is not a substitute for professional health care,
nor is it in any way to constitute medical advice and should not be relied upon
for medical diagnosis or treatment. You should never disregard medical advice or
delay in seeking it because of something you have read on these sites. For personal
medical guidance, please consult your physician.
In the event of an emergency, seek immediate medical attention from your physician.
It is our policy to provide reliable and current information about general health,
the maintenance of health and a wide variety of diseases and medical conditions.
We will not make claims of therapeutic benefit without reasonable, research-based
evidence, or deliberately provide false or misleading information, whether provided
by us or obtained from others.
The information provided through these links about current medical procedures, services,
pharmaceuticals, medical devices and other treatment and therapies may not be covered
under your health plan and is not meant to represent terms of your health plan,
nor does it imply coverage in any way.
Use of Web Site Content
You are hereby granted a nonexclusive, nontransferable, limited license to view
and use information retrieved from this site provided solely for your personal information,
education, and non-commercial use, and provided you do not remove or obscure the
copyright notice or other notices.
Except as expressly stated, no part of this site, including but not limited to materials
retrieved therefrom and the underlying code, may be reproduced, downloaded, disseminated,
published, stored or transferred, in any form or by any means, without our written
permission. Any special rules relating to the use of certain content on the web
site shall be stated elsewhere on the site, and are incorporated here by reference.
The web site content is protected under US and foreign law. All right, title and
interest (including all copyrights, trademarks and other intellectual property rights)
of this site belongs to and is controlled exclusively by us. In addition, the names,
images, pictures, logos and icons identifying our products and services are proprietary
marks that belong to us. Except as expressly provided, nothing contained herein
shall be construed as conferring any license or right, by implication, estoppel
or otherwise, under copyright or other intellectual property rights. All rights
not expressly granted are reserved to us and our affiliates.
You are here notified that any inappropriate use of our web site content may result
in restricting your ability to access and use this site. Further, we may require
that you destroy all information obtained from the site. Depending upon the severity
of the violation, we may report you to authorities.
Governing
Law; Legal Jurisdiction; and Statute of Limitations
The laws of the State of Wisconsin govern this Agreement, without regard to conflict
of law principals, your access to and use of our site and the Terms of this Online
Service Agreement. You submit to the exclusive jurisdiction of the courts in the
State of Wisconsin and waive any jurisdictional venue or inconvenient forum objections
to such court.
Before seeking legal recourse for any harm you believe you have suffered from your
access to our site, you agree to give us written notice specifying the harm and
30 days to cure the harm after providing such notice. In the event that you believe
our site has irreparably harmed you, you agree to inform us and to give us thirty
(30) days to cure the harm before initiating any action. You must initiate any cause
of action within one (1) year after the claim has arisen, or you will be barred
from pursuing any cause of action.
By maintenance of this Innoviant Web site, UnitedHealth Group shall not be considered
to be subject to the jurisdiction of any governmental authority in which the user,
any linked site or vendor or Internet provider resides.
The governing law of other sites Innoviant links to will vary. By signing this agreement,
you acknowledge that the management of these sites may designate their own governing
law and legal jurisdiction and agree that they may determine governing law and legal
jurisdiction at will and in their own discretion.
The Digital Millennium Copyright
Act
Innoviant may terminate your access to our online services if we determine in our
sole and absolute discretion that you are involved in infringing activity, including
alleged acts of first-time or repeat infringement, regardless of whether the material
or activity is ultimately determined to be infringing. Innoviant and its service
providers (including linked sites) accommodate and do not interfere with standard
technical measures used by copyright owners to protect materials. You should assume
that the materials found on this site and linked sites are copyrighted and must
honor those copyrights. You may not sell, reproduce, distribute, modify, display,
publicly perform, prepare derivative works based upon, report or otherwise use any
material for any public or commercial use.
We have implemented procedures for receiving written notification of claimed infringements
and for processing such claims in accordance with the Digital Millennium Copyright
Act. Any written notice regarding any infringement of copyright or of any other
proprietary rights should be sent to customer service and should include the following
information:
- A physical or electronic signature or a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed or the person defamed.
- Identification of the copyrighted work claimed to have been infringed or if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the
subject of infringing activity, including information reasonably sufficient to permit
us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address,
telephone number and/or electronic mail address.
- A statement that you have a good faith belief that the use of the material in
the manner complained of is not authorized by the copyright or other proprietary
right owner, its agent, or the law
If you choose to access this Web site from outside the United States, you do so
on your own initiative and are responsible for compliance with US and local laws,
if and to the extent that local laws are applicable. Software is subject the US
export controls. No software may be downloaded or otherwise exported or re-exported
into or to a national resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or
any other country to which the US has embargoed goods, or to anyone on the US Treasury
Department list of Specially Designated Nationals or the US Commerce Department's
Table of Deny Orders. You represent and warrant that you are not located in, under
the control of, or a national resident of any such country or on any such list.
Minors & Child Online Privacy
Protection Act
We provide this site as a service to our registered users and to adult guests. We
do not intend to attract children to our site or to gather activity information
regarding users who may be children. If you allow your minor child or a child for
whom you are legal guardian to access and use our online services, you are solely
responsible for their access and use, online conduct, and any consequences.
Children should be supervised by an adult User when on this Site because the content,
although not harmful, can be complicated and difficult to understand. If a User
allows their minor child or a child for whom the User is a legal guardian to access
and use our online services, the User is solely responsible for their access and
use, online conduct, and any consequences.
Legal Advice
The information and materials contained in this Innoviant Web site are offered for
informational purposes only. It is not intended to be nor does it constitute legal
advice. For specific questions about your company's legal obligations contact your
own legal counsel.
Online Service Agreement Termination
Either party may cancel this Agreement at any time, though the terms and conditions
agreed to during the term of this agreement will survive termination of the agreement.
We may immediately issue a warning, temporarily suspend, indefinitely suspend, or
cancel our Agreement with you and your access if, in our sole discretion, you breach
this Agreement. Upon termination of this Agreement, you agree to destroy all materials
obtained from our site, as well as all related documentation, copies, and installations,
whether or not made under this Agreement.
Limitations on Liability
By using our site, you accept at your own risk that the Internet may not perform
as intended despite our best efforts, your best efforts, and the best efforts of
our and your Internet service providers.
We will not be liable for any delay, difficulty in use, inaccuracy or incompleteness
of information, computer viruses, malicious code, loss of data, compatibility issues,
or other technical issues. Furthermore, we will not be liable if someone has advised
us of the possibility of such damages or loss, and/or someone has informed us of
a problem with the site or its content.
In no event will Innoviant, its subsidiaries or affiliates, employees, officers,
directors, agents, licensors and suppliers, be liable for any damages as a result
of your using this site. These damages include without limitation, direct, indirect,
special, consequential, incidental, or punitive damages. You use the site at your
own risk.
We are not liable for losses, expenses, or taxes (1) Arising in connection with
this Innoviant Web site or its links, (2) Arising out of the use of or inability
to use the information or materials contained within this Innoviant Web site, or
(3) Arising in connection with any failure of performance, error, omission, interruption,
defect, delay in operation or transmission, computer virus or line or system failure,
even if Innoviant is advised of the possibility of such damage, loss, expense, or
tax. Innoviant is not responsible for any manipulated, altered, revised or printed
versions of the information and materials provided within this Innoviant Web site
or any linked site.
Site System Integrity
You may access this Web site and our system for noncommercial, ordinary purposes.
You may not use any device, software, routine or agent to interfere or attempt to
interfere with the proper working of our site. You may not take any action, which
imposes an unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your password to or with third parties or use your
password for any unauthorized purpose. You may not attempt to log in with a User
ID other than your own.
We do not guarantee continuous, uninterrupted access to our services and operation
of our site. Numerous actions beyond our control may interfere with our site.
Integration and Severability
In the event that we fail to enforce any of our rights under this Agreement, or
applicable laws, it shall not constitute a waiver of such right or any other right(s).
Any rights not expressly granted herein are reserved.
This Agreement and its companion Privacy Statement constitute the entire agreement
between you and us pertaining to our site.
A court, or other tribunal of competent jurisdiction, may hold that a provision
of this Agreement is unlawful, void, or for any reason unenforceable. In that event,
the provision will be deemed severable from this Agreement and not affect the validity
or enforceability of the remaining provisions. We will replace the unenforceable
provision by an enforceable provision that comes closest to the intention of the
underlying unenforceable provision.
Contact Us
We invite you to contact us through the Internet. We will respond to you promptly--generally
within 24 to 48 hours from original receipt. However, where circumstances warrant,
additional time is allowed.
Last modified January 27, 2009
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