Terms of Use
If you believe you are experiencing a
medical emergency, please call 911.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU
SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE
ONLINE SERVICES.
Agreement
and Terms
These Terms of
Use (“Terms”) describe the rules for using Beaver Medical Group, Part of Optum(also
“‘we,” “us,” “our,” and “Company”) and Affiliates’ (an entity controlling,
controlled by, or under common control with a named party) online and mobile
websites, platforms, services and applications (“Online Services”).
Our Online
Services are intended for a United States audience. If you live outside the
U.S., you may see Content on the Online Services about products or therapies
that are not available or authorized in your country.
By using our
Online Services, you agree to these Terms and our Privacy Policies
We may change these Terms at any time, and such changes will be posted on the
Online Services, with the date of the last revision listed as the “Effective
Date” at the bottom of these Terms. Any modifications will be effective
immediately upon such posting. By continuing to use the Online Services, you
consent to any changes to our Terms.
Your
affirmative act of using the Online Services, or registering for membership,
constitutes your electronic signature to these Terms and your consent to enter
into this agreement electronically. You may print and retain a copy of these
Terms. To print, you will need (i) a device (such as a computer or mobile
phone) with a web browser and Internet access and (ii) either a printer or
storage space on such device.
Important Note Regarding
Content of Digital Property
The
information and content (collectively, “Content”) on the Online Services is for
general educational information only. We are not a health care
provider. We do not recommend any health care service, supply, or
treatment for you. You should call your health care provider if you have
questions, at any time, about your health.
The Content 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.
The Content should not be considered
financial advices, legal advice or tax advice.
You are responsible for protecting your
username (e.g., the email address and password that you provide when
registering for Online Services) or other activation codes, and if they are
compromised, you agree to change your username and password and immediately Contact Us.
Restrictions
on Use of Online Services
You Will
Not:
- Use
our Online Services or Content in any way not expressly permitted by these
Terms;
- Copy,
modify or harvest data, Content, or materials from the Online Services;
- remove
or alter, any copyright or other proprietary rights or notices on the
Online Services;
- Misrepresent
your identity or provide any false information;
- Interfere
with the operation of our Online Services;
- Share
any password with any third parties or use any third-party’s password;
- Engage
in commercial,
competitive, or viral
messaging, or sending of unsolicited advertisements, or similar communications, including harmful computer code, viruses, or
malware;
- Use
the Online Services in any way that could, in our sole judgment, interfere
with any other party's use or enjoyment of the Online Services, impair our
networks or servers, or expose us or any third party to any claims or
liability whatsoever, or use software or other means to access,
"scrape," "crawl," or "spider," any webpages
or other services from the Online Services. If you are blocked from the
Online Services (including by blocking your IP address), you agree not to
implement any measures to circumvent such blocking;
- Directly
or indirectly authorize anyone else to take actions prohibited in this
section; or
- Attempt
to reverse engineer any of the software used to provide the Online
Services.
You
Agree That:
- You
will comply with all applicable laws and regulations;
- You
represent and warrant that you are at least 13 years of age, and that, if you
are between 13 and the age of majority in your state and otherwise not
emancipated, a parent and/or guardian agrees to these Terms on your behalf; and
- We
may take any measures we deem appropriate, in our sole discretion and permitted
by law, to enforce these Terms.
Posting Messages, Comments or Content
You Will
Not:
- Post any improper or inappropriate
content, including that which is obscene, libelous, harassing,
threatening, harmful, inflammatory, invasive of privacy, or otherwise
objectionable, constitutes advertising or solicitation, or violates
applicable law.
You Agree That:
- Any content posted to the Online Services by third parties is only
the opinion of the poster, is no substitute for your own research, and should
not be relied upon for any purpose;
- You
are solely responsible for the content of any postings that you submit. Any
content you submit will be routed through the Internet and you understand and
acknowledge that you have no expectation of privacy regarding that content.
Never assume that you are anonymous and cannot be identified by your posts;
- If you do post content or submit material to the Online Services,
and unless we indicate otherwise, you grant the Company a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media;
- You grant the Company and any of its sublicensees the right to use
the name that you submit in connection with such content, if they choose; and
- You represent and warrant that you own or otherwise control all of
the rights to the content that you post; that the content is accurate; that use
of the content you supply does not violate these Terms and will not cause
injury to any person or entity; and that you will indemnify the Company or its
affiliates for all claims resulting from any content that you supply.
License
to Use Online Services and Content Ownership
Subject
to these Terms, the Company grants you a personal, non-commercial,
non-transferable, non-exclusive, revocable, limited license to view the Content
on our Online Services for the sole purpose of obtaining information regarding
our plans or products and related services. All rights, title, and interest in
and to the Online Services, including the Content, and all intellectual
property rights, including all copyright, trademark, patent, and trade secret
rights will remain with the Company and our licensors and vendors. No ownership
interest is transferred to you or any other entity by virtue of making the
Content available on the Online Services, granting you a license to use Online
Service, or your entering into this Agreement.
We
may terminate this license at any time for any reason. If you breach any of
these Terms, your license to the Online Services and its Content terminates
immediately. Upon the termination of this license, you must stop using the
Online Services, including all Content, and return or destroy all copies,
including electronic copies, of the Content in your possession or control.
Copyright
Infringement – DMCA Notice
The
Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet infringes
their rights under US copyright law. If you believe, in good faith, that
content or material on our Online Services infringes a copyright owned by you,
you (or your agent) may send the Company a notice requesting that the material
be removed or access to it blocked. Notices and counter-notices with respect to
the Online Services should be sent to the applicable address below:
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 that:
- We
owe you no compensation;
- There
is no duty of confidentiality between us and you;
- Your
submission automatically becomes our property, and we may use or redistribute
the contents of that submission in any way for any purpose;
- We
are free to acquire, develop, and sell services and products that may be
competitive to those you offer or suggest; and
- It
is your responsibility to protect your own intellectual property; you should
not make a submission to us if you have concerns about intellectual property.
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.
Links
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.
No
Warranty
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.
Some states do not allow a Terms of Use to have
a “no-warranties” provision, and even though these Terms make no
warranty, if your state does not allow this type of limitation, this paragraph
will not apply to you.
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.
Indemnification
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.
Export
Controls
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.
Resolving
Disputes
PLEASE
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
- Informal Resolution. Before filing a claim in connection with
these Terms or the Online Services, you agree to try to resolve the dispute
informally. Contact legalmail@uhg.com if the dispute is with UnitedHealth
Group, UnitedHealthcare, or Optum; or legal@rallyhealth.com if the dispute is with Rally Health. If
the dispute is not resolved within 30 days of contact, you or we may bring a
formal arbitration proceeding as described below.
- Agreement to Arbitrate. You and we agree to resolve any claims
relating to these Terms, or the Online Services, through final and binding
arbitration, except as indicated below under “Exceptions to Agreement to
Arbitrate” or where prohibited by law. The arbitration will be held in the
state where you live. For residents outside the United States, arbitration will
be initiated in Hennepin County, Minnesota, or a location agreed to by the
parties. You and we agree to submit to the personal jurisdiction of any state
or federal court in the state of Minnesota to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
- How to Opt Out of Agreement to
Arbitrate. If you don’t
agree to arbitrate, you may opt out within 30 days of first agreeing to these
terms by sending a letter to us. The letter must specify your first and last
name, username, mailing address, and state that you are opting out of this
arbitration provision. Send the letter to UnitedHealth Group, Attention: Legal
Intake (MN-008-T502), 9900 Bren Road East, Minnetonka, MN 55343.
- Exceptions to Agreement to Arbitrate. Either you (or we) may assert claims
in the small claims court in Hennepin County, Minnesota or any other U.S.
county in which we have a principal business address, provided that the
informal dispute resolution described above was unsuccessful and the claim is
eligible to be filed. Either party may bring a lawsuit solely for injunctive
relief to stop unauthorized use or abuse of the Online Services or intellectual
property infringement (for example, trademark, trade secret, copyright, or
patent rights) without first engaging in arbitration or the informal-resolution
process described above. The agreement to arbitrate does not apply to (a)
disputes about the existence or extent of your health benefits or coverage or
(b) claims that may not be arbitrated as a matter of law.
Arbitration does apply to all other claims relating to these Terms or the
Online Services including (1) the interpretation, formation, performance, or
breach of the Terms, (2) whether any part of the Terms is void or voidable, (3)
whether a claim is subject to arbitration, and/or (4) whether arbitration has
been waived due to litigation conduct.
- Arbitration Procedures. The arbitration will be conducted by a
single arbitrator, governed by the Consumer Arbitration Rules of the American
Arbitration Association (“AAA”), (www.adr.org/Rules), unless otherwise agreed to by the parties. You may also
obtain the Consumer Arbitration Rules by calling AAA at 1-800-778-7879, TTY
711.
- Arbitration and Attorney's Fees. Payment of all filing, administration,
and arbitrator costs and expenses imposed by AAA will be governed by the Consumer
Arbitration Rules, provided that if you are initiating an arbitration against
us and the value of the relief sought is $10,000 or less, then we will advance
all filing, administrative and arbitration costs and expenses imposed by AAA
(subject to reimbursement if the arbitrator finds the arbitration to be
frivolous or asserted for an improper purpose). You are responsible for all
other additional costs that you may incur in the arbitration, including
attorney's fees and expert witness costs, unless we are otherwise specifically
required to pay such fees under applicable law. The decision of the arbitrator
will be in writing and binding and conclusive on us and you, and judgment to
enforce the decision may be entered by any court of competent jurisdiction. You
agree that dispositive motions, including without limitation, motions to
dismiss and motions for summary judgment, will be allowed in the arbitration.
The arbitrator must follow these rules and can award the same damages and
relief as a court, including injunctive or other equitable relief and
attorneys’ fees. You and we agree not to seek any attorneys’ fees and expert
witness costs unless the arbitrator finds that a claim or defense was frivolous
or asserted for an improper purpose. Applicable law may allow the arbitrator to
award attorneys’ fees and costs to the prevailing party.
- Except
as explicitly provided in these Terms, if any clause within these arbitration
provisions is found to be illegal or unenforceable, that clause will be severed
from these arbitration provisions, and the remainder of the arbitration
provisions will be given full force and effect. The terms of these arbitration
provisions will also apply to any claims asserted by you against any present or
future parent or affiliated company of ours arising out of your use of the
Online Services.
No
Class Actions. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS
- BY
AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO
COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS
ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US AND OUR RELATED PARTIES IN
AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION,
YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS. OTHERWISE, YOU
ARE NOT AUTHORIZED TO USE THE ONLINE SERVICES IN ANY WAY.
- If
any court or arbitrator determines that this “No Class Actions” section is void
or unenforceable for any reason, or that an arbitration can proceed on a class
basis, then the arbitration provisions set forth above will be deemed null and
void in their entirety, and the parties will be deemed to have not agreed to
arbitrate disputes.
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.
Survival
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.
Termination
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.
Severability
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.
Miscellaneous
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.
Mobile 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:
- The iOS App may only be accessed and used on a device
owned or controlled by you and using Apple's iOS operating system;
- These Terms are between you and us, and not with Apple;
- Apple has no obligation at all to provide any support or
maintenance services in relation to the iOS App, and if you have any
maintenance or support questions in relation to the iOS App, please contact
Company, not Apple;
- Except as otherwise expressly set forth in these Terms,
any claims relating to the possession or use of the iOS App are between you and
us (and not between you, or anyone else, and Apple);
- In the event of any claim by a third party that your
possession or use (in accordance with these Terms) of the iOS App infringes any
intellectual property rights, Apple will not be responsible or liable to you in
relation to that claim; and
- Although these Terms are entered into between you and
Company (and not Apple), Apple, as a third-party beneficiary under these Terms,
will have the right to enforce these terms against you.
- In addition, you represent and warrant that:
o
You are not, and will not be, located in any country that
is the subject of a United States Government embargo or that has been
designated by the United States Government as a “terrorist supporting” country;
o
You are not listed on any United States Government list
of prohibited or restricted parties; and
o
If the iOS App does not conform to any warranty applying
to it, you may notify Apple, which will then refund the purchase price of the
iOS App (if any) to you. Subject to that, and to the maximum extent permitted
by law, Apple does not give or enter into any warranty, condition or other term
in relation to the iOS App and will not be liable to you for any claims,
losses, costs or expenses of whatever nature in relation to the iOS App or as a
result of you or anyone else using the iOS App or relying on any of its
content.
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; No Warranty; Limitation of Liability;
Indemnification; Export Controls; Resolving Disputes; Governing Law and Statute
of Limitations; Termination; Severability; Miscellaneous and Mobile 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.
Contact Us
If you
have questions regarding these Terms, contact us at
Beaver Medical Group Privacy Administrator
MN101-E013
11000 Optum Circle
Eden Prairie, MN 55344
privacy@optum.com
Effective
Date: December 18, 2022