These Terms of Use (“Terms”) constitute a legally binding agreement between you, on behalf the employer you represent, and UnitedHealthcare Services, Inc. and its Affiliates (Affiliate is defined as an entity controlling, controlled by or under common control with a named party). Terms such as “we,” “our,” “us,” and “Company” refer to UnitedHealthcare Services, Inc. and its Affiliates. These Terms describe the rules for using this website (referred to as, “Online Services”).
This website is intended for a United States audience only.
This website is not intended for use by minors. By using the website, you represent that you are at least 18 years of age and are otherwise authorized to access the website.
This website is to be used for group insurance enrollment and changes to enrollment. Any person who knowingly and with intent to defraud the Company or other person, files an enrollment containing materially false information, or conceals for the purpose of misleading the company commits a fraudulent insurance act. In New York, this is a crime that is subject to a civil penalty not to exceed $5000 dollars and the stated value of the claim for each violation.
The Online Services may allow you to register by providing an email address and password (your “User ID”), and you may also be able to select a display name or image (“Nickname”) that identifies you on the Online Services. These are your credentials for accessing portions of the Online Services. You agree we have the right to disable and/or delete any Nicknames for any reason in our sole discretion. You are responsible for protecting your User ID. If your User ID or other activation codes you use with the Online Services are compromised, you agree to immediately inform us.
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the content on the website. All rights, title and interest in and to the website, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making content available on the website.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to use the website terminates immediately and the employer group must assign someone new. Upon the termination of this license you must stop using this website, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
You agree:
Certain portions of the website may be configured to permit users to post messages, comments, or other content. You agree not to post any content:
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third-party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, 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. 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 content you supply.
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 this website 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. This request should be sent to:
United HealthCare Services, Inc.
Attn: DMCA Registered Agent
9900 Bren Road East
Minnetonka, MN 55343
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. Notices and counter-notices with respect to the website should be sent to the address above.
We may change, add or remove some or all of the Content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this website may not be accurate or up to date.
While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.
NO WARRANTY
Nothing within these Terms should be meant or implied to be a warranty. You use 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 the items below. This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory relating to:
1. These Online Services;
2. Any third party site or program accessed through the Online Services;
3. Any acts or omissions by us or any third party; and/ or
4. Your access or use of the Online Services.
Some states do not allow a Terms of Use to limit liability. If your state does not allow this type of limitation, one or more of the limitations above may not apply to you.
This limitation of liability does not apply if you are a New Jersey resident. With respect to residents of New Jersey, the Released Parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and the Released Parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.
Governing law and statute of limitations
The laws of the State of Minnesota govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. 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.
We may change these Terms at any time, and such changes will be posted. You can determine when these Terms were last revised by referring to the "Effective Date" listed at the bottom of these Terms. Any modifications will be effective immediately upon such posting. By continuing to use the website, you consent to any changes to our Terms.
You agree to defend, indemnify and hold us harmless from any claim, demand, or damage, including reasonable attorneys' fees, for third party claims arising out of or related to (a) your breach of the Terms; (b) an allegation of infringement or misappropriation arising from or caused by your use of the Website; (c) your gross negligence or intentional misconduct; (d) your violation of applicable law; and/or (e) your misuse or modification of the Website or any content you enter. You may not transfer or assign any rights or obligations under this Agreement. You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations presented in this paragraph. In any litigation, you will cooperate with us in asserting any available defenses.
Your affirmative act of using the Website, or registering on the website, constitutes your consent to enter into agreements with us electronically, and the electronic signature to these Terms. To view and retain a copy of this disclosure or any information regarding your agreement to these policies, 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.
If a court of competent jurisdiction finds any clause of these Terms to be unenforceable for any reason, that clause of these Terms will be enforced to the maximum extent permissible, and the remainder of these Terms will continue in full force and effect.
No waiver of any of these Terms is deemed a further or continuing waiver of any other term or condition.
Your obligations under the following sections survive termination of this Agreement: Copyright Infringement - DMCA Notice; NO WARRANTY; LIMITATION OF LIABILITY; Governing Law and Statute of Limitations.
To contact us regarding these Terms of Use or the operation of the website itself, contact us at: 1-800-844-6222.
The Effective Date of these Terms is June 19, 2019.