IF YOU HAVE RECENTLY PURCHASED THE PROGRAM AND YOU DO NOT AGREE TO THESE TERMS, YOU MAY RETURN THE PROGRAM WITHIN THE RETURN PERIOD TO THE AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND.
IMPORTANT NOTE REGARDING PROGRAM CONTENT
The information and content that is made available to you through the Program, including Third Party Materials (as defined below) (collectively, “Content”) is for your general educational information only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content is not intended to be and should not be considered medical advice. If you are experiencing a medical emergency, you should not rely on the Content or the Program and should seek appropriate emergency medical assistance, such as calling “911.” You should always talk to your health care professionals for diagnosis and treatment, including information regarding which treatment may be appropriate for you. None of the Content represents or warrants that any particular treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.
The Content and Program is for informational purposes only. It is not medical advice and does not provide medical advice, diagnosis or treatment recommendations. It is not a substitute for your physician’s or other health care professional's care and is not intended to diagnose, treat, cure, or prevent any disease. Consult your physician or other health care professional to discuss how the information provided through use of this product is right for you.
Agreement and Terms
These Terms constitute a legally binding agreement between you, the person using the Program, and Optum. If you are helping another person use this Program, these Terms constitute a legally binding agreement between both the helper and the person being helped and Optum. Terms such as “we” or “our” and “Company” refer to Optum and its affiliate entities.
By using the Program, you acknowledge and agree that any activity on this website or through the Program is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law.
If you enter into any other agreement with the Company, for example regarding another product that you purchase, then these Terms are in addition to the terms of such other agreement.
License to Use and Content Ownership
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content for the sole purpose of collecting information regarding the Product and for accessing Product Content. All rights, title and interest in and to the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall 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 the Content available to you, granting the foregoing licenses or entering into this Agreement.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Some Content includes trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
As part of the Program, you will have access to coaching or other support through the phone number provided in the Program kit (“Coaching Support”). Coaching Support is available Monday through Thursday from 7:00 a.m. to 10:00 p.m. Central Time and Friday from 7:00 a.m. to 7:00 p.m. Central Time. Coaching Support is not available on weekends or on the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving, day after Thanksgiving, Christmas (“Business Hours”). During Business Hours, Coaching Support is available to you for forty (40) days from the date you activate the Program by following the instructions provided with the Program.
Restrictions on use of Content and the Program
- Not to use the Content, or Program in any way not explicitly permitted by these Terms or terms and conditions established by Third Party Service providers;
- Not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
- Not to misrepresent your identity or provide us with any false information in any information-collection portion of the Program, such as a registration page or page where you can purchase our products;
- Not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
- Not to directly or indirectly authorize anyone else to take actions prohibited in this section;
- To comply with all applicable laws and regulations while using the Content. You represent and warrant that you are at least 18 years of age.
THIRD PARTY PRODUCTS AND SERVICES
Use of Coaching Support and any Third Party Services must be completed within one (1) year from the date of purchase (“Expiration Date”). Any unused support or services will expire after the Expiration Date.
ALL CONTENT AND THE PROGRAM ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT OR SUPPORT FOR THIS PROGRAM, (“PROGRAM PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE PROGRAM PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT. THE PROGRAM PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PROGRAM OR THIRD PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PROGRAM, THIRD PARTY MATERIALS, OR THE TECHNOLOGY THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT OR THIRD PARTY MATERIALS YOU MAY OBTAIN FROM THE PROGRAM ARE FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE PROGRAM PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE CONTENT, THE PROGRAM, OR THIRD PARTY SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE PROGRAM PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE PROGRAM PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00 OR, IF GREATER, THE AMOUNT YOU PAID OPTUM FOR THE PROGRAM LESS ANY SHIPPING CHARGES. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE PROGRAM PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, RESULTING FROM ANY USE OF THE CONTENT, THIRD PARTY MATERIALS OR PROGRAM ARE EXCLUDED EVEN IF THE PROGRAM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THE PROGRAM AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE CONTENT, THIRD PARTY MATERIALS, OR THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.
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 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: DMCARegisteredAgent2@optum.com; or, alternatively to: UnitedHealth Group, 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.
Changes to Content
We may change, add or remove some or all of the Content or in the Program at any time.
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 Program, 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 the Program, 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 the Program, 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.
To contact us regarding these Terms or the operation of the website itself, contact us at 1-855-440-5579.
The Effective date of these Terms is 10/19/15.
Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Program Content; Agreement and Terms; portions of License to use Content and Ownership; Restrictions on use of Content and the Program; Copyright Infringement – DMCA Notice; Links; THIRD PARTY PRODUCTS AND SERVICES; NO WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations; Additional terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Program Parties and their subsidiaries, affiliates, officers, directors, employees and agents, harmless from any claim, demand or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content. 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.