PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. The Terms and Conditions of the OptumHealthEducation.com website, managed by Distance Learning Network, Inc. ("OptumHealth", "OptumHealth Education", the "Site", "us", or "we"), as well as the OptumHealth Education Privacy and Security Policy describe the terms and conditions ("Terms") under which we offer you access to our services. By using these services, you signify your agreement to these Terms. If you do not agree to these Terms, please do not use these services. OptumHealth may revise and update these Terms at any time. Your continued use of the OptumHealthEducation.com website will mean you accept those changes.
OptumHealth Education Is for Informational Purposes Only
I. Your Responsibilities as an OptumHealth Education User
Obtaining and maintaining the equipment necessary to access and to use OptumHealth Education's services (computer hardware, telephone line, etc.) is your responsibility. You also are responsible for maintaining the confidentiality of your user identification and password. 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 Name other than your own. As part of this agreement, you also are expected to contact OptumHealth Education immediately in the event that unauthorized use of your account occurs or if you suspect that it does. You grant OptumHealth and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.
You may access our Site for normal use. 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.
II. Links to Other Web Sites; Advertising
While visiting our Site, you may leave the Site and access certain non-OptumHealth sites. We provide links to other Web sites to information on topics that may be useful to you. We do not endorse, and are not responsible for the content and accuracy of these sites. 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. We are also not responsible for the contents of any site linked to our site. Please read the privacy statements, terms and conditions, and any other legal disclaimers or web pages of the link sites that you visit.
You agree and recognize that OptumHealth Education may agree to advertising on the Site, including but not limited to certain response to search terms. OptumHealth Education's acceptance of any advertisement is not an endorsement or recommendation of the product and/or service advertised, or for the company that manufactures, distributes or promotes such product or service. If you choose to click on an advertisement, OptumHealth Education is not responsible for the content on the advertiser's site.
III. Your Posting, Transmitting, and Uploading of Material; Inappropriate Use
OptumHealth Education reserves the right to review any posting, transmitting, or uploading ("Posting") of any sort of text, photograph, video, audio or any other sort of content ("Material") prior to its submission to the Site, and to deny or remove it without prior notice in OptumHealth Education's sole discretion.
OptumHealth Education's Site visitors are prohibited from Posting any Material that is unlawful, illegal, threatening, libelous, defamatory, hateful, obscene, inflammatory, pornographic, criminal, profane, or any Material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate the law. This includes, but is not limited to, any Material to which you do not have the rights or violates trademark, copyright, privacy, or the rights of another person(s).
By Posting any Material, you grant to OptumHealth a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the Material. You further agree that any Material you Post is free of viruses, worms, Trojan horses, spyware, or other codes that manifest contaminating or destructive properties.
OptumHealth Education is not responsible for any material Posted, and you should exercise caution when Posting any personal information. Any Material you share in a Posting is by design open to the public and is not a private, secure service.
IV. Ownership, License, and Restrictions on Use of Content
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to us or our licensors. We grant you a nontransferable, limited license to view and use this Site only for your personal information, education or other non-commercial use. OptumHealth authorizes you to download a single copy of the material on this Site solely for your personal, noncommercial use
This Site and its content are protected by copyright under both United States and foreign laws. Any use of the Site and its content not explicitly permitted by these Terms is a breach of these Terms and may violate the law, and if you violate these Terms, your permission to use the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the Site content. All rights not expressly granted herein are reserved to OptumHealth and its licensors.
V.Disclaimer of Warranty; Limitation of Liability
Although OptumHealth Education makes reasonable efforts to include accurate and up-to-date information on our Site, the information you access through this Site is provided "AS IS" and without warranty, express or implied to the fullest extent permissible pursuant to applicable law, OptumHealth Education disclaims all express or implied warranties related to this Site, included but not limited to implied warranties for merchantability and fitness for a particular purpose. OptumHealth Education makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information accessed through our Site, nor does it make any warranties regarding the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools. OptumHealth Education assumes no liability or responsibility for any errors or omissions in the content of this Site.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In addition, some of our content may not apply to you.
By using the OptumHealth Education Site, you agree not to rely solely on any of the information contained herein. Under no circumstances shall OptumHealth Education be liable for your reliance on any such information, nor shall OptumHealth Education be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in this Site or the materials in any site linked to the OptumHealth Education Site. Your use of the OptumHealth Education Site is at your own risk. OptumHealth cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using OptumHealth tools and services.
OptumHealth Education cannot and does not warrant against human and machine errors, omissions, delays, failures, interruptions or losses, including loss of data. OptumHealth Education cannot and does not guarantee or warrant that files available for downloading from this online Site will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties.
VI. Choice of Laws and Jurisdiction
By using this Site, you expressly agree that these Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflict of laws provisions or your actual state or country of residence. You expressly agree that this Site is only intended for use within the United States. You further expressly agree that exclusive jurisdiction for any dispute with OptumHealth in any way relating to your use of this Site is in the federal or district courts of the State of Minnesota, Hennepin County, and you agree and expressly consent to the exercise of personal jurisdiction in state or federal court in the State of Minnesota, Hennepin County in connection with any such dispute including any claim involving OptumHealth or its affiliates or content providers.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.
As a user of OptumHealth Education, you agree to contact us prior to seeking legal recourse for any harm you believe you have suffered from your access to our Site. In the event that you believe our Site has harmed you, you agree to inform us and to give us thirty (30) days to cure the harm before initiating any action. You also agree that 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.
You agree to defend, indemnify, and hold OptumHealth, its officers, directors, employees, agents, licensors, and vendors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms, whether by act, omission, or negligence, including but not limited to any claims involving intellectual property, marks, or copyrights.
VIII. Complete Agreement; Survival
Unless explicitly provided in this Site, the Terms constitute the entire agreement between you and OptumHealth with respect to this Site. After any termination or expiration of these terms for any reason, the following provisions shall survive: Choice of Laws and Jurisdiction, Indemnity, Your Posting, Transmitting, and Uploading of Material; Inappropriate Use, and Complete Agreement; Survival.
IX. Contacting the Web Site
If you have any questions about these Terms, the practices of OptumHealth Education or any of its services, or your dealings with this Site, you can Contact Us online or via post:
11000 Optum Circle, MN103-0800
Eden Prairie, MN 55344, USA
If you want to contact us to express your dissatisfaction with respect to your health benefits, health plan or insurance, or quality of care, please call the customer service number on the back of your health plan/insurance card, or visit your health benefits website.
Effective as of September 21, 2010