Terms and Conditions of Use UMR's
Internet Site
Required
Agreement for umr.com Users
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 www.umr.com describe the terms and
conditions by which we offer you access to our services.
We maintain
this site for you to use appropriately and within the scope of your lawful
interest.
Use of the terms "our" or "us" or
"we" throughout this document shall include UMR and/or our
subsidiaries, affiliates, employees, agents, and contractors involved in
creating, producing, or delivering the site to your computer. The parent company
of UMR is UnitedHealthcare, with headquarters in
Minneapolis, MN. Products, services and
organizations mentioned on the site are owned and controlled by UnitedHealthcare
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.
Our
Organization
Our Web site links to UMR service
organizations including Avidyn Health, Innoviant, JW Hutton, BP Inc., and
ppoONE. Our Web site also links to contracted vendors that are not part of
UnitedHealthcare, including Protocol Driven Healthcare, Inc. (PDHI) and Subimo.
You will be notified when Terms and Conditions of access and use change. We also
link to certain Web sites operated by organizations that we are not contracted
with.
No
Warranties
We use reasonable methods to include accurate and
up-to-date information on the site. We do not warrant that access to www.umr.com will 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 or supplying us with reliable means
to contact you should you agree to certain services. 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 social security or 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. UMR shall use such
information in compliance with applicable law and the privacy statement located
on this UMR Web site.
Product
Descriptions
The product descriptions if any provided on http://www.umr.com 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 select “Sales” from our
contact us page for a complete description of the product, its availability, and
any limitations that may apply.
Any summary of services contained within
this UMR 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 UMR.
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.
Advertising
UMR may display
all of its brands on the Web site. UMR does not accept funding from any outside
source for advertising or sponsorship on our Web site.
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. UMR does not endorse, investigate, verify, or monitor the
content, accuracy, or opinions expressed on other Internet sites hyper-linked to
this UMR Web site, nor does the information found on these sites
necessarily represent the views of UMR. 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 UMR.
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, nor will we deliberately provide false or misleading information,
whether provided by us or obtained from others. Self-assessment tools will
include a description of the evaluation process as well as the date of the last
review or update.
We will
disclose the names of the author and/or sources of all health content, and the
date the content was created or updated. Further, we will also disclose
commercial sponsors of health content if applicable. Where we allow registered
nurses to provide services to users, we will design our Internet health services
to enable registered nurses to adhere to professional ethical principles in the
online environment. We will provide the credentials, qualifications, and
professional licensure of persons responsible for providing services to users on
our health Web Site, if applicable. All health professionals involved in
providing services to users and health content are required to submit their
professional license upon hire and thereafter as applicable by licensure
guidelines so that we are notified of licensure maintenance.
Health Content from
Sources Other than UMR
We will clearly
indicate when the site you are visiting for health content is an outside source.
When you use any of these sources, you are subject to their terms and
conditions, including their privacy statment.
Protocol Driven
Healthcare, Inc. (PDHI)
If this is a menu option, UMR will
transfer you seamlessly to this secured site, which is not part of the UMR site,
nor owned or controlled by UnitedHealthcare. When you use the PDHI site, you may
then be subject to their terms and conditions, privacy policy and related items.
You will be required to accept these terms before entering and using this site.
When you provide you or your covered
dependent’s personal information and preferences on the Protocol Driven
Healthcare, Inc. site, you will be able to access customized tools to help you
track and manage your own health. Your information will be used to personalize
the Protocol Driven Healthcare, Inc. site as well as your own secured Personal
Home Page. Your information may also be used to identify you as a potential
candidate for one of UMR's health management programs. Information you enter
onto the site may be viewed by our health care professionals in order to assist
them in helping you manage any health conditions you may have. By approving this
agreement, you are authorizing access for such purpose. By continuing on from
this point, you agree that UMR may share information with Protocol Driven
Healthcare, Inc., and likewise, that Protocol Driven Healthcare, Inc. may
provide your data back to UMR. Any information provided by you to Protocol
Driven Healthcare, Inc. is subject to Protocol Driven Healthcare, Inc.’s terms
and conditions which we recommend you read and understand. Your information will
not be sold or used for marketing purposes.
PDHI Chat Rooms and Forums:
This shall apply specifically to the
chat rooms named in the Links - Interactive Health and Wellness section of this
agreement and shall apply in whole or in part. Chat rooms shall be defined as a
web space provided for the use of various simultaneous users that is operated in
a public forum. This forum is not confidential nor is it proprietary. You are
hereby notified that the chat room may be monitored or recorded.
Respect for others is required. If
you use a chat room, you are solely responsible for your own communications and
the consequences of posting those communications. We do not assume any
responsibility for the consequences of any chat room communications on or
arising from use of the web space. In cases where you feel threatened or believe
someone else is in danger, you should contact your local law enforcement agency
immediately. In
consideration for being allowed to use the chat rooms, you agree that the
following actions shall constitute a material breach of these Terms and
Conditions of Use:
-
Disrespecting the privacy and
views of others;
-
Using the Web Site for commercial
purposes, including the promotion of any specific goods or services;
-
Posting obscene, defamatory,
harmful or knowingly false information;
-
Using the Web Site for unlawful
purposes;
-
Impersonating another person;
-
Allowing any other person or
entity to use your identification to post or view comments; and
-
Posting material that infringes on
the copyright or other intellectual property rights of others or the privacy
and publicity rights of others.
Use the chat
rooms at your own risk. We are not responsible in any way for the information
compiled in the chat room, however we reserve the right to remove or censor
communications or users from the chat room that are or can be alleged offensive,
illegal or otherwise inappropriate. Such action will be taken without notice. We
do not screen communications in advance and are not responsible for screening,
editing, or monitoring material posted by users or any other person or entity.
Subimo Web
Site
If this is a
menu option, you will be transferred seamlessly to this secured site, which is
not a part of the UMR site, nor owned or controlled by
UnitedHealthcare. When you use the Subimo Web site, you may then be subject to
their terms and conditions, privacy policy and related terms. You will be
required to accept these terms before entering and using this
site.
Important
Notice on Other Web Sites
UMR is not wholly responsible for
the Health Content contained on these outside Web sites. This information is
provided as a service to our clients. 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 or 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 by 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 UMR Web site, UMR 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 UMR links to will vary. By accepting 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
UMR 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. UMR 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@wausaubenefits.com 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 www.umr.com 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
UMR 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 UMR, 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 UMR
Web site or its links, (2) Arising out of the use of or inability to use the
information or materials contained within this UMR 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 UMR is advised of the possibility of such
damage, loss, expense, or tax. UMR is not responsible for any manipulated,
altered, revised or printed versions of the information and materials provided
within this UMR Web site or any linked site.
Site System
Integrity
You may access umr.com 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.