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Terms of Use

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Agreement and Terms

These Terms of Use (“Terms”) describe the rules for using Optum Services (Ireland) Limited (also “Optum”, “‘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”). We are registered in Ireland under company number 579794 and have our registered address at Block C, One Spencer Dock, Dublin 1.

By using our Online Services, you agree to these Terms and our Privacy Policy. 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 European Medicines Agency or other applicable medicines regulator in your jurisdiction.

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, if applicable, 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, if applicable, 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 web pages or other services from the Online Services and, 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 18, 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, defamatory, 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 activities, 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.

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:

  • 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 seek legal advice 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.

Limitation of Liability

To the fullest extent permitted y applicable law, 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.

Indemnification

You agree to defend, indemnify, and hold harmless any released parties from any claim by third parties, including reasonable legal 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 laws in which you receive our Online Services, or any other applicable laws and regulations.

Governing Law and Statute of Limitations

You agree that these Terms and any claim or dispute that you may have against us are governed by Irish law, and you agree to the jurisdiction and venue of the courts in Ireland for any dispute involving the Company or its employees, officers, directors, agents and providers.

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 applicable laws and regulations. No Software may be downloaded from the Applications or Online Services or otherwise exported or re-exported in violation of applicable 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:
    • You are not, and will not be, located in any country that is the subject of a government embargo or that has been designated by government as a “terrorist supporting” country;
    • You are not listed on any government list of prohibited or restricted parties; and
    • 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; Unsolicited Idea Submission Policy; No Warranty; Limitation Of Liability; Indemnification; Export Controls; 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: information_governance@optum.com

Effective Date: [11TH November 2021].