Terms of Use
IMPORTANT NOTE REGARDING WEBSITE CONTENT
The information and content (collectively, “Content”) on this website is for your general
educational information only. The Content cannot replace the relationship that you have with
your health care professionals. The Content on this website should not be considered medical
advice. If you are experiencing a medical emergency, you should not rely on any
information on this site 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 drugs or treatment may be appropriate for you.
None of the information on this website represents or warrants that any particular drug or
treatment is safe, appropriate or effective for you. Health information changes quickly.
Therefore, it is always best to confirm information with your health care professionals.
This website is intended for a U.S. audience. If you live outside the U.S., you may see
information on this website about products or therapies that are not available or authorized in
your country.
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 Food and Drug Administration. This Content is for informational, cost-comparison
purposes only. It is not medical advice and does not replace consultation with a doctor,
pharmacist or other health care professional. Talk to your health care provider to determine if an
alternative prescription drug is right for you.
Required Disclosures
Read more about required disclosures and information relating to your use of this website.
Agreement and Terms
These website Terms of Use (“Terms”) describe the rules for using this website. These Terms
constitute a legally binding agreement between you, the person using this website, and
USHEALTH Group, Inc. If you are helping another person use this website, these Terms
constitute a legally binding agreement between both the helper and the person being helped and
USHEALTH Group, Inc. Terms such as “we” or “our” and “Company” refer to USHEALTH
Group, Inc. and its affiliate entities.
By using this website, you agree to the most recent Terms as well as the most recent version of
our Privacy Policy. We may change these Terms at any time, and such changes will be posted on this or a similar page of this
website. It is your responsibility to review these Terms each time you use this website. By
continuing to use this website, you consent to any changes to our Terms.
By using this website, you acknowledge and agree that any activity on this website 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 or any of its affiliates, for example
regarding health plan coverage with one of the Company’s licensed insurance company
affiliates, then these Terms are in addition to the terms of such other agreement. Neither entering
into this agreement, nor visiting this website, nor any of these Terms, guarantees that you are
eligible to receive coverage from us for any plan offered through this website or otherwise.
License to Use This Website and Content Ownership
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive,
revocable, limited license to view the Content on the website for the sole purpose of collecting
information regarding plans offered by our affiliated insurance carriers, and related activities
such as, if permitted on this website, applying to enroll in a plan. You may also print a
reasonable number of copies of the Content for your personal use, but in such case you must
reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to
the website, including 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 on the website, 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
nonpersonal, nonconfidential (except for personal information as described in our Privacy
Policy) 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 websites operated by the Company include 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.
Restrictions on Use of This Website
You agree:
- not to use this website or content in any way not explicitly permitted by these Terms or
the text of the website itself; - not to copy, modify or create derivative works involving the content, except you may print a reasonable number of copies for your personal use;
- not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or enrollment application page;
- not to take any action intended to interfere with the operation of this website;
- not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
- not to share any password assigned to you with any third parties or use any password granted to 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 this website or the Content. You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age, a parent and/or guardian agrees to these Terms on your behalf.
Posting Messages, Comments or Content
Certain portions of this website may be configured to permit users to post messages, comments,
or other content. Any such content is only the opinion of the poster, is no substitute for your own
research, and should not be relied upon for any purpose. You agree not to post any content:
- which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or
otherwise objectionable; or - the transmission of which could violate, or facilitate the violation of, any applicable law,
regulation, or intellectual property rights.
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 or any other site visitor. 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 or in a good faith belief that such access, preservation, or disclosure is
required by law or in the best interests of the Company.
Any content you submit is for noncommercial use only. Any content you submit will be routed
through the internet and you understand and acknowledge that you have no expectation of
privacy with regard to any content you submit. Never assume that you are anonymous and
cannot be identified by your posts.
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.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners
who believe that material appearing on the internet infringes their rights under U.S. copyright
law. If you believe in good faith that Content or material on this site 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: [email protected] or,
alternatively to: USHEALTH Group, Inc. Attn: Legal Department, 300 Burnett Street, Suite 200,
Fort Worth, Texas 76102.
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 site should be sent to the address above.
Changes to Website Content
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, such as participating health care providers, pricing
information or other Content, may not be accurate or up to date. In addition, please note that
features of any plan or plans described in this website may change over time as permitted by law,
including benefit levels, items included in any formulary, pricing or lists of participating
providers or other associated vendors.
Links
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 WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS
AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING
CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR
INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-
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 NONINFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE
THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-
RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY
INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF
COVERAGE IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE
NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL
PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN
FROM THIS WEBSITE IS 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.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE
FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS
WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON
WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL
THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-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 WEBSITE-
RELATED-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. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME
STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-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 WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-
RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU
ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
The foregoing limitation of liability is not applicable to residents of New Jersey. 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.
You acknowledge and agree that Company’s suppliers and vendors are third-party beneficiaries
of these Terms, with the right to enforce the limitations of warranty and liability set forth herein
with respect to the respective technology of such suppliers and Company.
Governing Law and Statute of Limitations
The laws of the state of Texas 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 Texas, 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.
Unless you are a resident of New Jersey, 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.
Contact Us
To contact us regarding these Terms or the operation of the website itself, visit the Contact Us page.
Effective Date
The effective date of these Terms is March 4, 2020.
Additional Terms
Your obligations under the following sections survive termination of this agreement: Important
Note Regarding Website Content; Agreement and Terms; portions of License to Use This
Website and Content Ownership; Restrictions on Use of This Website; Posting Messages,
Comments or Content; Copyright Infringement – DMCA Notice; Changes to Website Content;
Links; 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, indemnify, website-related-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 or website. 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.