Read more about required disclosures and information relating to your use of this website.
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.
Terms of Service Agreement to Terms of Service
The followingTerms of Service (“Terms” or “Agreement”) govern your access to and use of the websites, mobile applications, and all other services provided to you by Savvysherpa, LLC (d/b/a UnitedHealth Group Research and Development)and its affiliates, authorized service providers and agents (collectively, the“Company,” “us” or “we” or “our”) in connection with your use of ProtectWell™ and related services, including automated phone tree system support (hereinafter the “Services”). Please read these Terms carefully. Your use of the Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in anyway, please do not use the Services. This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
NOTICE: THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER.
Changes to Terms of Service
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Company’s websites (the “Site”) and/or mobile applications (the “App”). Any use of the Site, App, or Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any claim in law or equity, controversy, or dispute regarding or relating to theseTerms, or in connection with the App, Site, or Services, whether involving contract, tort, equitable, statutory, or any other legal theory, between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), the App,Site, Services, or advertising of any of the preceding, (“Dispute”) that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the Dispute arose.
Part One: Terms Governing Use of the App, the Site and Services
The Services do not comprise an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial “911” or an appropriate emergency responder. Company is under no obligation to monitor or respond to communications made to the Appor the Site.
The App, Site and the Services are intended and only suitable for individuals 13 years of age and older. We do not authorize individuals who are under the age of 13 to use the Site or Services, nor do we direct the Site or Services to those under 13 years of age. Company hereby disclaims all liability for use by individuals under the age of 13.
Term and Termination of Use
Your use of theServices is subject to your employer’s or educational institution’s (such employer or educational institution, as applicable, your “Sponsor”) continued subscription for these Services. Your Sponsor may terminate your access to these Services, your access may be terminated upon the termination of your Sponsor’s subscription, and/or we may terminate or suspend your access at any time, including due to your breach of these Terms or any security concerns.
The App, Site, and Services are intended only as an information tool to assist Sponsors and both registered and unregistered users (collectively, “Users”) of the App, the Site, and the Services to manage a User’s own information regarding testing for infectious diseases that may be not safe in the workplace. The Company does not provide any therapeutic services to individuals. Users should receive care from their own health care providers, and should contact their own health care provider(s)with questions regarding diagnosis, treatment, or medication. The Services are not designed or intended to replace care from a User’s health care provider. To the extent that any health care services are offered to Users of the Services, those health care services are provided by the applicable health care provider and not by the Company. You agree to release the Company from any and all claims, demands, damages and liabilities, of any type and nature, arising out of or in any way connected with the provision of health care services by any provider.
Registration is not required to view certain content on the Site. However, to use App, the Services, and some parts of the Site, you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site,App, or Services, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the App, Site, or Services using your Credentials without your authorization, e-mail us immediately at firstname.lastname@example.org.
The App, Site, and Services are owned and operated by Company. The entire contents and design of the App, Site, and Services are protected by U.S. and international copyright law. All rights regarding the App, Site, andServices and materials contained on or in the App, Site, and Services are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of the App, Site, and Services.
Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing in the App,Site, and Services are the property of their respective owners.
Part Two: Additional Legal Terms
You represent and warrant to us that: (a) you are at least thirteen(13) years of age; and (b) your use of the App, Site, and Services will be in compliance with these Terms.
No Warranties Use of the App, the Site and the Services is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SITE AND SERVICES ARE PROVIDED“AS IS”, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
No advice or information obtained by you from Company or through the App, Site, or Services shall create any warranty not expressly stated in these Terms.
Without limiting the foregoing, Company, its processors, its licensors, its vendors, its business partners, and its affiliates, and any and all health care providers and/or testing labs (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that:
a) the content on the App, Site, or Services is accurate, reliable or correct;
b) theApp, Site, or Services will meet your requirements;
c) theApp, Site, or Services will be secure, uninterrupted, or available at any particular time or location;
d) any defects or errors will be corrected; or the App, Site, or Services are free of viruses or other harmful components.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by athird party through the App, Site, or Services, any hyperlinked website orservice contained on the App, Site, or Service, or featured in any banner orother advertising through the App, Site, or Services, and Company will not be aparty to or in any way monitor any transaction between you and third-partyproviders of products or services.
Limitation of Liabilityand Damages
Your sole remedy fordissatisfaction with one or more of the App, Site, or Services is to stop usingthe App, Site, and Services. You agreethat under no circumstance shall any of Company or any affiliated companyentity, their officers, directors, employees, contractors, agents, andrepresentatives, and any and all of the company’s licensors, vendors, businesspartners, and affiliates, and any and all providers and/or testing labs (andtheir respective subsidiaries, affiliates, agents, officers directors, and employees) (collectively, “CompanyParties”) be liable for any damage resulting from your use or inability touse the App, Site, or Services, or for you and your Sponsor’s decisions basedon use of the App, Site, or Services, including without limitation, decisionsregarding whether or not you should report to work/school, continue to work/remainon campus, or cease working/being on campus. This protection covers claims based on warranty, contract, tort, strictliability, and any other legal theory. Thisprotection covers all losses and claims of any type including, withoutlimitation, direct or indirect, special, incidental, reliance, consequential,exemplary, and punitive damages, personal injury/wrongful death, lost profits,or damages resulting from lost data or business interruption.
If a Dispute of any kind arises, we want to understand andaddress your concerns quickly and to your satisfaction. Please contact email@example.com with any Dispute. If we cannot resolve your concerns, we agreeto an informal and inexpensive Dispute resolution process requiring individualarbitration.
Youand Company agree to arbitrate all Disputes, which are limited to any claimsbetween you and Company that relate in any way to these Terms (including itsbreach, termination, or interpretation), the App, Site, Services, oradvertising of any of the preceding. Thisagreement to arbitrate specifically does not apply to any claims between youand your Sponsor; your relationship between you and your Sponsor may begoverned by a different agreement to resolve disputes. Arbitrationis more informal than a lawsuit in court and seeks to resolve disputes morequickly. Instead of a judge or a jury,the case will be decided by a neutral arbitrator who has the power to award thesame damages and relief that a court can. Any arbitration under thisAgreement will be only be on an individual basis; class arbitrations, classactions, private attorney general actions, and consolidation with otherarbitrations are not permitted, and you are waiving your rights to have yourcase decided by a jury and to participate in a class action against Company.
Ifany provision of this arbitration agreement is found unenforceable, theunenforceable provision shall be severed, and the remaining arbitration termsshall be enforced (but in no case shall there be a class arbitration).
AllDisputes shall be resolved finally and exclusively by binding individualarbitration with a single arbitrator administered by the American ArbitrationAssociation according to this provision and the applicable arbitration rulesfor that forum. Consumer claimants(individuals whose transaction is intended for personal, family, or householduse) may elect to pursue their claims in their local small-claims court ratherthan through arbitration. The FederalArbitration Act, 9 U.S.C. §§ 1-16, fully applies.
Ifyou are a consumer bringing a claim relating to personal, household, or familyuse, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occurin Hennepin County, Minnesota, or another mutually agreeable location, or alocation ordered by the arbitrator.
Thearbitrator’s award shall be binding on the parties and may be entered as ajudgment in any court of competent jurisdiction. If you prevail on any claim for which you arelegally entitled to attorney’s fees, you may recover those fees from thearbitrator. For any claim where you areseeking relief, Company will not seek to have you pay its attorney’s fees, evenif fees might otherwise be awarded, unless the arbitrator determines that yourclaim was frivolous.
Forpurposes of this arbitration provision, references to you and Company alsoinclude respective subsidiaries, affiliates, agents, employees, predecessors,successors, and assigns.
Subjectto and without waiver of the arbitration provisions above, you agree that anyjudicial proceedings (other than small claims actions in consumer cases) willbe brought in and you hereby consent to the exclusive jurisdiction and venue inthe state courts in Hennepin County, MN, or federal court for the District of Minnesota.
Informationprovided on the App, Site, or Services is not targeted to Users in anyparticular locality nor is it intended to constitute the doing of business inany jurisdiction.
The App, Site,and Services are provided by Company and do not constitute any contact with anyjurisdiction outside the State of Minnesota. Use of the App, Site, or Services is prohibited in any jurisdictionhaving laws that would void this Agreement in whole or essential part or whichmakes accessing the App, Site, and/or Services illegal. Users in such jurisdictions visit and use theApp, Site, and Services entirely at their own risk.
Choice of Law
This Agreementis entered into and performed in the State of Minnesota, United States ofAmerica. It is governed by and shall beconstrued under the laws of Minnesota, exclusive of any choice of law orconflict of law provisions.
Requests for Information
If you contact Companyand request information about our programs or services, we will use your emailor postal address to provide the information you requested. You acknowledge and agree that we may use andshare information that you provide to us as described in our Online PrivacyPolicy, which is incorporated by reference herein.
Limitation on Time to Initiate a Dispute
Unlessotherwise required by law, an action or proceeding by you relating to anyDispute must commence within one year after the cause of action accrues.
Links to Other Websites
Protection of Your MobileDevice or Computer
You are responsible for implementing sufficient computervirus and security protective procedures and checks on your mobile device orcomputer, and for maintaining a data back-up or other means for the reconstructionof any lost data on your mobile device or computer.
Notice for California Users
If you have aquestion or complaint regarding the Services provided to you by Company pleasecontact us at firstname.lastname@example.org to receive further informationregarding the Services or to resolve the complaint. You may also contact the Complaint AssistanceUnit of the Division of Consumer Services of the Department of Consumer Affairsby telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing atDepartment of Consumer Affairs, Consumer Information Division, 1625 NorthMarket Blvd., Suite N 112, Sacramento, CA 95834.
Except asexpressly provided in these Terms, these Terms are a complete statement of theagreement between you and Company, and they describe the entire liability of Companyand its vendors and suppliers and your exclusive remedy with respect to youraccess and use of the App, Site, or Services. In the event of a conflict between these Terms and any other Company agreementor policy, these Terms shall prevail on the subject matter of this Agreement. If any provision of these Terms is invalid orunenforceable under applicable law, then it shall be changed and interpreted toaccomplish the objectives of such provision to the greatest extent possibleunder applicable law, and the remaining provisions will continue in full forceand effect. Headings are included forconvenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Companymay have under trade secret, copyright, patent, or other laws. Company’s failure to assert any right orprovision under these Terms shall not constitute a waiver of such right orprovision. No waiver of any term of thisAgreement shall be deemed a further or continuing waiver of such term or anyother term.
You may not assign any rights or obligations under thisAgreement without Company’s prior written consent. Company may assign all or part of thisAgreement.
All sections of this Agreement which, by their nature aredesigned to survive expiration or termination of this Agreement, including butnot limited to indemnity and limitation of liability clauses, shall survive.
No waiver of any of these Terms shall be deemed a furtheror continuing waiver of such term or condition or any other term or condition.
If any of theprovisions of this Agreement are held unenforceable by an arbitrator, court, orother tribunal of competent jurisdiction, then those provisions shall belimited or eliminated to the minimum extent necessary to allow the remainder ofthis Agreement to retain its full force and effect.
Entire Agreement; Amendment
Anything in the App, Site, or Services that is inconsistentor in conflict with the terms of this Agreement is superseded by the terms ofthis Agreement.
Please contactus with any questions or concerns regarding this Agreement at:
Attn: GeneralCounsel, Research & Development
5995 OpusParkway, Suite 200
Last updated on July 6, 2020.