Version 1.2 Last Revised: 10/1/2021
We will provide an advance notice of a major change prior to your access of any portion of the Applications for which registration is required. For example, we may (i) require that you reaccept the updated version of the web policies, (ii) send an electronic notification advising of the update to the web policies, (iii) include a notice on the Applications viewable without login advising of the update to the web policies, and/or (iv) advise of the updated web policies during a phone call. We do not ordinarily provide advance notice of a minor change.
APPLICATION CONTENT AND INTELLECTUAL PROPERTY RIGHTS
The Applications may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively “Application Content”). Certain Application Content images may reflect people engaged in various activities. Unless otherwise specifically identified, images are for representative purposes only and do not depict an actual patient or member. Unless otherwise expressly identified, Application Content is owned by us or by our third-party licensors. The Application Content is protected by United States and international copyright, trademark, and other laws. You may browse the Applications and download Application Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Application Content from this Application, including code and software underlying this Application, nor may you sell, transfer, or otherwise use the Applications or the Application Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Application Content at any time without notice.
The videos made available to you through the Applications are licensed for your personal and noncommercial use only. We reserve all of our other rights with respect to these videos. You may not download or otherwise capture the videos, make commercial use of the videos, embed the videos within your site, or otherwise modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way the videos without our explicit written permission.
Calculators/calculations are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations. Do not rely solely on the calculators/calculations or information found on the Applications.
We constantly make improvements to our Applications by adding and modifying its features and functionality. To enhance your Application experience and improve Application effectiveness, we may monitor your Application usage, selectively provide or disable Application features and functionality, and contact you to solicit information that would assist us in improving the overall user experience through such features, functionality, or otherwise.
FEEDBACK AND OTHER SUBMITTED CONTENT
Certain portions of the Applications may provide mechanism(s) for you to communicate and share information and/or materials with us. By submitting us your feedback, comments, reviews, ideas, testimonials, opinions, photos, and/or other submitted content (any, a “Submission”) through the Applications, electronic communications, or otherwise, you agree as follows:
1) Your Submissions must: (i) be original and solely written or created by you, (ii) not feature any intellectual property unless owned by you or us, or anything illegal, obscene, threatening, defamatory or otherwise objectionable, in our sole discretion, (iii) not feature any identifiable person(s), other than you or those on whose behalf you are authorized to feature in your Submission; and (iv) be accurate, truthful, and not misleading.
2) By sending us a Submission, to the fullest extent and for the maximum duration permitted by applicable law, you also grant to us a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display your Submission, in whole or in part, including the right to use your name, image, likeness, and biographical information (as provided by you) in conjunction with the Submission, on a worldwide basis, in any form, media or technology now known or later developed, including without limitation for our promotional or marketing purposes, and you waive all moral and similar rights. If requested, you will agree to sign any documents to confirm the above.
3) By sending a Submission, you also waive and release, and agree to hold us harmless, and our parents, subsidiaries, affiliates, advertising and promotion agencies, from and against any and all rights claims and causes of action whatsoever, including but not limited to claims relating to rights of privacy, publicity, libel or infringement, or otherwise relating to injury, loss or damage, whether direct, compensatory, incidental or consequential, arising in whole or in part from the Submission or our use of same. You warrant that your Submission is being provided voluntarily, does not incorporate or embody any confidential or proprietary information of third parties, and does not violate any applicable laws or regulations or infringe any third party’s copyrights, patent rights, trademarks, or other intellectual property rights.
With certain submission mechanisms, we may post or otherwise contemporaneously provide you with terms that restrict our use of your Submission received through a particular submission mechanism and/or at a particular time. Some of the submission mechanisms available through the Applications may provide you with options to enable or limit how we may use a Submission. When such terms are provided or options are available and specified, our use of such Submissions pursuant to this section is subject to such limitations.
We may contact you regarding your Submission through any known electronic communication channel.
NO PROFESSIONAL ADVICE
Certain uses of products discussed on the Applications may not have been approved by the Food and Drug Administration.
DISCLAIMER OF WARRANTIES
THE APPLICATIONS AND THE APPLICATION CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS, AND ALL USE OF THE APPLICATIONS AND THE APPLICATION CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE APPLICATIONS, THE APPLICATION CONTENT, OR YOUR ACCESS TO OR USE THEREOF. WE HEREBY DISCLAIM ANY AND ALL IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, CUSTOM, AND USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE APPLICATIONS OR THE APPLICATION CONTENT WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR RELIABLE; THAT ACCESS TO OR USE OF THE APPLICATIONS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE APPLICATIONS, THE APPLICATION CONTENT, OR ANY PORTION THEREOF WILL NOT CHANGE OR BE DISCONTINUED; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE APPLICATIONS OR THE APPLICATION CONTENT WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ACCESS TO OR USE OF THE APPLICATIONS OR THE APPLICATION CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION. NO SUPPLIER TO US HAS ANY WARRANTY, SUPPORT, OR OTHER OBLIGATIONS TO YOU IN CONNECTION WITH YOUR USE OF THIS APPLICATIONS. YOU ASSUME THE ENTIRE OBLIGATION AND COST OF ANY AND ALL NECESSARY COMPUTER, MOBILE DEVICE, AND NETWORK SERVICING, REPAIR, AND CORRECTION. IF YOU ARE DISSATISFIED WITH THE SITE OR THE APPLICATION CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR CERTAIN OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH A JURISDICTION’S LAW APPLIES AND LIMITS SUCH DISCLAIMERS.
LIMITATION OF LIABILITY
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on the Applications in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Applications that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- a physical or electronic signature of the copyright owner or the person authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Contact Information for Our Copyright Agent:
Legal Department, Intellectual Property
Evernorth Health, Inc.
One Express Way, Hq1-2e03, St. Louis, MO 63121
We will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above, and may, in our sole discretion if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any United States copyright laws.
STATE OMBUDSMAN/CONSUMER ASSISTANCE
Access the States and Consumer Assistance Programs documentation for assistance or an Ombudsman program to help you.