Disclaimers

Legal Disclaimers

Products and Services Provided by UPREHS and its Subsidiaries

“UPREHS®” is a registered service mark of UPREHS Intellectual Property, Inc., licensed for use by UPREHS and its subsidiaries. UPREHS is a Utah corporation and is not an insurance or an operating company. Therefore, products and services are provided exclusively by subsidiaries and not by UPREHS Corporation. “UPREHS” may refer to UPREHS Corporation itself or one or more of its subsidiaries, but when used in connection with the provision of a product or service, always refers to a subsidiary.

Product Descriptions — Not Available in all States

The product descriptions, if any, provided on UPHealth.com are not intended to constitute offers to sell or solicitations in connection with any products or services. Some products may not be available in all jurisdictions. Anyone interested in a particular product should contact the indicated UPREHS business to determine whether the product is available in their jurisdiction and to request a copy of the applicable policy or prospectus for a complete description of the product.

Links to Other Sites

While visiting UPHealth.com, you may leave the UPREHS Web site and access certain non-UPREHS Web sites. UPREHS neither reviews nor controls the content and accuracy of these Web sites, and therefore will not be responsible for their content and accuracy. Your access to non-UPREHS Web sites is at your sole risk.

Other Web sites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other Web sites at your own discretion.

General Disclaimer

All Material including any link to other sites and content found at linked sites is provided “as is” and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, UPREHS does not warrant that access to UPHealth.com or any of its pages will be uninterrupted or error free. UPREHS does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on UPHealth.com. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.

Viruses, Worms, Use of Files

UPREHS cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. UPREHS does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will UPREHS be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate UPREHS copyright authority.

Health Information

The health information on this Web site is provided by UPREHS solely for informational purposes as a public service to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a physician. UPREHS assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis.

Trademarks

There are references throughout UPHealth.com to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.

Message Boards and Chat Rooms

It is a condition of your use of Message Boards or Chat Rooms that you do not: (i) post or transmit any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (ii) post or transmit comments containing harassing or offensive language, using sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, worms or Trojan horses; (iii) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works without first obtaining permission from the owner; (iv) post or transmit any information, software or other material which contains a virus, worm, Trojan horse or other code that has contaminating or destructive properties; (v) post any information, software, or other material for commercial purposes; (vi) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes; (vii) impersonate any person or entity or falsely represent your professional or other affiliation with any person or entity; or (viii) use UPHealth.com to collect personally identifiable information in violation of our Privacy Policy. You agree UPREHS, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.

You agree to indemnify and hold UPREHS and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising from any material you contribute to Message Boards or Chat Rooms you access via UPHealth.com.

You understand that UPREHS has no obligation to monitor Message Boards or Chat Rooms. UPREHS reserves the right at all times to disclose any information regarding the Message Boards or Chat Rooms, or to remove any information or materials, in whole or in part, that in UPREHS’s sole and absolute discretion are objectionable. You acknowledge that UPREHS reserves the right to monitor any and all information transmitted or received through UPHealth.com which may be examined, recorded, copied, and used in accordance with our Privacy Statement. Use of UPHealth.com constitutes consent to such activity by UPREHS.

When using UPHealth.com, please be certain that anything you disclose does not compromise your personal safety. Do not provide your name, phone number, social security number or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

Limitation of Liability

You agree by accessing UPHealth.com that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will UPREHS be liable for damages of any kind occurring from the use of this web site or any information, goods or services obtained on this web site including direct, indirect, consequential, incidental, or punitive damages (even if UPREHS has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.

Minors and Child Online Privacy Protection Act

UPHealth.com does not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act.

If you allow your minor child, or a child for whom you are legal guardian (a “Minor or dependant”), to access and use UPHealth.com, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of UPHealth.com; and (iii) the consequences of any use.

The Digital Millennium Copyright Act

UPREHS reserves the right, but not the obligation, to terminate your access to UPHealth.com if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless or whether the material or activity is ultimately determined to be infringing. UPREHS and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. UPREHS has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

Manager, Customer Service UPREHS PO Box 161020 Salt Lake City, UT 84116-1020 (801) 595-4300 help@UPHealth.com

Any written notice regarding any infringement of copyright or of other proprietary rights, should be sent to our designated agent, listed above, and must include the following information:

1. physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
2. 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.
3. 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.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
5. A statement that you have a good faith belief that 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 UPHealth.com from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. 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. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from UPHealth.com to a foreign national or foreign country in violation of those laws.

Changes & Applicable Law

We reserve the right to make changes to UPHealth.com and our Legal Disclaimer/Conditions of Use. We encourage you to review the Web site and these terms periodically for any updates or changes. Your continued access or use of UPHealth.com shall be deemed your acceptance of these Legal Disclaimers/Conditions of Use and any changes and the reasonableness of these standards for notice of changes. Use of UPHealth.com and purchases of products from UPHealth.com will be governed by and construed in accordance with the laws of the state of Utah, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and UPHealth.com will be brought exclusively in a federal or state court of competent jurisdiction sitting in Salt Lake City, Utah. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.