Your use of the Optum ID web-based application and service, (the "Optum ID Service") is subject to your
end the registration process, and do not use any aspect of the Optum ID Service.
individual, (b) the company or organization on behalf of which you are exercising rights and incurring obligations
organization, in each case as the context demands.
You or your company or organization may have a separate written agreement with Optum that supplements or supersedes
2. License to Optum ID Software Application
The software products made available as part of the Optum ID Service ("Applications") are licensed, not sold,
unless the Applications are covered by a separate, valid end user license agreement entered into between you and the
licensor of a specific Application (the "Application Provider"), in which case the Application Provider's end
user license agreement will apply to that Application. The Application Provider reserves all rights in and to the
Application not expressly granted to you.
You acknowledge that the license to each Application made available to you as part of the Optum ID Service is a
binding agreement between you and Optum. You acknowledge that you are acquiring the license to each third party
Application from the Application Provider; Optum is acting as agent for the Application Provider in providing each
such third party Application to you; and Optum is not a party to the license between you and the Application
Provider with respect to that third party Application. The Application Provider of each third party Application is
solely responsible for that third party Application, the content therein, any warranties to the extent that such
warranties have not been disclaimed, and any claims that you or any other party may have relating to that third
You acknowledge and agree that Optum and its affiliates are third party beneficiaries of the Application Provider's
end user license agreement for each third party Application. You also agree that, upon your acceptance of the terms
and conditions of the license to any such third party product, Optum will have the right (and will be deemed to have
accepted the right) to enforce such license against you as a third party beneficiary thereof.
This license granted to you for an Application by Optum is limited to a non-exclusive license to use such
Application solely in connection with your use of the Optum ID Service. This license does not allow you to use such
Application in any other context. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the
Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of an Application, any updates, or any part thereof. Any attempt to do so is a
violation of the rights of Optum and its licensors.
3. Privacy and Use of Data
Optum's collection and use information and data from you associated with your use of the Optum ID Service is
governed by the . In addition, you agree that Optum may
collect and use technical data and related information including but not limited to technical information about your
system, application software and use of Applications-that is gathered periodically to facilitate the provision of
software updates, product support, and other services to you (if any) related to an Application. Optum may use this
information, as long as it is in a form that does not personally identify you, to improve its products or to provide
services or technologies to you.
Information for children under 13
We will not intentionally collect any personal information from children under the age of 13 through this website
without receiving verifiable parental consent. If you think that we have collected personal information from a child
under the age of 13 through this website, please contact us at 855-819-5909 or firstname.lastname@example.org.
4. Your License to Optum
Optum welcomes your feedback as a user of the Optum ID Service. You agree that Optum may use in any manner and
without limitation all comments, suggestions, complaints, and other feedback you provide relating to the Optum ID
Service. By providing such feedback, you grant to Optum a non-exclusive, transferable, sub-licensable, royalty-free,
irrevocable, worldwide license to use such feedback for any purpose, including but not limited to, incorporation of
such feedback into the Optum ID Service or other Optum software or services.
5. Your Obligations
- You agree not to use the Optum ID Service for illegal purposes or for the transmission of material that is
unlawful, harassing, libelous, misleading, discriminatory, invasive of another's privacy, abusive, threatening,
or obscene, or that infringes the rights of others.
- You agree not to access (or attempt to access) the Optum ID Service by any means other than through the
interface that is provided by Optum, unless you have been specifically allowed to do so in a separate agreement
with Optum; specifically, you will not collect other users' content or information, or otherwise access the
Optum ID Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our
- If you access an Application provided by Optum or any of its affiliates through the Optum ID Service, you will
comply with any obligations required under the Application license between your employer and the applicable
- You are responsible for your own compliance with the standards of use of communications tools and social media
established by your employer, and with compliance with applicable law, including limitations on the use and
disclosure of personal health information ("PHI") established by HIPAA, and limitations on the use and
disclosure of other categories of sensitive information established by other state and federal law. Whether in
the context of use of the Optum ID Service or an Application made available through the Optum ID Service, your
failure to adhere to applicable limitations on the use and disclosure of information about others could result
in adverse employment action by your employer, and civil or criminal liability.
- You will not upload viruses or other malicious code.
- You will not post content that is hateful, threatening or pornographic, incites violence, or contains graphic
or gratuitous violence.
- You acknowledge that you are responsible for maintaining the security of your password and the security of your
account, and will not share your password, let anyone else access your account, or do anything else that might
jeopardize the security of your account. You accept responsibility for any activities that occur under your
- You will not transfer your account (including any page or application you administer) to anyone without first
getting Optum's written permission.
- You represent and warrant that the information you have provided in registering for the Optum ID Service is
accurate and up-to-date.
6. Mobile Terms & Conditions for Text Messages Providing Alerts and/or Notices
You have subscribed and expressly consented to receive SMS password reset authorization codes on your mobile
telecommunications device from Optum for purposes of providing you authorization codes from the Optum ID system. You
acknowledge, understand and agree as follows: Message frequency depends on user. Message and Data rates may
apply. These would be charged by, and be payable by you to your mobile service provider. You acknowledge, understand
and agree that we shall not be held liable for any delays in the receipt of our text message to you, as its delivery
is subject to effective transmission from your mobile service provider. This is a one-time message event and you
will not receive additional messages from this system unless specifically requested.Messages sent via SMS may
not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is
not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier
may interfere with message delivery, including the customer's equipment, terrain, and proximity to buildings,
foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier
does not guarantee that alerts will be delivered. Content may not be available on all carriers. Participating
carriers are: ACG, ALLTEL AWCC, AT&T Mobility, Boost, Cricket, Google Voice, Metro PCS, Nextel, Rural Carrier
Groups, Sprint, Tier 2/3 Carrier Group, T-Mobile, U.S. Cellular, Verizon Wireless, and Virgin Mobile. T-Mobile is not liable for delayed or undelivered messages. Data obtained
by us from you in connection with our providing you the text messages as described above may include your cellular
number, the name of your mobile service provider, and the date, time and content of the text messages we send
We may use this information to contact you and to provide the text messages you have requested. If you have any
questions regarding the above terms or the types of text messages to be received by you as described above you can
contact us at 855-819-5909 or by emailing email@example.com or by
visiting Optum ID.
7. No Warranty
You acknowledge that the Optum ID Service may be prone to bugs and
stability issues, may contain inaccuracies or errors that could cause failures or loss of data and may be
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OPTUM ID SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. AS BETWEEN YOU AND OPTUM, THE OPTUM ID
SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OPTUM HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OPTUM ID SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OPTUM DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE OPTUM ID SERVICE, THAT THE OPTUM ID SERVICE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE OPTUM ID SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT
DEFECTS OR ERRORS IN THE OPTUM ID SERVICE WILL BE CORRECTED, OR THAT THE OPTUM ID SERVICE WILL BE COMPATIBLE WITH
FUTURE OPTUM PRODUCTS, SERVICES OR SOFTWARE. NO ORAL INFORMATION OR ADVICE GIVEN BY OPTUM WILL CREATE A WARRANTY NOT
EXPRESSLY STATED IN THIS THESE TERMS AND CONDITIONS.
Optum is not obligated to provide maintenance, technical support or updates to you for any portion of the Optum ID
Service. Optum is not obligated to continue to provide the Optum ID Service. The foregoing limitations and
exclusions shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential
8. Limitation of Liability
To the extent not prohibited by applicable law, in no event will Optum or any Optum supplier or licensor be liable
for personal injury, or any incidental, special, indirect, consequential or punitive damages whatsoever, including,
without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages
however caused, whether under a theory of contract, warranty, tort (including negligence), products liability, or
otherwise, even if Optum has been advised of the possibility of such damages, and notwithstanding the failure of
essential purpose of any remedy. In no event shall Optum's total liability to you under this agreement for all
damages (except as may be otherwise required under applicable law) exceed the amount of fifty dollars ($50.00). This
limitation of liability shall apply even in the event of a fundamental or material breach or a breach of the
fundamental or material terms of this agreement.
To the extent permitted by applicable law, you agree to indemnify and hold harmless, and upon Optum's request,
defend, Optum, its directors, officers, employees, independent contractors, agents and suppliers (each an "Optum
Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs,
including without limitation, attorneys fees and court costs (collectively, "Losses"), incurred by a Optum
Indemnified Party and arising from or related to any of the following: (i) your use of any portion of the Optum ID
infringed any third party intellectual property or proprietary rights.
In no event may you enter into any settlement or like agreement with a third party that affects Optum's rights or
binds Optum in any way, without the prior written consent of Optum.
10. Term and Termination
perpetuity unless terminated as set forth herein. Optum may terminate your right to use the Optum ID Service
Your right to use the Optum ID Service will terminate, effective immediately upon notice from Optum:
- in the event of the circumstances described in the subsection entitled "Severability" below.
Optum may terminate your right to use the Optum ID Service for its convenience, for any reason or no reason,
effective 30 days after providing you with written notice of its intent to terminate.
Effect of Termination
The following provisions shall survive any termination of your use of the Optum ID Services: [Section 3 (Privacy and
Use of Data), Section 4 (Your License to Optum), Section 8 (Limitation of Liability), Section 9 (Indemnification),
and Section 11 (General Legal Terms).
Optum will not be liable for compensation, indemnity, or damages of any sort as a result of terminating your use of
the Optum ID Services, and such termination will be without prejudice to any other right or remedy Optum may have,
now or in the future.
11. General Legal Terms
regard to the application of conflict of laws rules. The courts of Hennepin County, Minnesota shall have exclusive
operation of law, merger, or any other means without Optum's express prior written consent and any attempted
assignment without such consent will be null and void.
Third Party Beneficiary
to enforce the limitations of warranty and liability set forth herein with respect to the respective technology of
such suppliers and Optum.
Optum and Optum ID are registered trademarks or trademarks of Optum or its affiliates in the United States and other
except as expressly authorized in writing by Optum in each instance. You agree that all goodwill arising out of your
authorized use of Optum's marks shall inure to the benefit of and belong to Optum.
Waiver and Construction
of that or any other provision. Any laws or regulations that provide that the language of a contract will be
You may not use, export, re-export, import, sell, transfer or proxy the Optum ID Service unless such activity is
the jurisdiction in which you receive the Optum ID Service, or any other applicable laws and regulations. In
particular, but without limitation, the Optum ID Service may not be exported, re-exported or made available in any
manner (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By using the Optum ID Service, you represent and warrant that you and any ultimate beneficiary of the Optum ID
Service are not located in any such country or on any such list. You also agree that you will not use the Optum ID
Service for any purposes prohibited by United States law, including, without limitation, the development, design,
manufacture or production of nuclear missiles or chemical or biological weapons.