2. License to Optum ID Software Application
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 party Application.
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
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
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, Cincinnati Bell, 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. 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 you.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 incomplete.
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 purpose.
8. Limitation of Liability
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
Your right to use the Optum ID Service will terminate, effective immediately upon notice from Optum:
(b) 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
Third Party Beneficiary
Waiver and Construction
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.