Utility : Terms & Conditions

Terms & Conditions

Terms of Use 

IT IS VERY IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS VERY CAREFULLY. By accessing, browsing and/or using this website, you accept and agree to be bound by this agreement, the Disclaimer, and the Privacy Policy ("Terms and Conditions"). If you do not agree to all of these Terms and Conditions, you may not access or use this website. Magellan Health Services and its subsidiaries and affiliates (“Magellan”) may revise and update the Terms and Conditions from time to time without notice. Your continued use of this website means you accept those changes.

Magellan also has the right to make changes to the products, benefits and features described within its websites.

Disclaimer 

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 TO GET PROMPT MEDICAL ATTENTION. The information on this website is not to be construed as medical advice or recommendations or as a substitute for professional medical advice. You should consult with a physician or other healthcare professional for any healthcare concerns including without limitation before you take any prescription or over the counter drugs. The information provided on this website does not replace the relationship that exists between patients and their physicians or other healthcare professionals. Never disregard your physician's or other healthcare provider's advice or delay seeking their advice as a result of anything you have read on this website. All materials and information contained herein is provided "as is" and is for educational purposes only. Reliance on any information provided on this website or otherwise from Magellan is solely at your own risk.  Magellan periodically changes and updates the information on this website.  Some information on this website may be out of date at any given time.

Magellan does not endorse or guarantee references or sites listed, and no favorable or unfavorable inference should be drawn from our listing or failure to list any resource here. You should direct any questions concerning personal health care to licensed physicians or other appropriate health care professionals.

Please do not send us any medical questions, requests for service, or clinical concerns regarding care or treatment via email. This website is not intended for that purpose and we do not provide this type of information via email.

For all inquiries, please be aware that we cannot guarantee the confidentiality or security of email. Please do not send any information that you would consider confidential to any of the email addresses on this website, or through the contact forms provided. By providing your email address, you acknowledge this fact and authorize us to respond to you using email.

Magellan makes a reasonable effort to include accurate, complete, and current information on this website, however, Magellan does not guaranty the adequacy, correctness, completeness, accuracy, or reliability of any information on this website, is not responsible for any errors or ommissions or for the results obtained from the use of such information and denounces any obscure warranty or representation about the accuracy or entirety of such information on its websites, or the appropriateness for a particular purpose. As the user of this website, you acknowledge that you are the recipient of this information and therefore you must take full responsibility for how you use the information on this website, and you comprehend and agree that Magellan is neither responsible nor liable for any claim, loss or damage resulting from this website usage.

CONTENT ON THIS SITE IS PROVIDED "AS IS". MAGELLAN MAKES NOT WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAGELLAN DOES NOT REPRESENT OR WARRANT THAT:

1. ANY FUNCTIONS CONTAINED IN ANY OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE;
2. ANY DEFECTS WILL BE CORRECTED; OR
3. THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL NOT BE ACCESSED BY UNAUTHROIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION FRANSMITTED TO OR FROM MAGELLAN 'S WEBSITES.

Unless explicitly stated, Magellan does not endorse or recommend any specific products or services mentioned on this website. The views, beliefs and opinions expressed within this website may not necessarily be those, or reflect those, of Magellan. This website may contain specific health and medical information, none of which should be implied as specific to your personal medical or health condition. No information, expressed or implied, should be deemed or construed as medical, health or professional advice by Magellan.

Limitation of Liability

IN NO EVENT SHALL MAGELLAN, IT’S OFFICERS, DIRECTORS, EMPLOYEES,  OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION CONTAINED ON  ANY MAGELLAN  WEBSITES, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON ANY MAGELLAN  WEBSITES, ERRORS OR OMMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO MAGELLAN’S WEBSITES INCLUDING,  WITHOUT LIMITATION, LOST BUSINESS, DATA OR PROFITS. LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATE STATUES MAY APPLY REGARDING LIMITATION OF LIABILITY.

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST MAGELLAN FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF ANY MAGELLAN WEBSITE.

Indemnification

You shall defend, hold harmless and indemnify Magellan and its officers, agents, co-branders or other partners and employees against any and all claims, liability, damages or judgments, including, but not limited to, reasonable attorneys' fees, that arise out of any designated individual's and/or your use of Magellan websites, breach of the terms of this agreement, violation of any rights of another or violation of any applicable state or federal law.

Communications with Magellan

Magellan will not respond to any specific requests made about your own personal medical or health questions or concerns made through this website. You should contact your primary care physician for any medical, health or professional advice related to your personal medical or health condition.  If you are a Magellan Member and require an immediate response to non-medical questions or problems related to your health care coverage, please call Magellan Customer Service at the number on the back of your member card. E-mail that is sent to Magellan may not be encrypted and may be accessed and viewed by other Internet users without your knowledge when it is electronically transmitted to Magellan. Magellan offers its Members the opportunity to reach a Member Services Representative who is available to discuss personal information related specifically to a member’s health care. The Member Services Representative will share your comments, concerns and questions with those Magellan employees who are most apt to handle such requests.

Terms and Conditions, Restrictions and Revisions

By accessing, browsing and/or using this website, you accept and agree to be bound by this agreement, the Privacy Policy, Disclaimer and all other policies, restrictions, conditions and notices found by clicking on the links on the bottom of the home page and any page of this website, all of which are incorporated herein by reference. Please review this agreement, the Privacy Policy, Disclaimer, and all other policies, restrictions, conditions and notices which govern your visit to this website, each time you visit any Magellan website.

Magellan has no obligation to update any information or content on any Magellan website, and information or content may be out of date at any given time. Magellan may also make improvements and/or changes in the information or content contained in any Magellan website at any time without prior notice.

Each time you visit any Magellan website it is your responsibility to review the then most current Terms and Conditions and any other policies, restrictions, conditions and notices on the website and by accessing, browsing, and/or using this website or any Magellan website, you accept and agree to be bound by the most current Terms and Conditions and any other policies, restrictions, conditions and notices on this website or such other Magellan website.

Governing Law and Jurisdiction

Accessing this website or use of any of its content or services from locations where such access or use of its content or services is illegal and prohibited. Notwithstanding the laws of the location from which you access this website, you agree that the statutes and laws of the State of Delaware, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this website and all Magellan websites and you are responsible for compliance with applicable laws, whether federal, state, or local pertaining to your use of Magellan websites. You and Magellan also agree and hereby submit to the exclusive personal jurisdiction of, and venue in, the State courts Delaware, and the Federal Court(s) located within Delaware with respect to such matters. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed several and will not affect the validity and enforceability of any remaining provisions.

Dispute Resolution

Any claim or controversy at law or equity that arises out of any of the Terms and Conditions, this website or any affiliated website (each a “Claim”), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Any claim shall be arbitrated on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with the Terms and Conditions. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such a party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into the Terms and Conditions. 

Copyright and Service/Trademarks

This website and its contents are protected by copyright, all rights reserved. All works of authorship contained at this site, including, but not limited to, text, images, and their arrangement, are owned by Magellan (except as otherwise noted). All service/trademarks are owned by or licensed to Magellan, any other product name or company name mentioned in this site may be a service trademark of its owner. You may not reproduce, copy, or redistribute the design, layout, or individual elements of this weebsite design without the express written permission of Magellan. If you have a preexisting agreement with Magellan, that agreement will specify your rights and obligations regarding the use of Magellan service/trademarks. If you do not have an existing agreement with Magellan that specifically authorizes such use. The use, reproduction, copying or redistribution of any Magellan service/trademark is strictly prohibited without the prior written permission of Magellan.

You may download or print a copy of information found on our website for your personal use only. You may not download or print any document or graphic for any other purpose and you may not modify any document before downloading or printing, unless you obtain written permission from the copyright holder(s). You may not post Magellan content on a public access website.

Links and Linking

Links to other websites are provided as internet navigation tools only. Those other websites contain information created, published, maintained, or otherwise posted by persons or entities independent of Magellan. Magellan does not control those websites; nor does Magellan guarantee the content, accuracy, completeness, or timeliness of information on other websites. The owners/operators of those websites do not necessarily endorse Magellan products or services, nor are they responsible for the content of this website. Linkage to other websites does not constitute or imply an endorsement, recommendation, or preference by Magellan, and Magellan accepts no responsibility for the content, products and/or services provided at such websites and specifically disclaims same.

Use of any information obtained from other websites is voluntary, and entirely at your own risk. Magellan assumes no responsibility for:

1. Your use of the information obtained at any website linked to a Magellan  website, or
2. The content of such information, including, but not limited to, errors or omissions, the accuracy or reasonableness of the content, the defamatory nature of any statements contained therein, ownership of copyright or other intellectual property rights, or the violation of property, privacy, or personal rights of others by any such website.

Magellan is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use of, reference to, or reliance on such information from this website or any Magellan website and any other website including without limitation any website linked to a Magellan website. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

Establishing a Link to This Website

Magellan prohibits the use of the Magellan logo as a "hot" link to this site.

You may not, without obtaining Magellan 's written permission, republish, redistribute or otherwise make any copies of the content on this site as part of the link, including by framing or similar means, or otherwise. You shall not use Magellan’s name, trademark, symbol or service mark without prior written approval of Magellan.

Minors

The content of this website and all Magellan’s websites is directed at adults. If you are under the age of 18, please consult with a parent or guardian and do not use this website without their monitoring and assistance.

How We Protect Children Accessing Our Website

Magellan does not knowingly allow children under the age of 13 to register on our site. If a visitor enters a year of birth 13 years or less, we do not allow them to complete their registration. If you are under the age of 13, you should talk to your parents or guardians before registering. We also recommend, if you are under the age of 13, that you talk with your parents or guardian before filling out any information on our site and sending it to us.

Proprietary Rights

Magellan  retains ownership of all Magellan's websites and any material provided thereunder, and all rights, title, and interest therein, including, without limitation, all patents, copyrights, trade secrets, trademarks and other proprietary rights. You acknowledge and agree that Magellan’s websites, and any necessary software used in connection with Magellan’s websites ("Software") are proprietary and confidential and are protected by applicable intellectual property and other laws. Except as expressly authorized by Magellan, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on Magellan's websites or the Software, in whole or in part. You shall not claim or assert any right or title to Magellan’s websites and/or software.

You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Magellan's websites or Software. You shall not modify the Magellan’s websites or the Software in any manner or form, or use modified versions of the Software. You shall not access the Magellan’s websites by any means other than through the interface that is provided by Magellan.

In the event of any breach of the terms of this provision by you and/or any individual designated by you, you acknowledge and agree that Magellan would suffer irreparable harm and shall therefore be entitled to seek relief, including, but not limited to, injunctive relief.