PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION. BY DOWNLOADING OR USING THE APPLICATION YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT; AND (C) BY ACCESSING, VIEWING, OR USING ANY PART OF THE APPLICATION YOU AGREE TO ALL OF THE BINDING TERMS AND CONDITIONS CONTAINED HEREIN.
UNH reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time, without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes.
Only users who are thirteen years of age or older may register for or use the Application. The Application is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the Application and website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms.
B. Grant of License
UNH grants you the right to use the Application in accordance with these terms. Your ability to use the Application is limited, non-exclusive, non-transferrable, and cannot be used for commercial purposes.
UNH may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that UNH has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
D. Intellectual Property
The Application is intended solely for your personal use. All intellectual property rights in the Application are owned by UNH and are protected by law, including but not limited to confidential information, copyright, and trademark law, as well as other applicable laws and international treaty provisions. Your use of the Application does not transfer any right, title, or interest in the Application. You shall not remove any product identification, copyright or trademark notices or any other proprietary notices or restrictions from the Application. Use of UNH trademarks and copyrighted materials is limited to your use of the Application. UNH does not grant you or any other user permission to use UNH trademarks, copyrighted materials, or other intellectual property unless otherwise agreed to in writing by you and UNH.
E. Disclaimer of Warranties
F. Use Disclaimer
You understand and agree that any Communication sent or received by you through the Application may be delayed or prevented by a variety of factors. You also agree that UNH shall not be liable for any inadequate Network connectivity, delays, failure to deliver, or misdirected delivery of any Communication; for any errors in the content of a Communication; if any part of the user interface element does not function; or for any actions taken or not taken by you or any third party in reliance on a Communication.
You must provide and use, at your own expense, a Device and Network that are compatible with the Application. UNH does not guarantee that the Application can be accessed through, or will be compatible with, all Devices or Networks. The Application may fail due to a variety of circumstances, including circumstances or conditions beyond UNH’s control. You understand and agree that Network connectivity may be interrupted, circumvented or otherwise compromised. Such Network connectivity is beyond UNH’s control, and UNH may not be able to assist in resolution of problems with respect to the Application relating to such Network connectivity. You understand that your use of the Application may be limited by your Network provider or by the capabilities or capacities of your Device. If your Device or Network are incompatible, inoperative, interrupted or circumvented, or in ‘Airplane Mode’ or similar modes without network connectivity, no data will be received by the Application and any services of the Application may not be available.
G. Limitation of Liability
UNH SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION OR ITS SERVICES, INCLUDING ANY LIABILITY (A) FOR ANY INCORRECT OR INACCURATE INFORMATION, (B) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (C) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (D) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. UNH SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, LOSSES, EXPENSES OR LIABILITIES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
I. Export Regulation
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
J. Term and Termination
The Agreement commences when you download or install the Application and will continue in effect until terminated by you or UNH as set forth in this section. UNH may terminate this Agreement at any time without notice if it ceases to support the Application, which UNH may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies of the Application from your Device and account. Termination will not limit any of UNH’s rights or remedies at law or in equity.
K. Applicable Law and Severability
This Agreement is governed by the laws of the State of New Hampshire. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall remain in full force and effect.
L. Entire Agreement
This Agreement constitutes the entire agreement between UNH and you regarding the Application, and supersedes all prior or contemporaneous understandings regarding such subject matter.