Last updated 2/16/21
Magellan Health, Inc. and its subsidiaries and affiliates (“Magellan”) may revise and update the Terms and Conditions from time to time with or without notice. Your continued use of this website means you accept those changes.
The information on this website is not to be construed as medical advice or recommendations or as a substitute for professional medical advice or other professional 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.
You should direct any questions concerning personal healthcare to licensed physicians or other appropriate healthcare professionals. Please do not send us via email any medical questions, requests for service, or clinical concerns regarding care or treatment.
All materials and information contained herein is provided “as is” and is for educational purposes only. Use of this website or 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 Some information on this website may be out of date at any given time.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. 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 and is not responsible for any errors or omissions or for the results obtained from the use of such information.
As the user, 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 WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” MAGELLAN MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAGELLAN DOES NOT REPRESENT OR WARRANT THAT:
- ANY FUNCTIONS CONTAINED IN ANY OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE;
- WEBSITE OR WEBSITE FEATURES ARE DESIGNED TO MEET ANY OR ALL OF YOUR NEEDS;
- ANY DEFECTS WILL BE CORRECTED; OR
- THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL NOT BE ACCESSED BY UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION TRANSMITTED 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
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL MAGELLAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS (THE “RELEASED PARTIES”) BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL 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. FURTHER, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE 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 OMISSIONS 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.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST MAGELLAN FOR ANY AND ALL MATTERS RELATING TO YOUR USE OF ANY MAGELLAN WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR ANY PART THEREOF, OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST A RELEASED PARTY, ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, hold harmless, and indemnify Magellan and its officers, directors, agents, co-branders, 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 your use of Magellan websites or their contents, breach of the Terms and Conditions, violation of any rights of another, or violation of any applicable law or regulation.
COMMUNICATIONS WITH MAGELLAN
Email that is sent to Magellan may not be encrypted and may be accessed and viewed by other Internet users without your knowledge if it is intercepted while in transit to Magellan. Magellan will not respond to any medical or health questions or concerns made through this website. You should contact your 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 healthcare coverage, please call the toll-free number on the back of your insurance card. 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 healthcare. 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
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 with or without prior notice.
GOVERNING LAW AND JURISDICTION
Accessing this website or using of any of its content or services from locations where such access or use is illegal is 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. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
DISPUTE RESOLUTION – Mandatory Agreement to Arbitrate on an Individual Basis
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Magellan or Magellan’s employees, agents, successors, or assigns, shall exclusively be settled through binding and bilateral confidential arbitration, except that you or Magellan may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration, and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND MAGELLAN ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, the Minimum Standards and other information on JAMS arbitration, are available through the JAMS website: https://www.jamsadr.com. Such arbitration shall be conducted by a single arbitrator and held in Wilmington, Delaware, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and Magellan must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action, and the arbitrator shall not award class-wide relief; (b) Magellan will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Magellan will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her, or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Wilmington, Delaware.
COPYRIGHT AND SERVICE/TRADEMARKS
This website and its contents are protected by copyright, all rights reserved, trademark rights, and other proprietary rights. All works of authorship, 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 on this Website may be a service/trademark of its owner. You may not reproduce, copy, or redistribute the design, layout, or individual elements (include service/trademarks) of this website design without the prior express 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.
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 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 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.
LINKS AND LINKING
Links to other websites including mobile applications are provided as Internet navigation tools only. Magellan does not control, or guarantee the content, accuracy, completeness, or timeliness of information on, those websites and mobile applications. The owners/operators of those websites and mobile applications do not necessarily endorse Magellan products or services. Linkage to other websites and mobile applications does not constitute or imply an endorsement, recommendation, or preference by Magellan, and Magellan accepts no responsibility for your use of, or the content, products, and/or services provided at, such websites and mobile applications and specifically disclaims same.
ESTABLISHING A LINK TO THIS WEBSITE
Magellan prohibits the use of the Magellan logo as a “hot” link to this website. You may not, without obtaining Magellan’s written permission, republish, redistribute, or otherwise make any copies of the content on this website 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.
If you are under the age of 18, please consult with a parent or guardian and do not use this website without their permission, monitoring, and assistance.
TERMINATION OF USE
Magellan may, in its sole discretion and with no liability to you and without prior notice to you, terminate your access to this website for any reason or no reason at all.