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TERMS OF USE

 

 

Attain by Aetna Terms of Use

 

Welcome to Attain by Aetna. These Attain by Aetna Terms of Use (the “Terms”) apply to those websites and software applications (including mobile applications) that we operate under the brand Attain by Aetna (an “Application” or together the “Applications”).

 

By using our Applications you are agreeing to these Terms. Please read them carefully.

 

We may modify these Terms at any time by posting the revised Terms on the Applications. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.

 

Information on the Applications is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave an Application or arrive at an Application from another non-Aetna location, either by using a link we may have provided for your convenience or by specifying your own destination, Aetna accepts no responsibility for the content, products and/or services provided at these non-Aetna locations. Aetna does not control, endorse, promote or have any affiliation with any other website or software application (including mobile applications) unless expressly stated herein.

 

Limitation of Liability

 

IN NO EVENT WILL AETNA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE APPLICATIONS, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE APPLICATION (INCLUDING MOBILE APPLICATIONS), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

 

Changes to the Applications

 

Information may be changed or updated without notice. Aetna has no obligation to update information presented on the Applications, so information contained herein may be out of date at any given time. Aetna may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

 

Products and Services Offerings

 

"Aetna" is the brand name used for products and services provided by one or more of the Aetna group of subsidiary companies. These companies include Aetna Health Inc.; Aetna Health of the Carolinas Inc.; Aetna Health of Illinois Inc.; Aetna Health of California Inc.; Aetna Dental Inc.; Aetna Dental of California Inc.; Aetna Life Insurance Company; Aetna Health Insurance Company of New York; and Aetna Health Insurance Company; Coventry Health Care; Coventry Health and Life Insurance Company; Coventry Health Care National Accounts, Inc.; Coventry Health Care Workers Compensation, Inc..

 

The product and/or services descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulation areas and in many instances may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms.

 

Covered services and preferred benefits are provided under the terms of the applicable plan contract, including limitations and exclusions.

 

Anyone interested in a particular product should contact their local Aetna representative to determine whether the product and/or service is available in their jurisdiction, and to request a copy of the applicable policy or prospectus for a complete description of the product and/or service in question.

 

Payment Service Offerings

 

A payment service may be available to some members of one or more of the Aetna Applications. The payment service is powered by our payment service vendor, Change Healthcare, Inc.

 

The payment service allows you to make payments to certain health care providers based on our calculation of your patient responsibility. If you make use of the payment service, you are responsible for determining the amount that you owe, which may be less than the patient responsibility shown through our Application. This may be due to other payments you may have already made directly with the provider, or other factors that may reduce your outstanding balance with your health care provider.

 

You may be able to make payments using a variety of your existing financial accounts, such as credit card accounts and checking accounts. If you are able to use an account that is regulated by section 213(d) of the IRS code, such as a health saving account (HSA) or flexible spending account (FSA), you are responsible for ensuring the eligibility of the expense under section 213(d). Not all 213(d) accounts are eligible to be used through the payment service.

 

By using the payment service to make a payment, you authorize our payment service vendor to process payment transactions initiated by you through the payment service using your financial accounts that you designate. You agree that you are fully responsible for any such transactions and agree to only use financial accounts where you are an authorized user on the financial account. You authorize our payment service vendor to make any debits, withdrawals, charges or transfers from your financial account in the amount you ask for, including any surcharges or fees that may apply.

 

In the event that there is an issue with our payment service vendor delivering your funds to a provider, our vendor will make best efforts to resolve the issue on your behalf in a timely manner. In certain cases, you can request a refund of a specific payment. Contact the Aetna contact center to answer any additional questions. When our payment service vendor needs to return funds to you, the funds will be returned to the same financial account you originally used to make the payment.

 

In no event will we or our payment service vendor be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of the payment service. When using the payment service, your entered payment method information will be protected by us and our payment service vendor. Our payment service vendor follows major payment card industry (PCI) data security standards.

 

Trademarks

 

The Aetna logo, Aetna, Attain, Attain logo, Attain by Aetna and all other trademarks, service marks, trade names, logos, domain names, URLs and icons ("Marks") appearing on these websites or Applications, registered or not, are the property of Aetna Inc. or their respective owners. Nothing on these websites or Applications grants you any right or license to use any of the Marks on these websites or Applications without the express written permission of Aetna Inc. or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.

 

Ownership of the Applications

 

The Applications, including but not limited to graphics, user interface, audio clips, video clips, scripts, source and object code, proprietary information, materials and any content made available through the Applications are the property of Apple, Aetna and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright and trade secret. The Applications are licensed, not sold, to you. You may utilize the Application(s) only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by Aetna or Apple; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) use the Applications as a service bureau, or lease, rent or loan the Applications to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.

 

Termination

 

Aetna may suspend or terminate your use of or access to the Applications if you fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.

 

Not a Solicitation

 

Nothing in this site should be construed as a solicitation or offer to purchase coverage from Aetna or any of its affiliated companies.

 

Not a Substitute for Professional Health Care or Advice

 

The health information contained in these Applications (for example, Aetna InteliHealth, Aetna Behavioral Health, Aetna Pharmacy and Aetna Dental) is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.

 

Apple-Specific Terms and Conditions

 

In addition to your agreement with the foregoing Terms, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of any Application that is compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including, without limitation, any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to Aetna. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Aetna's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.