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Terms of Use for Devoted Health Platforms, including Devoted.com, SMS/Text Messages, and Mobile Applications

Please read these Terms of Service (the “Terms of Use”) and our Privacy Policy (https://www.devoted.com/privacy-policy/) (“Privacy Policy”) carefully because they govern your use of the website located at www.Devoted.com (the “Site”), corresponding mobile applications (“App” or “Apps”), and oral and electronic communications, including email and SMS/text messages, to and/or from Devote Health, Inc. Inc., and its subsidiaries, affiliates and managed entities (collectively “Devoted Health”). To make these Terms easier to read, the Site, our services and Apps are collectively called the “Services.”  This page and any pages it links to explains Devoted.com’s Terms of Use. If you do not agree to these Terms of Use or to our Privacy Policy, you must not access or use Devoted.com.  By using any of our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services. 

The owner of the Services is a Delaware corporation. We provide the Services for use only by persons located in the United States. We make no claim that the Services or any of its content is accessible or appropriate outside the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access or use the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.

Who We Are

Devoted Health is a healthcare company that provides Medicare Advantage plans, healthcare, and clinical services. Our mission is to take care of the health of every member like they were our own family.

Acceptable Use of the Services

You agree to use the Services only for lawful purposes not in a way that violates any applicable federal, state, or local law. You must also use the Services in a way that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Services by anyone else. You also may not use the Services to transmit, or procure the sending of, any “junk mail,” “chain letter,” or “spam” or other similar solicitation, or to impersonate, or attempt to impersonate, Devoted Health, a company employee, another user, or any other person or entity. 

You are responsible for making all arrangements necessary for you to have access to or use the Services and for ensuring that all persons who access or use the Services through your internet connection are aware of these Terms of Use and comply with them. 

We may update the Terms of Use from time to time at our sole discretion. It’s important that you review the Terms of Use whenever you access or use the Services. If you continue to use the Services after we have posted updated Terms of Use it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not continue to use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Further, we update Devoted.com frequently to ensure our content is up-to-date and relevant for members, however we take no responsibility for any content that may be out of date or incomplete. This is not applicable to Devoted Health’s Medicare Advantage plans. We can change or remove content at any time without notice. We will not be liable if for any reason all or any part of Devoted.com is unavailable at any time or for any period. From time to time, we may restrict access to some or all Devoted.com to our users (including to users who may register with us).

Mobile App Terms of Use

App License. If you comply with these Terms, Devoted Health grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms of Use, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

We may release updates, bug fixes, or new features for the App from time to time. These may be installed automatically on your device without separate notice or consent.

By using the App, you grant permission for Devoted Health to access your device’s system features and services and send notifications, such as:

  • Push notifications;
  • Camera, microphone, or location services;
  • Biometric authentication;
  • Contacts; and/or
  • Calendar

You may manage or revoke these permissions through your device settings at any time. Certain features of the App may not function properly if access is disabled.

Mobile data and messaging charges may require an internet connection. Standard data and messaging charges from your wireless carrier may apply when downloading, using, or receiving notifications from the App. Devoted Health is not responsible for these charges.

App Store terms if you downloaded the App from the Apple App Store or Google Play Store:

  • These Terms are between you and Devoted Health, not Apple or Google.
  • This Section applies to any App that you acquire from the Apple App Store or use on an iOS device, the Google Play Store or use on an Android device, or from the Site. Neither Devoted Health nor Apple nor Google has any obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable party and, to the maximum extent permitted by applicable law, they will have no other warranty obligation whatsoever with respect to the App. None of the parties are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Devoted Health, Apple, and Google are not responsible for the investigation, defense, settlement and discharge of any third-party claim against you that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries and Google and its subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance of the Terms of Use. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

Third-Party Services: The App may include integrations or services provided by third parties, such as analytics tools, map services, or authentication services. Your use of those services may be governed by separate terms and privacy policies. Devoted Health is not responsible for the content or practices of third-party services used in the App.

If you provide feedback, suggestions, or ideas regarding the App or the Services, you agree that we may use and incorporate your feedback without restriction or compensation to you.

Viruses, Hacking and other Offences

When using the Services you must not introduce viruses, trojans, worms, logic bombs or any other material that’s malicious or technologically harmful.

You must not try to gain unauthorized access to the Services, the servers on which they are stored or any server, computer or database connected to them.

You must not attack the Site in any way. This includes denial-of-service attacks or using the Site in any other manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.

You must not use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copyright of any of the material on or made available through the Services. You also must not use any manual process to monitor or copy any of the material on or made available through the Services or for any other unauthorized purpose without our prior written consent unless otherwise permitted under these Terms of Use.

We’ll report any attacks or attempts to gain unauthorized access to the Services to the relevant law enforcement authorities and share information about you with them.

Services and Transactions

You can use the Services to learn about Devoted Health or to read educational information related to healthcare.  

These pages and content can be managed by Devoted Health or one of our partners working on our behalf (like a website development agency).

Some services have their own terms and conditions which also apply - read these before you use the service.  Devoted Health is not responsible for the content or practices of third-party services.

View our Premium Billing Credit Card Policy

SMS (Text) Messaging Terms

By voluntarily providing your phone number to Devoted Health, you consent to receiving SMS (text) messages from us, which may include one-time, periodic, or recurring texts. Such text messages may be directed by us or may be made using automated technology. Message frequency varies.

While you are not required to provide us a phone number as a condition of enrollment, if you do enroll in a program, product, or service that involves periodic or recurring SMS (text) messages, you may leave at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us on that short code, and will not receive any future messages from that shortcode unless you choose to resubscribe.

As of the date of the last update of this policy, we have 4 SMS Short Codes:

  • 86685: Members receive SMS messages from this short code for information related to: plan benefits, programs, products, services, health care related tools, general health information, opportunities to participate in surveys, studies, and other consumer feedback mechanisms, and Devoted Health’s related medical practices.
  • 84305: Individuals interested in learning more about becoming a Devoted Health member will receive messages from this short code for promotional material related to: sales and marketing information, appointment reminders, and pending applications to Devoted Health plans.
  • 50317: Licensed brokers interested in information regarding Devoted Health plans can elect to receive messages from this short code for promotional and educational material related to the sale(s) of Devoted Health plans.
  • 83732: Members receive SMS messages from this short code for information related to products and services provided by Devoted Medical, including appointment details, clinical programming, and access to dedicated healthcare providers. 

If you are experiencing issues with any of our messaging programs, you can reply with the keyword HELP for more assistance, or you can get help directly at hello@devoted.com or by calling 1-800-338-6833 (TTY 711). SMS (text) messages will be sent to the mobile phone number voluntarily provided to us. Message and Data rates may apply. Text messaging may not be available via all carriers. 

You acknowledge that your use of the Services is at your sole risk.  Under no circumstances will we be liable for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of the Services, including SMS (text) messaging, whether or not we have been advised of the possibility of such damages.

We do not guarantee the successful delivery of SMS (text) messages by your wireless carrier, and carriers are not liable for delayed or undelivered messages. Messages sent by SMS (text) may not be delivered if the mobile device 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 wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient's equipment.  We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a SMS (text) message; (b) inaccurate or incomplete content in a SMS (text) message; or (c) use or reliance on the content of any SMS (text) message for any purpose. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Phone 

By voluntarily providing your phone number to us, you consent to receiving calls from us related to Devoted Health. Such calls may be directed by us or may be made using automated technology. Call frequency varies. You are not required to provide us a phone number as a condition of enrollment. If you do enroll in a program, product, or service that involves periodic or recurring phone calls, you may ask us to stop at any time — just call us at 1-800-338-6833 (TTY 711) and let us know.

Email

By voluntarily providing your email address to us, you consent to receiving emails from us, which may include one-time, periodic, or recurring emails. Such emails may be directed by us or may be made using automated technology. Email frequency varies. You are not required to provide us an email address as a condition of enrollment. If you do enroll in a program, product, or service that involves periodic or recurring emails, you may leave at any time. Just click “unsubscribe” at the bottom of an email and you will no longer receive that type of email from us anymore, unless you choose to re-subscribe.

Linking to Devoted.com

We welcome and encourage other websites to link to Devoted Health, so long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Devoted Health without our express written consent. 

You must contact us for permission if you want to either: charge your website’s users to click on a link to any page on Devoted.com or say your website is associated with or endorsed by Devoted Health.

Linking from Devoted.com

The Site links to websites that are managed by other companies or government agencies (for example, portals for Providers and sales brokers, or Medicare.gov). We do not have any control over the content on these websites and these links are provided for your convenience only and do not imply or constitute our endorsement of such website, any products or services offered by and through such websites, any information contained on such websites, or any materials contained therein.  Devoted Health expressly disclaims any and all responsibility for the use of such websites and for their content and accuracy.

We’re not responsible for the protection of any information you give to these websites, any loss or damage that may come from your use of these websites, or any other websites they link to.

You agree to release us from any claims or disputes that may come from using these websites.

You should read all terms and conditions, privacy policies and end user licenses that relate to these websites before you use them.

Using Content from the Services

The Site and Apps and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of these) are owned by Devoted Health, Inc., its subsidiaries, affiliates, related companies, managed entities, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Services for your personal, non-commercial use only (unless you are a provider or a broker). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or made available through the Services, except as follows:

  • Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser or device for display enhancement purposes; and
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials on or made available through the Services;
  • Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on or made available through the Services.

Unless you are a provider or a broker, you must not access or use for any commercial purposes any of the Services or materials on or made available through the Services. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on or made available through the Services is transferred to you, and all rights not expressly granted are reserved by Devoted Health. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other laws. 

The Devoted Health name, Devoted.com, and the Devoted Health logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Devoted Health or its subsidiaries, affiliates, related companies, or licensors. You must not use such marks without the prior written permission of Devoted Health. All other names, logos, product service names, designs, and slogans shown on or through the use of the Services are the trademarks of their respective owners.

Disclaimer

YOUR USE OF THE SERVICES AND ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHILE WE MAKE EVERY EFFORT TO KEEP THE SERVICES UP TO DATE, WE DO NOT PROVIDE ANY GUARANTEES, CONDITIONS OR WARRANTIES THAT THE INFORMATION WILL BE: CURRENT, SECURE, ACCURATE, RELIABLE, COMPLETE, FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WILL MEET YOUR NEEDS OR EXPECTATIONS.

DEVOTED HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE. 

The information presented on or through the Services, except for information related to our offering of Medicare Advantage plans, is made available solely for general informational purposes only. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any user of the Services, or anyone who may be informed of any of contents on or made available through the Services.

This disclaimer includes all health and wellness information and materials provided on or accessed through the Services. This information is not intended for individuals seeking medical or clinical advice. Without limiting the generality of the foregoing, it is expressly understood that the information and materials presented shall not be intended to be nor be implied to be a substitute for professional medical advice, diagnosis, or treatment. Any individual should always seek the advice of a physician or other qualified healthcare provider prior to starting any new treatment, selecting a method of treatment, continuing their existing plan of care, or seeking answers to any questions regarding any medical condition. Nothing contained on or accessed through the Services is intended to be and should not be construed or used for medical diagnosis or treatment. Users of the Services should never disregard professional medical advice or delay in seeking treatment based on the information contained on or accessed through the Services. The use of the Services does not create a physician-patient relationship and does not obligate Devoted Health to follow-up or contact users of the Services.

We’re not liable for any loss or damage that may come from using the Services. This includes:

  • any direct, indirect or consequential losses;
  • any loss or damage caused by civil wrongs (‘tort’, including negligence), breach of contract or otherwise;
  • the use of Services, the Site or any websites that are linked to or from the Site; or 
  • the inability to use the Services and any websites that are linked to or from the Site.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Services. Devoted Health won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

Requests to Remove Content

We take claims of intellectual property (IP) infringement seriously. We will respond to notices of alleged IP infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your IP rights, you may request removal of those materials (or access to them) from the Services by submitting written notification to our IP Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • Include both of the following statements in the body of the DMCA Notice:
    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

    Our designated IP Agent to receive legal Notices is:
    Paul Jernigan, Deputy General Counsel
    privacy@devoted.com
    Devoted Health
    ATTN: Paul Jernigan, Deputy General Counsel
    PO Box 211037
    Eagan, MN 55121

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site or made available through the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Information about You and Your Visits to Devoted.com or use of the Services

We collect information about you in accordance with our privacy policy. By using the Services, you agree to us collecting this information and confirm that any data you provide is accurate.

Virus Protection

We make every effort to check and test the Services for viruses at every stage of production. You must make sure that the way you use the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which can damage your computer system.

WE’RE NOT RESPONSIBLE FOR ANY LOSS, DISRUPTION OR DAMAGE TO YOUR DATA OR COMPUTER SYSTEM THAT MIGHT HAPPEN WHEN YOU USE THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE SERVICES.

Limitation of Liability

IN NO EVENT WILL DEVOTED HEALTH, ITS AFFILIATES, SUBSIDIARIES, MANAGED ENTITIES, RELATED COMPANIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OR MADE AVAILABLE THROUGH THE SERVICES, THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE SERVICES, THE SITE,  OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the City of Boston although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

General

There may be legal notices elsewhere on the Site or the App that relate to how you use the Services.

We’re not liable if we fail to comply with these terms and conditions because of circumstances beyond our reasonable control.

We might decide not to exercise or enforce any right available to us under these terms and conditions. We can always decide to exercise or enforce that right at a later date. Doing this once will not mean we automatically waive the right on any other occasion.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Devoted Health with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will still apply.

Changes to these terms and conditions

Information on or made available through the Services may contain incomplete, inaccurate, out of date, or erroneous information. Information may be changed or updated without notice.

Please check these Terms of Use regularly. We can update them at any time without notice.

You’ll automatically agree to any changes if you continue to use the Services after the Terms of Use have been updated.

Comments and concerns

The Services are provided or operated by Devoted Health; PO Box 211037; Eagan, MN 55121.