Welcome to the website or mobile application of UPMC Health Plan and its affiliates (collectively, “UPMC”), where you can access various electronic services, documentation, content, programs, software, or other materials from UPMC and its affiliates (“online services”). The online services includes access to the MyHealthOnline portal, made available by UPMC to active policyholders, members, and their beneficiaries and by UPMC Benefit Management Services, Inc. (dba “Workpartners”) to members or employees of its clients. UPMC policyholders, members, and beneficiaries as well as members or employees of Workpartners’ clients are collectively referred to herein as “Members”. These terms and conditions apply to UPMC’s online services. UPMC’s affiliates include, but are not limited to, UPMC Health Network, Inc., UPMC Health Options, Inc., UPMC Health Plan, Inc., UPMC Health Coverage, Inc., UPMC Health Benefits, Inc., UPMC for You, Inc., Community Care Behavioral Health Organization, UPMC Work Alliance, Inc., Workpartners National, Inc., UPMC Benefit Management Services, Inc. (dba “Workpartners”), and any other entity affiliated with UPMC’s Insurance Services Division. Please carefully read these terms and conditions.
Note that these terms and conditions contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of disputes within the scope of the Dispute Resolution Section.
By clicking “I Accept,” or by using our online services, or creating a MyHealthOnline Account, you agree to these terms and conditions and terms incorporated herein by reference. If you do not agree to these terms and conditions, you may not access or use the online services.
- General Website Disclaimer
- Relationship to Other Terms
- Privacy Statement
- Cookie Notice
- Terms Applicable to Online Audio and Video Visit Services
- Content Review
- User Accounts
- Acceptable Use
- Social Media
- Online Forms
- Links to Other Sites
- Children's Privacy
- Device Compatibility
- Security
- Restrictions on Use
- Not a Substitute for Medical Advice
- Text Disclaimer
- Suspension and Termination
- International Use
- Warranty Disclaimer
- Limitation of Liability
- UPMC Electronic Communications Terms
- Indemnification
- Dispute Resolution
- Account Termination
- Participation in Promotions of Advertisers
- General
- Language
- Copyright And Trademark Notices
The MyHealthOnline portal registration process is for Members only. Members, to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. Employers and Providers must complete and submit the registration forms linked below for access to the relevant secure portal.
General Website Disclaimer
- If you think that you may have a medical emergency, call your doctor or emergency medical services immediately (911) or go to a hospital Emergency Department. If you are seeking a referral or consultation with a medical expert, please contact the UPMC Consumer Referral Service, Monday through Friday, 9 a.m. to 5 p.m., at 1-800-533-UPMC (8762).
- UPMC’s online services are designed for general patient and member educational and informational purposes only. The information presented describes the products and services offered by UPMC using general terms to improve comprehension.
- With respect to medical information, other than information provided to you by your provider through direct communication, or based on an online care appointment, information made available by UPMC through online services should not be construed as an offer for medical services or as medical advice.
- With respect to other products and services (including products available through the UPMC Health Plan), general terms may be used to improve comprehension. While some specific information may be provided, the information presented through our online services may not contain all the applicable terms, conditions, limitations, or exclusions necessary to fully describe the products and services being described. Product and/or service descriptions are not intended to constitute offers to sell or solicitations in connection with any product or service. Information about the specific terms, conditions, limitations, or exclusions for a specific product or service available through UPMC is fully described in the additional materials available from UPMC.
- UPMC’s online services are designed to supplement — not replace — the relationship you have with your health care provider. Without limitation, UPMC does not recommend or endorse any specific tests, non-UPMC providers, medications, products, or procedures. UPMC asks that you consult a qualified health care professional for any diagnosis or treatment, including information regarding which medications or treatments are safe, effective, or may be appropriate for you.
- UPMC disclaims all liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of our online services. UPMC does not warrant or guarantee that it will be available for your use, that the information will not be offensive to you, or that it will meet your needs and requirements.
Relationship to Other Terms
If there are additional terms associated with a specific online service (for example, MyHealthOnline), you will be presented with those additional terms at the time you access the online service. Those additional terms supplement these Terms and Conditions, and are incorporated herein. However, those additional terms will apply only to that particular online service, and any conflict between these terms and conditions and such supplemental terms will be interpreted in favor of the supplemental terms for that specific online service. Collectively, all these terms constitute an agreement between UPMC and you.
Privacy Statement
For information on the personal information we collect, how we collect such information, and why we collect personal information when you visit or use our online services, review our Privacy Statement. The Privacy Statement explains when, why, and with whom we share that information when you use the online services. The term “personal information” used in these terms and conditions means information about an individual that identifies or describes a natural person.
Our Privacy Statement covers the UPMC Health Plan, its affiliates (including but not limited to UPMC Health Network, Inc., UPMC Health Options, Inc., UPMC Health Plan, Inc., UPMC Health Coverage, Inc., UPMC Health Benefits, Inc., UPMC for You, Inc., Community Care Behavioral Health Organization, UPMC Work Alliance, Inc., Workpartners National, Inc., UPMC Benefit Management Services, Inc. (dba “Workpartners”), and any other entity affiliated with UPMC’s Insurance Services Division), and any of its or its affiliates’ online services accessible that link to the Privacy Statement.
Any information that is defined as protected health information under the Health Insurance Portability and Accountability Act is also governed by, and will be used and disclosed solely as described in the UPMC Health Plan’s Notice of Privacy Practices, not the Privacy Statement. Complete descriptions of your rights under the Health Insurance Portability and Accountability Act can be found at legal/privacy.
If you have any questions concerning the confidentiality of your personal information at UPMC, please contact UPMC’s Office of Patient and Consumer Privacy at 412-647-5757or 1-800-533-UPMC (8762) or email UPMC’s Compliance and Privacy Office at HealthPlanCPO@upmc.edu.
Cookies Notice
The Cookies Notice in the paragraphs below describes the various technologies the integrated academic health system of UPMC and its subsidiaries and affiliates use when you access and use our online services (including UPMCHealthPlan.com, and any subdomains, as well as any other UPMC Health Plan-related websites or mobile applications). Please read this Cookies Notice carefully, as it describes how we collect and store information, including through cookies, pixel tags, and local objects (collectively referred to in this notice as “Cookies”) on our online services, the reasons we use these Cookies, and how you can disable them. This notice applies to any online service where this notice is placed or that references this notice.
a. What are Cookies and why does UPMC use them?
A Cookie is a small text file, including a unique reference code, that is stored in your device by your web browser when you visit or use the online service, and that your browser provides to us each time you return to the online service. Almost every website uses these files. Cookies may store certain information such as your internet protocol (“IP”) address, operating system, device information, browser type and language, referring URLs, access times, pages viewed, links clicked, and other information about your activities or use of the online service. These are used to identify the content you view, the content you provide so that you do not have to re-enter it each time you visit our online services, and your preferences and settings. Cookies also help us provide you with customized content, speed navigation through our online services, allow us to learn about your visit and use of our online services, and to market our products and services to you on our online services and non-UPMC websites based on your interests and preferences. There are two kinds of Cookies: session Cookies and persistent Cookies. Session Cookies last for as long as your internet browser is open. Once the browser closes, the session Cookie disappears. Persistent Cookies are stored on your device for longer periods. Both types of Cookies can create an identification that is unique to your device.
b. What type of Cookies does UPMC use?
We use five different types of Cookies, depending on the online service. These are called Strictly Necessary Cookies, Performance Cookies, Functional Cookies, Analytics Cookies, and Marketing Cookies. We do not use the same Cookies in every online service.
- Strictly Necessary Cookies are essential in order to enable you to move around the online service and use its features. These are temporary Cookies that last only as long as your web browser or application is open, and are used for technical purposes such as enabling better navigation on the online service. Without these Cookies, services you have asked for cannot be provided. Once you close your browser, the Cookie disappears.
- Performance Cookies are stored on your device for longer periods and are used for various performance purposes including tracking the number of visitors to the online service and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. The collected information is collected and stored in aggregate form. These Cookies are used exclusively to improve the performance of the online services and the user experience.
- Functional Cookies enable the website to save information which has already been entered (such as user names, language choices, and your location), so that it can offer you improved and more personalized functions. Functional Cookies are also used to enable features you request, such as playing videos.
- Analytics Cookies are used with our web analytics services from third parties, such as Google Analytics. These services use Cookies to collect information such as IP address, device ID, browser information, geolocation, content viewed, or other similar information for the purpose of analyzing and measuring how visitors use the online services and specific functions and features.
- Marketing Cookies are used to deliver advertisements to you based on your interests and preferences. These Cookies are also used to collect data when you have interacted with our online advertisements. Data we collect for advertising or marketing purposes includes information such as IP address, browser type, location (municipality, not home or street address), date and time of visit, domain type, and activity on the online service. We use and share data from these Cookies with our advertising and marketing partners that enable us to present you with advertising on other sites, or with marketing information, based on your previous interaction with our online service. These Cookies also limit the frequency with which an advertisement appears and measure the effectiveness of advertising campaigns by determining whether you have visited an advertised webpage or our online service. We may permit selected marketing partners to match and identify you using this information.
- We also place Cookies of third parties, such as Google DoubleClick, TradeDesk, LinkShare, Facebook Connect, or Microsoft’s Bing, in the online services that track your interactions with our online services and that third party’s website, content, advertisements, website links, and/or other online services. These Cookies are linked to a user’s use of that third party’s online services. Third-party Cookies are managed by third-party service providers that also provide UPMC with statistical or analytical information and help us provide you with advertisements that we believe would be relevant for you. The information collection and use practices by such are described in that third party’s privacy policies and Cookies notices, not this Cookies Notice.
c. Your Choices: How to Manage and Disable Cookies
You can manage or disable Cookies at any time by adjusting your browser or device settings. Browsers and devices are different, so refer to the settings menu of your browser or device control settings for instructions on how to change your Cookie preferences. If you choose not to receive Cookies, our online services, or portions of our online services, may not function properly or be available to you.
You may also manage and disable Cookies placed by third parties listed above, such as Google DoubleClick, TradeDesk, LinkShare, Facebook Connect, and Microsoft’s Bing, by following the instructions provided by the third parties in their Cookie policies and notices. You can find out how to do this, and find more information on Cookies, at www.allaboutcookies.org. To learn more about the use of Cookies by Google for analytics and to exercise choice regarding those Cookies, please visit the Google Analytics Opt-out Browser Add-on. For information about cookies used by other third parties, visit (as such links may be updated by the third parties from time to time):
- Microsoft: privacy.microsoft.com/en-us/privacystatement
- TradeDesk: https://www.thetradedesk.com/general/privacy
- LinkShare: http://marketing.rakuten.com/affiliate-privacy-policy
- Facebook: https://www.facebook.com/help/568137493302217
You also may be able to opt-out from having certain of our third-party marketing partners use Cookies on our online services to collect data for marketing purposes. Some of these advertising partners are members of the Network Advertising Initiative ("NAI”). To remove yourself from some or all NAI member advertising programs, as further described on the NAI Opt-Out Page, please visit the NAI Opt-Out Page, https://optout.networkadvertising.org, and follow the relevant instructions. Please note that if you delete, block, or otherwise restrict Cookies on your computer, or if you use a different computer or Internet browser, you may need to renew your NAI opt-out choice.
New services and specific Cookies may be added from time to time without prior notice to you. Accordingly, this Cookies Notice may be updated and posted online. Any updated Cookie Notice will become effective when posted. Please review this Cookies Notice periodically.
Terms Applicable to Online Audio and Video Visit Services
If you elect to use UPMC’s live audio and video visit services, such services also constitute online services. Your use of UPMC’s live audio and video visit services are subject to these terms and conditions.
UPMC’S LIVE AUDIO AND VIDEO VISIT SERVICES MAY ONLY BE USED TO REQUEST ADVICE FOR NON-EMERGENCY AND NON-URGENT MEDICAL CONDITIONS. DO NOT USE UPMC’S LIVE AUDIO AND VIDEO VISIT SERVICES IF THERE IS AN EMERGENCY, URGENT CONDITION OR WHEN YOU REQUIRE AN IMMEDIATE ANSWER. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD SEEK EMERGENCY MEDICAL SERVICES IMMEDIATELY OR CALL 911.
IF YOU USE OUR LIVE AUDIO AND VIDEO VISIT SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS AND UPMC’S CONSENT FOR TREATMENT, PAYMENT AND HEALTH CARE OPERATIONS (TPO), AND ACKNOWLEDGE RECEIVING AND READING UPMC’S NOTICE OF PRIVACY PRACTICES.
To access or initiate a UPMC live audio and video visit with a UPMC health provider (“UPMC Provider”), you may be required to create an individual user account in UPMC MyHealthOnline (“Account”). You agree that you will not create more than one Account, or create any account for anyone other than yourself and/or your dependent. In creating an Account, you agree to provide current, accurate information about yourself or your dependent, and you agree that each time you access your Account, you must update all information to keep it accurate, complete, and current. If information is provided that is untrue or incomplete or if it is suspected that the information provided is untrue or incomplete, UPMC may suspend or terminate your Account and refuse to provide you with service(s) in the future.
If elect to be treated by a UPMC Provider, the UPMC Provider will provide a diagnosis and recommend a treatment plan based on the information you provide during your UPMC live audio and video visit. You become a patient of UPMC when you use the UPMC’s live audio and video visit service, and you agree that the health information collected and generated during such UPMC live audio and video visit will be part of your medical record.
During your UPMC live audio and video visit, the UPMC Provider may direct you to a more traditional setting to receive care (such as in the physical presence of a healthcare provider). The UPMC Provider who will be reviewing your request for care and providing you with a diagnosis and/or treatment plan will be a qualified physician, physician assistant, nurse practitioner, health coach or other licensed practitioner. In addition, the record of your UPMC live audio and video visit will be maintained by UPMC as a medical and/or care management record.
Please note that UPMC Providers may, at their discretion, deny a UPMC live audio and video visit and require a physical visit for patients under age 3.
UPMC’s live audio and video visit service is not an internet pharmacy. If medically indicated, your treating UPMC Provider in his/her sole discretion and subject to applicable laws, may write prescriptions relating to your UPMC live audio and video visit as the treating UPMC Provider determines in his/her sole discretion. You understand that only your UPMC Provider will determine whether you need a prescription as part of your treatment regimen.
When you make a UPMC live audio and video visit appointment or participate in a UPMC live audio and video visit, you represent and certify, under penalty of perjury, to UPMC and the UPMC Provider that the following are true and correct in all respects:
- You are not experiencing a medical emergency.
- You will not disregard medical advice previously given to you by another provider based upon the treatment you receive from a UPMC Provider during your UPMC live audio and video visit.
- If you are seeking care on behalf of a minor, you are the minor’s parent or legal guardian and you agree to these terms and conditions and all applicable references contained herein on the child’s behalf. If you are seeking care on behalf of an adult of whom you have proxy permission, you are the legal proxy for such adult, and you agree to these terms and conditions and applicable references contained herein on behalf of the adult.
- If you are seeking care on behalf of a minor, you will be present with the child during the video portion of your UPMC live audio and video visit.
- If you are seeking care on behalf of another person, you are seeking such care with no frivolous intent and are acting within the best interests of the patient.
- You are competent to use the live audio and video service, and you fully understand the terms and conditions set forth herein.
- You understand that there are limitations associated with a UPMC live audio and video visit that may not arise in a traditional, in-person setting, such as technical and connectivity issues that may occur during your live audio and video visit. You have voluntarily chosen to be treated by the UPMC Provider and understand these limitations.
- You have been given the opportunity to ask any and all questions about any medication(s) that may have been prescribed. You understand that there are risks and potential side effects as well as benefits in taking any medication.
- If you are prescribed a medication, you will use the medication for your own medical needs, and you will not distribute, sell, or otherwise dispense the medication(s) to any other person(s).
- You are not requesting the medication from multiple sources in order to provide or add to a stock of such medication or to exceed the amount necessary for your current personal medical needs.
- You understand that certain over-the-counter medications, including herbal medicines and nutraceuticals, may adversely react with prescription medications, and you agree that you will not take any of these over-the-counter medications without first consulting your pharmacist or your primary care physician.
- You will address with the UPMC Provider and your primary care physician any concerns regarding your UPMC live audio and video visit, questions, difficulties, or complications in connection with recommended treatment, or medications prescribed during your UPMC live audio and video visit.
You agree to indemnify and hold harmless UPMC and the UPMC Providers for any claims, damages, losses, charges, costs, expenses, and liabilities arising from or related to any breach by you of the above-certifications.
When you elect to use UPMC’s live audio and video service, you consent to the provision of medical services that may include a diagnosis and treatment plan and related prescribing of certain medication as determined by the UPMC Provider, referral(s), and/or recommendation for a different level of care, as considered necessary or advisable, diagnostic procedures, medical treatment by and/or suggestion for admission to a hospital or other healthcare facilities and other healthcare providers which the UPMC Provider may consider necessary or advisable. You also agree that the UPMC Provider determines whether or not the condition being diagnosed and/or treated is appropriate for a UPMC live audio and video visit.
You further understand that your health information will be shared with a health information exchange in Pennsylvania, “Clinical Connect Health Information Exchange,” and you have reviewed and agree to UPMC’s Clinical Connect HIE Standard Addendum to UPMC’s Notice of Privacy Practices.
When you schedule a live audio and video visit, you agree and represent that:
- All of the information you provide to UPMC and the UPMC Provider during the course of your UPMC live audio and video visit is truthful, accurate and complete, and any failure to do so could result in an inaccurate diagnosis or treatment that could be harmful or ineffective. Accordingly, you will answer each question from the commencement of your requested UPMC live audio and video visit through its conclusion truthfully and accurately, and will fully and completely disclose any and all information concerning your health and medical history that could be relevant to your current condition and need for treatment and/or medication. If you have requested care for a child, you represent that the foregoing statements are true for the information you have provided on the child’s behalf.
- If you fail to provide information that is required to schedule or complete the UPMC live audio and video visit, UPMC and the UPMC Provider reserve the right to refuse to schedule or terminate any UPMC live audio and video visit.
- During any UPMC live audio and video revisit you will make the UPMC Provider aware of any changes to your medical condition or any information previously provided when seeking to obtain a medication refill or any other medical service or product.
- You will comply with all instructions provided by the UPMC Provider following the submission of answers to questions required to obtain the diagnosis received during your UPMC live audio and video visit.
- UPMC is not liable for your failure to adhere to or be compliant with the UPMC Provider’s recommendations or directions, which may include a referral to another provider or specialist.
You agree to indemnify and hold harmless UPMC and the UPMC Providers for any claims, damages, losses, charges, costs, expenses, and liabilities arising from or related to any breach by you of the above representations.
f. Technology Limitations and Disclaimer
Certain mobile devices, including smart phones and tablets, may allow you to complete the UPMC live audio and video visit using the mobile device. UPMC cannot and does not guarantee that every mobile device will allow you to use UPMC’s live video and audio visit service. Also, UPMC is not responsible for any third-party mobile device, application, or system used to access and use the UPMC live audio and video visit service. Use of these third-party technologies is at your own risk. If your mobile device does not permit you to undertake and/or complete a UPMC live audio and video visit with a UPMC Provider, UPMC requests that you try using an appropriate desktop and/or laptop computer to undertake and complete the UPMC live audio and video visit. You must always take precautions in protecting your personal or confidential information and always ensure that your mobile devices and third-party technologies are used in a safe and responsible manner.
Content Review
UPMC's goal is to provide high-quality health information through the content on our online services. We define “content” as all text, images, graphics, tables, audio and video recordings, menu icons, bars, listings, indices, and functions that support content such as links, navigation, searches, and calculations. Every effort has been made to provide accurate and current information that will be useful to the reader.
Much of the information provided on our online services was authored by, or has been reviewed by, UPMC staff. However, some of the consumer education information on our online services is provided through a contract with third parties.
We follow a standard set of editorial procedures for information that we post on our online services. However, we specifically disclaim any guarantees or warranties, whether expressed or implied, as set forth in detail below. It is the responsibility of visitors to our online services to evaluate the information we provide and determine its relevancy and usefulness to them.
UPMC uses original, licensed stock, and purchased photography on our online services. The individuals portrayed in the images may be models, and their inclusion is not intended to imply any endorsement or association with any illness or condition.
Please contact our Webmaster (webmaster@upmc.edu) with any feedback or concerns about the content provided on our online services.
User Accounts
You are responsible for the secure and proper use of any user accounts that you establish on our online services. You are also responsible for any actions taken utilizing your user account(s). UPMC strongly encourages you to not share your username and password, and you shall not share your username or password to allow anyone access to your account in order to use a UPMC live audio and video service. You understand that UPMC takes no responsibility for, and disclaims all liability for damages arising from, your sharing your account(s) with others, or your account(s) being compromised. If at any time you feel that your user account has been compromised or that your information has been inappropriately disclosed or used in any way, you should immediately (a) change your password, then (b) contact UPMC. If UPMC has reason to believe that your account has been compromised or misused, UPMC may suspend or discontinue your account(s) without prior notice.
Acceptable Use
You agree not to access or use any account that you create on our online services in an unlawful way or for an unlawful or illegitimate purpose, or in any manner that is not consistent with these terms and conditions. You shall not post, use, store, or transmit (a) a message or information under a false name, or misrepresent authorization to act on behalf of others, or assign false attribution or origin; (b) information that is knowingly wrong or deceptive, unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You agree not to attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the online service.
You shall not attempt to disrupt the operation of our online services by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use your account in any manner that could damage, disable, or impair our online services. You shall not attempt to gain unauthorized access to any user accounts, computer systems, or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other similar means to access your account for any purpose, or to harvest or collect personal information of any kind about any other individual who uses the online services.
Social Media
UPMC encourages open dialogue and appreciates the importance of the visitor experience. In certain cases, UPMC may give you the opportunity to post information on one of our online services or other social media sites in which UPMC participates (such as Facebook). We encourage you to share your story, to "like" any post, and to share with your friends using “share” links. Discussions, questions, and commentary are welcome, and UPMC asks that posts be respectful. Through UPMC’s participation on any social media site, UPMC agrees to observe the site’s posting guidelines and terms and conditions, as well as our own.
UPMC shall not be held responsible for content submitted by other social media site users. UPMC also reserves the right, but is not obligated, to remove any posts, graphics, comments, videos, photos, or any other content that:
- Is libelous, defamatory, or disparaging
- Violates another party’s copyright, trademark, or other intellectual property rights
- Affects the privacy rights of any of our patients, including the person posting the content, or of any UPMC employee
- Condones or promotes illegal activity
- Is inaccurate, misleading, fraudulent, or deceptive
- Uses harsh, obscene, hateful, or threatening language
- Is spam, or is intended to cause technical disruptions to a UPMC online service or social media site
- Offers unauthorized advice or tips
- Markets commercial products or solicits monetary contributions to any organization
- Is off-topic or excessive
- Violates any applicable law
UPMC is not obligated to respond to any post or request for information or advice made on a social media site. Any health information provided is for informational purposes only and is not a substitute for professional medical advice.
Online Forms
At times, UPMC may ask you for personal information while you are visiting our online services. We ask for this information to deliver materials that you have requested, to respond to a question you have asked, or to provide you with a product or service.
When you enter data into an online form on our online services, the personal information you type is protected and securely transmitted to us through a method such as a Secure Sockets Layer (SSL). SSL is the standard method that websites use to protect visitors' information by coding or "encrypting" everything from credit card transactions to enrollment data.
Links to other sites
Throughout UPMC’s online services, links may be provided to non-UPMC websites. These links are provided only as a convenience. If you decide to access these linked websites, you do so entirely at your own risk. UPMC has no responsibility or control over the content or security of these websites, and makes no representations and gives no warranties with respect to the accuracy or completeness of any information contained therein. The inclusion of any link does not imply affiliation, endorsement, or adoption by UPMC of the linked website or its content, nor of the organization hosting the website. UPMC asks that you take appropriate precautions to ensure that whatever links you select are free from viruses and other types of malware. You agree that UPMC shall not be responsible for any loss or damage of any kind incurred because of your access or use of these websites.
Children’s Privacy
UPMC is committed to protecting the privacy of children. UPMC’s online services are not intended or designed to attract children under the age of 13. We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our websites are directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at webmaster@upmc.edu. If we learn that we have collected any personal information from children under 13 years old, we will promptly take steps to delete such information.
Device Compatibility
UPMC cannot guarantee that every device (smartphone, tablet, or PC) or Internet browser is capable of properly performing all functions of all UPMC online services. If your device does not permit you to perform a website function, you should use a different compatible device instead. UPMC is committed to providing information platforms that are reasonably accessible to all users, including those with disabilities.
Security
UPMC maintains commercially reasonable standards of security for protecting our online services and information. Even so, no data transmission over the Internet is 100% secure. You should take appropriate precautions to protect personal and confidential information, and to use your devices/online services in a secure and responsible manner. UPMC is not responsible for the security of your devices, and expects that you will configure them in a secure and responsible manner. UPMC is not responsible for the security of your devices. If you have concerns about the transmission of your information over the Internet, you should consider using non-electronic communication methods.
Restrictions on Use
By using our online services, you agree to the following terms and conditions, which constitute an agreement between UPMC and you.
UPMC owns the information on our online services. The entire contents and design of our online services are protected under U.S. and international copyright laws. You may look at our online service online, download information to your computer to read later, or print copies of pages for yourself, your family, or your friends. However, you must not remove any copyright notices from our materials. We reserve all other rights, which means that you must not sell our information, rewrite or modify it, redistribute it, use it on your own website, or use it for any other commercial purpose without our prior written permission.
We usually permit other organizations to provide a simple link from their site to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that could confuse our users. To request permission, please email the Webmaster (webmaster@upmc.edu).
You are responsible for the secure and proper use of any user accounts that you establish on our online services. You are also responsible for any actions taken utilizing your user account(s). UPMC strongly encourages you to not share your username and password, except that you shall not share your username or password to allow anyone access to your account in order to use a UPMC’s live audio and video service. You understand that UPMC takes no responsibility for, and disclaims all liability for damages arising from, your sharing your account(s) with others, or your account(s) being compromised. If at any time you feel that your user account has been compromised or that your information has been inappropriately disclosed or used in any way, you should immediately (a) change your password, then (b) contact UPMC. If UPMC has reason to believe that your account has been compromised or misused, UPMC may suspend or discontinue your account(s) without prior notice.
You agree not to access or use any account that you create on our online services in an unlawful way or for an unlawful or illegitimate purpose, or in any manner that is not consistent with these terms and conditions. You shall not post, use, store, or transmit (a) a message or information under a false name, or misrepresent authorization to act on behalf of others, or assign false attribution or origin; (b) information that is knowingly wrong or deceptive, unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You agree not to attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the online service.
You shall not attempt to disrupt the operation of our online services by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use your account in any manner that could damage, disable, or impair our online services. You shall not attempt to gain unauthorized access to any user accounts, computer systems, or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other similar means to access your account for any purpose, or to harvest or collect personal information of any kind about any other individual who uses the online services.
Not a Substitute for Medical Advice
The contents of the UPMC online services, such as text, graphics, images, information obtained from UPMC's licensors, and other material contained on the UPMCHealthPlan.com online services ("Content") are for informational purposes only and does not render medical advice or professional services unless we otherwise indicate. The information provided through our online services should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on UPMC's online services.
UPMC disclaims any liability whatsoever for any documentation, information, programs, software, or other material which is or may become a part of the online services. UPMC does not warrant or guarantee that the information will not be offensive to any user. User is hereby put on notice that by accessing and using the online services, user assumes the risk that the information and documentation contained in the online services may be offensive and/or may not meet the needs and requirements of the user.
If you think you may have a medical emergency, call your doctor or emergency medical services immediately. If you are seeking a referral or consultation with a medical expert, please contact the UPMC Consumer Referral Service, Monday through Friday, 9 a.m. to 5 p.m., at 1-800-533-UPMC.
Text Disclaimer
If you choose to communicate with UPMC through text messages (SMS/MMS) or subscribe to receive information from UPMC through an online service that includes text messaging, such communications will be governed by these Terms and Conditions.
If you choose to communicate with UPMC through text messages (SMS/MMS), UPMC will use reasonable means to protect the privacy of your health information sent by such messages as provided in our Privacy Statement. However, UPMC cannot guarantee that communication via texts will be confidential. Data transmission over cellular airwaves cannot be guaranteed to be 100 percent secure. Additionally, UPMC will not be liable in the event that you or anyone else inappropriately uses your device or accesses your text data. UPMC will not be liable for improper disclosure of your health information that is not caused by UPMC's intentional misconduct.
At the discretion of UPMC, its staff, UPMC Providers (as applicable), and agents and upon your agreement to the terms outlined, you may use text messages (SMS/MMS) to communicate with UPMC. These messages may contain your personal health information. If you decide to use text messages to communicate with UPMC, you should be aware of the following risks and your responsibilities:
- You consent to communicate by text messages by opt-in to the mobile phone number you provided to UPMC.
Program Name Short code Description UPMC Health Plan 876247 Marketing and Member Communication If you have any questions or need help, text HELP or call 1-844-220-4785. To discontinue receiving text messages from, text STOP. Message frequency varies. Message & Data Rates May Apply. UPMC Health Plan 47982 One-on-one texting support with Member Services If you have any questions or need help, text HELP or call 1-844-220-4785. To discontinue receiving text messages from, text STOP. Message frequency varies. Message & Data Rates May Apply. UPMC Health Plan Care Mgt Requested One-on-one texting support with Member Services If you have any questions or need help, text HELP or call 1-844-220-4785. To discontinue receiving text messages from, text STOP. Message frequency varies. Message & Data Rates May Apply. Workpartners Requested Text updates from Workpartners You will receive communication from this code for Workpartners service delivery updates.
If you have any questions or need help, text HELP or call 1-844-890-7457. To discontinue receiving text messages from, text STOP. Message frequency varies. Message & Data Rates May Apply. - UPMC does not have a separate charge for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. UPMC does not warrant that your mobile carrier will enable your participation in this service.
- By providing your consent to participate in this program, you approve any charges from your mobile carrier relating to text messages to or from UPMC. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
- UPMC reserves the right to terminate this text service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of texts you receive.
- By enrolling in a subscription program, you consent that following such a request to unsubscribe from a subscription program or from all SMS/MMS messaging, you will receive one (1) final message from UPMC confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription.
- You must be 18 years old to be eligible to use the service. By opting-in to communicate with UPMC by text participate in a Campaign Text or Member Text you are representing that you are at least 18 years of age.
- United States Participating Carriers Include: Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.
*T-Mobile is not liable for delayed or undelivered messages.
The provisions of the UPMC’s relevant Privacy Statement are hereby made applicable to communications to or from UPMC by text messages. Modern information and communication technologies play a fundamental role in the activities of an organization like UPMC. We are based in the United States of America. Our principal activity is the delivery of health care services.
Suspension and Termination
UPMC may suspend or terminate your access to an online service at any time, for any reason or for no reason at all. UPMC has the right (but not the obligation) to refuse to provide access to an online service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. UPMC reserves the right to change, suspend, or discontinue all or part of the online service, temporarily or permanently, without prior notice.
International Use
UPMC’s online services are designed for and intended for users in the United States of America only. UPMC, its affiliates and UPMC Providers make no representations that the online services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the online service from territories where the content in the online services is illegal is prohibited. If you choose to access or use the online services from a location outside the United States, you do so on your own initiative and risk, and you are solely responsible for compliance with local laws.
Warranty Disclaimer
YOUR USE OF THE ONLINE SERVICES (INCLUDING ANY DOCUMENTATION, INFORMATION, PROGRAMS, SOFTWARE, OR OTHER MATERIAL ACCESSED ON THE ONLINE SERVICES) IS AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UPMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, UPMC DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED THE ONLINE SERVICES WILL BE CORRECTED;
UPMC IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR ONLINE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UPMC OR ITS AFFILIATES OR THROUGH OR FROM THE ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE ONLINE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, UPMC CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE ONLINE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICE OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICE THAT RESULT FROM ANY ACT OR OMISSION OF UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICE OR PROVIDES A LINK TO THE ONLINE SERVICE HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE FULLEST EXTENT PERMITTED UNDER SUCH LAW.
UPMC Electronic Communications Terms
These UPMC Electronic Communications Terms (“EC Terms”) apply to communications with you using email, text messaging, chat, and other forms of electronic communications. They describe the conditions on which the integrated academic health system of UPMC and its subsidiaries and affiliates (collectively, “UPMC,” “we,” “us,” or “our”) enable you to communicate with us using these electronic communications services.
These EC Terms are part of the Terms and Conditions, which are incorporated here as well. Defined terms used in these EC Terms that are not defined here have the definitions given to them in the Terms and Conditions. Please carefully read these EC Terms before communicating with UPMC electronically.
At the discretion of UPMC, its staff, physicians, and others representing UPMC, we may communicate with you using various electronic communications tools, including:
- Internet Email
“Internet email” refers to the email that is sent via the Internet using a standard protocol called “Simple Mail Transfer Protocol” or “SMTP.” Internet Email based on SMTP is not encrypted and cannot be considered secure.
UPMC will use reasonable means to protect the privacy of your information sent by email. As email is sent via the Internet and is not encrypted, UPMC cannot guarantee that messages sent by you will remain confidential prior to delivery. Accordingly, UPMC suggests that you do not send sensitive or confidential information, including your health information, by Internet email, nor agree to receive such information from UPMC by Internet email, if you have concerns regarding confidentiality. UPMC is not liable for unauthorized interception or disclosure of your confidential information you send through Internet email.
- Secure Messaging
UPMC may provide a secure means for you to communicate electronically with UPMC through a secure system within certain of our Online Services, such as MyHealthOnline. In such cases, UPMC will let you know that the messaging system is secure for communicating electronically with UPMC.
- Texting
UPMC communicates with users through text messages, or SMS/MMS, on a limited basis, and only with prior approval from the user. Typically, these messages are intended to be general in nature, such as appointment reminders or, specifically with respect to MyHealthOnline, account activation communications. In limited circumstances, we may agree to communicate additional information with you through text messaging.
If you choose to communicate with UPMC through text messages (SMS/MMS) or subscribe to receive information from UPMC through an online service that includes text messaging, such communications will be governed by our Text Messages (SMS/MMS) Terms and Conditions set forth above.
- Online Forms
When you enter data into an online form on our Online Services, the personal information you type is protected and securely transmitted to us through a method such as a Secure Sockets Layer (SSL). SSL is the standard method that websites use to protect visitors’ information by coding or “encrypting” everything from credit card transactions to enrollment data.
2. Risks and Your Responsibility
Your electronic communications may contain your sensitive and confidential information, including your health information. If you decide to use such means to communicate with UPMC, you should be aware of the following risks and/or your responsibilities:
- UPMC will use industry best practices to secure electronic communications with you. However, certain types of Internet communications are not secure or private, and unauthorized people may be able to intercept, read, and possibly modify the content of these communication that you send to or receive from UPMC. By example, as described above, Internet email is not considered secure because it is not encrypted.
- You must protect your accounts, passwords, and electronic devices against access by unauthorized people. If you learn that your account has been compromised, it is your responsibility to notify UPMC if such compromise impacts your communications with UPMC. UPMC will not be liable if you or anyone else inappropriately uses your account(s), as applicable.
- UPMC will not be liable for improper disclosure of any information that is sent to us when you use your electronic communications prior to the time that UPMC receives it.
- Because electronic communication tools can be used to spread viruses, you should install and maintain virus protection software on your computing devices.
- Because electronic communication may be copied, printed, and/or forwarded by anyone who receives your communication, you should be careful regarding to whom you send such communications.
- As your employer may claim ownership of, or the right to access, an Internet email account issued to you by your employer, you should avoid using an employer-issued Internet email account to communicate with UPMC. If you do provide an employer-issued email account to communicate with UPMC, you understand and agree that your employer may have the right to access all email sent by UPMC to the account, and you provide permission to UPMC to send email, including billing statement availability emails, to the account, unless and until you change the email address for UPMC communication in MyHealthOnline. UPMC will not be liable for any loss of privacy or confidentiality if you choose to communicate with UPMC using an employer-issued Internet email account.
3. Conditions for Communicating Electronically with UPMC
By communicating electronically with UPMC, you agree that:
- UPMC may forward your communications as appropriate for diagnosis, treatment, reimbursement, billing, and other related reasons. As such, UPMC staff members, other than the recipient, may have access to communications that you send. Such access will only be to such persons who have a need to access your electronic messages to provide services to you. Otherwise, UPMC will not forward your communications to independent third parties without your prior written consent, except as authorized or required by law.
- Although UPMC will try to read and respond promptly to electronic communications, UPMC staff may not read your communications immediately. Therefore, you should not use electronic communication tools to communicate with UPMC if there is an emergency or where you require an answer in a short period of time. For a medical emergency, you should dial 911 or go immediately to a hospital Emergency Department. If your communication requires or asks for a response and you have not received a response within a reasonable period of time, it is your responsibility to follow up directly with UPMC.
- You will carefully consider the risk of using electronic communication tools to send sensitive medical information including, but not limited to, information regarding sexually transmitted diseases, HIV/AIDS, mental health, developmental disability, or substance abuse. You should consider other forms of communication to discuss such types of sensitive medical information. Sending this kind of information to UPMC using public electronic communications services such as email and SMS is at your own risk and responsibility.
- You will carefully word communications so the information provided clearly and concisely describes the information you intend to convey.
- UPMC reserves the right to save your communications in your medical record if your communication constitutes protected health information under the applicable Notice of Privacy Practices.
- It is your responsibility to follow up and/or schedule an appointment if warranted or recommended by UPMC.
- Electronic communications tools may not be the only form of communication that UPMC will use to communicate with you.
- UPMC may decide that it is not in your best interest to continue to communicate with you electronically. In such case, UPMC will notify you that it no longer intends to communicate with you by such means.
- If you provide an Internet email address to UPMC for communication, UPMC may use that email address to communicate with you for a variety of purposes, such as billing related matters.
4. Electronic Communication Instructions
When using electronic communications tools to communicate with UPMC:
- You will immediately inform those individuals at UPMC with whom you communicate of changes in your email address, cell phone number, or preference for communicating.
- You will limit communications to the clear and concise information that you wish to convey to UPMC.
- You are responsible for correcting any unclear or incorrect information you provide.
- You will send communications only to addresses and phone numbers as instructed by UPMC.
- You will include in the body of the communication your name and such other information as is necessary for UPMC to identify you.
- You will include the category of the communications in the subject line of the message, for handling purposes (e.g., prescription, appointment, medical advice, billing question). Prior to sending a communication, you will review the communication to make sure it is clear, and that all relevant or requested information is provided.
- You consent to communicate by e-mail by sending an e-mail to all of the e-mail addresses (mailboxes) that you had previously communicated to.
- You can unsubscribe from UPMC emails at any time. To unsubscribe from an electronic message service, follow the instruction provided to you in our message.
Should you have any questions regarding these EC Terms, or the use of electronic communications to communicate with UPMC, please send an e-mail to: webmaster@upmc.edu
Address: 200 Lothrop St.
City, Zip: Pittsburgh, 15213
State: PA
Country: USA
INDEMNIFICATION
You agree to indemnify and hold UPMC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the online services.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH UPMC ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM UPMC.
a. Scope of Dispute Resolution Section
As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the online services or to these terms and conditions. This Section does not apply to any of the following types of claims: (i) claims by employees of UPMC entities related to the terms or conditions of their employment; (ii) claims by, or on behalf of, UPMC patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to the patient’s medical care at any UPMC facility or by a UPMC provider; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)
You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and UPMC agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and UPMC agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.
c. Agreement to Arbitrate and Jury Waiver
You and UPMC mutually agree to resolve Disputes (as defined below) with UPMC in arbitration, as set forth in more detail below. Both you and UPMC waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the online services, use of any Cookies or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these terms and conditions, whether or not related to the online services, and including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by UPMC employees related to the terms or conditions of their employment, claims by or on behalf of UPMC patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to a patient’s medical care at any UPMC facility or by a UPMC provider, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
d. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
e. Arbitration Administration and Certain Procedures
You and UPMC agree that, if and as available, any arbitration will be administered by JAMS under either its Streamlined or Comprehensive Arbitration Rules and Procedures, as applicable (“JAMS Rules”), except as otherwise modified by these Terms. The JAMS Rules are available here: https://www.jamsadr.com/rules-streamlined-arbitration/ or https://www.jamsadr.com/rules-comprehensive-arbitration/.
The JAMS form for a written demand for arbitration is available at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.
If JAMS is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that JAMS should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on JAMS being available or willing to conduct the arbitration.
You and UPMC also agree to the following relating to any arbitration proceeding:
- You and UPMC waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
- Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
- The arbitrator will be either a retired judge or an attorney licensed to practice law in Pennsylvania and will be selected by the parties from the JAMS roster of arbitrators. If you and UPMC are unable to agree to an arbitrator within fourteen (14) days of JAMS’ notice to the parties of its receipt of the arbitration demand, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
- The arbitrator may award declaratory or injunctive relief only in favor of you or UPMC and only to the extent necessary to provide the relief warranted by your or UPMC’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or UPMC.
- These Terms affect interstate commerce and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
- You have the right at your own expense to be represented by an attorney of your own choosing. UPMC, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, UPMC will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse UPMC for all costs and fees associated with the arbitration that UPMC paid on your behalf which you otherwise would be obligated to pay under the JAMS Rules.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these terms and conditions and will remain valid and enforceable, except as prohibited by applicable law.
ACCOUNT TERMINATION
If you wish to terminate your account, you may do so by notifying the Health Plan's Help Desk at 1-888-876-2756.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with advertisers on the online services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. UPMC shall not be responsible or liable for any part of any such dealings or promotions.
GENERAL
UPMC controls our online services from our offices in Pittsburgh, Pennsylvania, USA. You and UPMC agree that, except as stated in the Dispute Resolution Section above, your access to the online services and these terms and conditions, and any Dispute between you and UPMC relating to your use of the online services and these terms and conditions, will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts-of-laws provisions.
These terms and conditions are governed by the laws of the State of Pennsylvania and the United States of America. Use of the online services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and UPMC as a result of these terms and conditions or use of the online services. UPMC’s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in these terms and conditions is in derogation of UPMC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the online services or information provided to or gathered by UPMC with respect to such use. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these terms and conditions constitute the entire agreement between the user and UPMC with respect to the online services (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UPMC with respect to the online services. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and UPMC agree that any cause of action arising out of or related to this online services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these term and conditions are solely used for the convenience of the parties and have no legal or contractual significance.
LANGUAGE
It is the express will of the parties that these terms and conditions and all related documents have been drawn up in English. UPMC provides free aids and services to people with disabilities to communicate effectively with us, such as: (i) qualified sign language interpreters and (ii) written information in other formats (large print, audio, accessible electronic formats, other formats). UPMC also provides free language services to people whose primary language is not English, such as: (i) qualified interpreters and (ii) information written in other languages. If you are a Member and need these services, contact the Member Services phone number listed on the back of your member ID card. Otherwise, please call 1-844-220-4785 (TTY: 711).
COPYRIGHT AND TRADEMARK NOTICES
All contents of the online services are: Copyright © 2001 University of Pittsburgh Medical Center Health Plan and Antares Management Solutions. All rights reserved.
TRADEMARKS. University of Pittsburgh Medical Center Health Plan, Antares Management Solutions and/or other University of Pittsburgh Medical Center Health Plan products and services referenced herein are either trademarks or registered trademarks of University of Pittsburgh Medical Center Health Plan. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
Last Revised 7/8/2025.