Terms of Service | Magellan
Last Updated: December 3, 2021
Section 1: NeuroFlow’s Terms of Service and Use
The Services are offered to users aged thirteen (13) years or older. By using the Services, users aged thirteen (13) to eighteen (18) years certify that they have parental consent to do so. By using the Services, you both represent and warrant that you meet the eligibility requirements for use of the Services.
- Purpose and Website Services
The Services are made available to you with the purpose of providing you with information, and should in no way be used as an alternative to medical treatment. The Services are not a medical device, treatment, service, or substitute. The Services are not intended to provide medical advice or to diagnose, cure, treat, or prevent any disease or mental illness. The Services should not be used in place of medical treatment by a licensed professional. If you are concerned about your mental or physical health, please see a licensed professional. The Company is not responsible for any health problems you may have or develop before, during, or after the use of the Services. The Services are not monitored continuously by a mental health professional. You can find information for mental health crisis resources here: https://www.neuroflow.com/resources
By providing a credit card or other payment method that the Company accepts, you represent and warrant that you are authorized to use the designated payment method and that you authorize the Company (or its third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before the Company proceeds with your Order. If a payment is not successfully settled and you do not edit your payment method information or cancel your Order, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Order or changes in applicable taxes or other charges, and you authorize the Company (or its third party-payment processor) to charge your payment method for the corresponding amount.
- Suspension and Termination
- Accounts and Passwords
To access and use certain features of the Services, you will need to create an account. As part of the process to create, register, and maintain your account, you agree to provide the Company with certain current, complete, and accurate registration information that has been requested by the Company during the account registration or renewal process.
- License Granted
The Company hereby grants you a limited, non-exclusive, non-transferrable, and revocable right and license to:
- Company’s Intellectual Property Rights
The Websites and their contents, features, and functionality are owned by the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All text, images, data, content, photographs, audio files, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, illustrations, descriptions, artwork, computer code, and all other material (collectively, the “Content”), including without limitation design, layout, structure, selection, coordination, expression, “look and feel,” arrangement, and combination of the Content, contained or made available on the Websites, is owned, controlled, or licensed by the Company, and is protected by trade dress, service mark, trademark, copyright, patent laws, and various other intellectual property rights and unfair competition laws in the United States and other countries.Except as expressly provided herein, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or modified in any way, or uploaded to any other computer, server, website, or other medium for publication or distribution or for any other commercial enterprise, without the Company’s prior express written consent. Notwithstanding the prior statement, any doctor, physician, or other licensed medical professional using the Services as part of delivering medical services may utilize their patient’s information provided on the Websites with the patient’s consent. Any personal user may utilize their own information for their personal, non-commercial use only.Except as expressly provided herein, no part of the Websites, Services or Content may be used for the benefit of any third party, or sold, offered for sale, re-sold, or offered for re-sale to any third party. By accessing the Services, you agree not to decompile, disassemble, reverse-engineer, prepare derivative works of or modify any part of the Websites, Services, Content, or software, or to use or attempt to use third parties to do any of the foregoing.The Company may change, delete, update, or replace the Content at any time. The Content is available for informational purposes only and is not binding on the Company.
- User Content and User Data
- Use Restrictions
- use the Websites in any way that violates any applicable local, state, federal, or international law or regulation;
- send, knowingly receive, upload, download, use, or re-use any data, information, Content, or part of the Websites or Services for any purpose besides personal, non-commercial use, unless expressly authorized by the Company to do so;
- impersonate, or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with the aforementioned);
- engage in any conduct that may harm the Company or other users of either Website or expose them to liability or send offensive or harassing material to another user;
- send unsolicited messages to a Company employee or another user;
- use the Websites to post or transmit any files which contain viruses, worms, Trojan horses, or other code that manifests contaminating or destructive purposes; use the Websites in a manner that could disable, overburden, damage, or impair the Websites; or interfere with any other user’s use of the Websites;
- post, store, or transmit data or content that violates or infringes any third party rights; is false, misleading, or inaccurate; is injurious to any third party; or defames, libels, or disparages any third party;
- use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites, without prior written consent;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites; or
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, SECURITY, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The Company makes no warranty that the Services or Websites will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or the Websites.THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE SERVICES WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR DEVICE, OR COMPLETE, OR WILL BE OFFERED OR PROVIDED ON A CONSTANT, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ERRORS WILL BE CORRECTED, IMMEDIATELY OR OTHERWISE, OR THAT THE WEBSITES OR CONTENT WILL BE VIRUS-FREE OR PROTECT YOUR COMPUTER OR DEVICE FROM DESTRUCTIVE CODE. THE COMPANY WILL MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, RELIABILITY OR RESULTS OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON THE SERVICES, YOU DO SO AT YOUR OWN RISK.
- Limitation of Liability
- Third-Party Content
The Services may contain links to other websites. Unless expressly stated otherwise, the Company does not control or endorse such websites, and the Company assumes no responsibility or liability for any loss or damage arising out of their use.
- Governing Law, Jurisdiction, and Venue
- No Waiver
Any suggestions, comments or other feedback you give the Company about the Services will be the Company’s confidential information. The Company is free to use, disclose, reproduce, license, distribute and exploit this feedback as the Company sees fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
- Contact Us
Section 2: DCBT Location-Based Usage
- The Digital Cognitive Behavioral Therapy (DCBT) programs in the NeuroFlow application are provided by Magellan Healthcare, Inc., a Magellan Health, Inc., company (collectively referred to as “Magellan.”)
- These DCBT programs are made available to you through an entity that purchases services from Magellan. This entity might be your insurance company, your employer, an EAP provider, your doctor’s office, a college, or some other type of organization.
- You are reading these terms and conditions as a user of Magellan’s DCBT programs. As a user, you have been granted a limited, personal, non-exclusive, non-transferable license to access these programs. Your access to these programs may be terminated under either of the following two conditions. 1) The entity’s (as described above) contract with Magellan ends and is not renewed, or 2) You engage in inappropriate or illegal use of NeuroFlow’s or Magellan’s digital platforms (apps, websites, etc.).
- MoodCalmer and FearFighter® are only for use in the US, Canada, Mexico, Central America and the Caribbean.
- You should not construe the material in Magellan’s DCBTs as an offer for medical services or as advice on medical treatment. The information presented by Magellan is general in nature and is not a substitute for professional health care. Consult a physician or other qualified healthcare professional before making health-related decisions. Should you have a medical emergency, or if at any time while using the software, your mood gets worse or you have thoughts of harming yourself or others, please immediately call 911 or go to the nearest emergency room.