Forced Arbitration — a service of Madgett Law, LLC, a Minnesota law firm. It is not a government agency, is not affiliated with the Minnesota Attorney General or any other government office, and is not a legal aid or public interest legal services organization.

As captured on ; terms may have changed since.

Sector
Education, health, and senior services
Source
https://member.uhc.com/medicare/medicare/reference/terms-of-use
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
8862299ebef3d1425ed12442af121249f5a915da7173c1d39dd91327638c89fa

Reviewed fields

For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.

Delegation clause (who decides whether the clause is enforceable)

Reviewed category: to-arbitrator-full

Arbitration does apply to all other claims relating to these Terms or the Online Services including (1) the interpretation, formation, performance, or breach of the Terms, (2) whether any part of the Terms is void or voidable, (3) whether a claim is subject to arbitration, and/or (4) whether arbitration has been waived due to litigation conduct.

Consumer’s share of arbitration fees

Reviewed category: company-pays-share-below-stated-claim-value

Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the Consumer Arbitration Rules, provided that if you are initiating an arbitration against us and the value of the relief sought is $10,000 or less, then we will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose). You are responsible for all other additional costs that you may incur in the arbitration, including attorney's fees and expert witness costs, unless we are otherwise specifically required to pay such fees under applicable law.

Company’s fee promise

Reviewed category: pays-all-unless-frivolous

Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the Consumer Arbitration Rules, provided that if you are initiating an arbitration against us and the value of the relief sought is $10,000 or less, then we will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose).

Fee or cost shifting against the consumer

Reviewed category: frivolous-or-rule-11-only

You and we agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.

Pre-filing requirement

Reviewed category: mandatory-condition-precedent

Before filing a claim in connection with these Terms or the Online Services, you agree to try to resolve the dispute informally. Contact [email protected] if the dispute is with UnitedHealth Group, UnitedHealthcare, Optum, or Rally Health. If the dispute is not resolved within 30 days of contact, you or we may bring a formal arbitration proceeding as described below.

Mass-arbitration terms

Reviewed category: silent

No provision on this field was extracted from the captured text.

Small-claims carve-out

Reviewed category: limited-by-venue-or-condition

Either you (or we) may assert claims in the small claims court in Hennepin County, Minnesota or any other U.S. county in which we have a principal business address, provided that the informal dispute resolution described above was unsuccessful and the claim is eligible to be filed.

Opt-out

Reviewed category: general-with-window

If you don’t agree to arbitrate, you may opt out within 30 days of first agreeing to these terms by sending a letter to us. The letter must specify your first and last name, username, mailing address, and state that you are opting out of this arbitration provision. Send the letter to UnitedHealth Group, Attention: Legal Intake (MN-008-T502), 9900 Bren Road East, Minnetonka, MN 55343.

Unilateral modification

Reviewed category: notice-then-continued-use

By continuing to use the Online Services, you consent to any changes to our Terms. ... We will provide 30 days’ notice of any changes to this section. Amendments will become effective thirty days after we provide such notice. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection will be severed from the section entitled “Resolving Disputes,” and the court or arbitrator will apply the first “Resolving Disputes” section in existence after you began using the Online Services.

Scope

Reviewed category: broad-reaches-affiliates-and-third-parties

The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of ours arising out of your use of the Online Services.

Confidentiality of the arbitration

Reviewed category: silent

No provision on this field was extracted from the captured text.

Shortened limitations period

Reviewed category: shortened-to-1-year

Unless you are a resident of New Jersey, you must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Severability if the class waiver is struck

Reviewed category: whole-clause-void-if-class-waiver-struck

If any court or arbitrator determines that this “No Class Actions” section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety, and the parties will be deemed to have not agreed to arbitrate disputes.

Counsel or representation restrictions

Reviewed category: silent

No provision on this field was extracted from the captured text.

Mass-arbitration numeric trigger

Reviewed category: no-mass-filing-terms

The reviewed data records this category without a quotation.

Read the report