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The agreement asserts that the company bears no liability for any loss arising from use of the Online Services or acts by the company or third parties, across all legal theories including warranty, contract, tort, and strict liability, with a New Jersey resident carve-out.
This analysis describes what UnitedHealthcare's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision asserts a broad limitation of liability covering all legal theories and all losses arising from platform use or company acts. The document itself acknowledges that state law may limit or override this provision, and the New Jersey carve-out is explicitly stated.
Interpretive note: Enforceability of the blanket limitation of liability varies by state; the document acknowledges state-law exceptions but does not enumerate all applicable jurisdictions.
Under this clause, the agreement asserts that the company is not liable for losses arising from use of the Online Services or from company acts or omissions, across all legal theories. The agreement acknowledges that New Jersey residents and potentially residents of other states are not subject to this limitation where state law prohibits it.
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"You agree that we have no liability for any loss arising out of, or relating to: these Online Services; any third-party site or program accessed through the Online Services; Any acts or omissions by us or any third party; and/or your access or use of the Online Services. This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory. This limitation of liability does not apply if you are a New Jersey resident.Excerpt from UnitedHealthcare's Terms of Use
(1) REGULATORY LANDSCAPE: Blanket limitation of liability clauses in consumer contracts engage state consumer protection statutes, which in many jurisdictions prohibit or restrict limitations on liability for negligence or intentional misconduct. The document's New Jersey carve-out and its general acknowledgment that other states may limit such provisions reflect this variability. The FTC may have jurisdiction where such limitations constitute unfair or deceptive practices. (2) GOVERNANCE EXPOSURE: Medium. The scope of the limitation across all legal theories is broad, but the document's own acknowledgment of state-law exceptions reduces the certainty of enforcement. Courts in various jurisdictions have found blanket liability waivers unenforceable in consumer contracts, particularly for negligence. (3) JURISDICTION FLAGS: New Jersey is explicitly carved out. California, Massachusetts, and other states have consumer protection frameworks that may limit blanket liability waivers. Healthcare-specific contexts may also trigger additional regulatory constraints. (4) CONTRACT AND VENDOR IMPLICATIONS: Employer plan administrators contracting with UnitedHealthcare should assess whether this limitation of liability applies to their operational relationship or whether separate commercial agreements govern liability exposure. (5) COMPLIANCE CONSIDERATIONS: Legal teams should map this limitation against applicable state consumer protection statutes for each jurisdiction in which plan members reside, and should confirm that the limitation is disclosed with sufficient clarity to satisfy applicable consumer contract disclosure standards.
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This provision asserts a broad limitation of liability covering all legal theories and all losses arising from platform use or company acts. The document itself acknowledges that state law may limit or override this provision, and the New Jersey carve-out is explicitly stated.
Under this clause, the agreement asserts that the company is not liable for losses arising from use of the Online Services or from company acts or omissions, across all legal theories. The agreement acknowledges that New Jersey residents and potentially residents of other states are not subject to this limitation where state law prohibits it.
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