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Terms of Use

Welcome to the Colorado Access (“Colorado Access” or “we” or “us”) websites, including those hosted at www.coaccess.com, as well as any other sites Colorado Access maintains (together, collectively, the “Site”).

Colorado Access requires that visitors to the Site (“you“) adhere to the following terms of use (“Terms of Use“), which will constitute a valid, electronic agreement between you and Colorado Access for your use of the Site and any Services (defined below) that you elect to participate in through the Site. The most current version of the Terms of Use is available to visitors of the Site by clicking on the “Terms of Use” hypertext link at the bottom of each page of the Site.

BY ACCESSING, USING THE SITE AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE.

Colorado Access may make available to you via the Site, a variety of information and resources, which may include product information, newsletters, and information available through hypertext links to other sites and services, including any updates made available from time to time (the “Services“). Your access to the Site and use of the Services are subject to these Terms of Use and all applicable laws and regulations. Colorado Access may modify these Terms of Use from time to time and if so, the amended Terms of Use will be posted to the “Terms of Use” hypertext link on the bottom of each page of the Site. Please read these Terms of Use carefully. You are responsible for reviewing these Terms of Use with each visit to the Site. If any terms contained herein conflict with the information contained elsewhere on the Site, these Terms of Use shall control.

Disclaimers

The information on the Site is provided by Colorado Access. Although we make every effort to keep the information as accurate and current as possible, Colorado Access disclaims any representation about its accuracy, completeness or appropriateness. When using the information contained on the Site, you understand and agree that you assume full responsibility for its use and that Colorado Access is neither responsible nor liable for any claim, loss, or damage resulting from that use.  The inclusion of any products or services in this Site at a particular time does not imply or warrant that those products or services will be available at any time.

Information on this website may be changed or updated without notice. Information may be out of date at any given time and Colorado Access has no obligation to update information presented on this website. Colorado Access may also make improvements and/or changes in Services described in these Terms of Use without notice. This site may provide links to other sites not owned or controlled by Colorado Access, that we think may be useful or of interest to you. We cannot, however, be responsible for the content or privacy practices used by other site owners.

The information contained in this Site is general in nature and is not a substitute for professional health care services, nor does it take the place of your insurance policy. Nothing contained in this Site, neither expressed or implied, is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between Colorado Access and you by reason of your use of this Site for any reason or circumstance whatsoever. If you have general or specific health care inquiries or needs, you should consult an appropriate health care professional.

This Site may contain a provider directory. The provider directory is for informational purposes only and Colorado Access makes no guarantees that the provider directory is up to date. You should contact a customer service representative at the telephone number listed on your member identification card for confirmation that a provider is currently participating with Colorado Access prior to utilizing a provider listed on the provider directory on this Site. You should also contact the provider directly to see if he/she is currently accepting new patients.

The relationship between Colorado Access and any health care provider which provides services to a Colorado Access member is that of independent contractor. It is not intended that these providers be the agent or employee of Colorado Access, nor is it intended that Colorado Access or an employee of Colorado Access be the employee of a participating provider. Colorado Access does not insure against, nor is it liable for, the negligence or other wrongful act or omission of any participating provider, their employees or other person or agency, or for any act or omission of any Colorado Access member. Any participating provider, their employees or agents, are solely responsible for all health care services provided to Colorado Access members. Colorado Access is not authorized to, and does not, practice medicine.

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason.

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLORADO ACCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

COLORADO ACCESS MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE; NOR DOES COLORADO ACCESS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SITE OR SERVICES, OR THAT ANY DEFECTS IN THE SOFTWARE USED TO PROVIDE THE SITE OR SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOU OBTAINING SUCH CONTENT. ADDITIONALLY, COLORADO ACCESS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, OR ANY TRANSACTIONS YOU ENTER INTO THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM COLORADO ACCESS, OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

Privacy

Colorado Access is committed to maintaining strict standards when protecting the privacy of the information contained on the Site. You can generally visit the Site without providing any personal information about yourself. If you choose to provide us with personal information through the Site, it may be necessary for us to provide your information to third parties, such as our providers, agents or contractors, in order to respond to your inquiry or provide the Services. There are instances in which we may internally use the personal information you voluntarily submit. You can find more information on our privacy practices clicking on the “Privacy Statement” hypertext link at the bottom of each page of the Site

Intellectual Property

All materials provided on the Site, are provided either by Colorado Access or by third party authors, and are the copyrighted works of Colorado Access and/or its third party authors.  None of the Site materials may be modified, copied, printed, reproduced, distributed, republished, displayed, posted, transmitted and/or otherwise used in any form without the prior express written permission of Colorado Access.

Nothing on the Site shall be construed to confer any license or ownership right under any of Colorado Access’ intellectual property rights.

Any unauthorized use of any site materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable laws.

Miscellaneous

COLORADO ACCESS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING ANY THIRD PARTY MATERIAL, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ERRORS, OR OMISSIONS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not allow the limitation of liability so the foregoing may not apply to you.

These Terms of Use will be governed and construed in accordance with the laws of the State of Colorado, without reference to its choice of law rules. By accessing, viewing or using the information on this Site, you consent to the jurisdiction of the federal courts and state courts presiding in Denver County, Colorado, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

These Terms of Use represent the entire agreement between you and Colorado Access relating to the use of the Site and supersedes any prior or contemporaneous, conflicting or additional, communications. Colorado Access reserves the right to change these Terms of Use or its policies relating to or posted on the Site at any time and from time to time, and such changes will be effective upon being posted herein. Your continued use of the Site after any such changes and/or postings shall constitute your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You agree to hold Colorado Access harmless from any and all claims, demands, actions, causes of action, and expenses of any kind which may result or arise out of any alleged act or neglect caused or alleged to have been caused by you or any of your agents, employees, or representatives in the performance or omission of any act relating to the use of the Site.