Terms and Conditions

Colorado Health Networks (CHN) and ValueOptions Inc. offer this Web site (the "CHN site"), including all information, software, products and services available from the site or offered as part of or in conjunction with the CHN site, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your continued use of the CHN site constitutes your agreement to all of these Terms and Conditions, and any changes to the Terms and Conditions made by ValueOptions. ValueOptions may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use the CHN site because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEB SITE.

No behavioral health advice

The information and content provided on the CHN site, including, but not limited to prevention and education materials and clinical guidelines, is general in nature and is provided for informational purposes only. The content provided on the CHN site should not be treated as medical, psychiatric, psychological or behavioral health care advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical or behavioral health condition. Nothing contained on the CHN site is intended to be used for medical diagnosis or treatment or as a substitute for consultation with a qualified health care professional. Never disregard medical or behavioral health care advice or delay in seeking it because of something you have read on the CHN site.

ValueOptions does not recommend or endorse any specific tests, products or procedures that may be mentioned on the CHN site. Any opinions expressed on the Web site are the opinions of the individual authors, not of ValueOptions.

While ValueOptions frequently updates its content, medical information changes rapidly. Therefore, some information might be out of date.

Personal and noncommercial use

The CHN site is for your personal and noncommercial use. As a condition to your continued use of the CHN site, you warrant to ValueOptions that you will not use the CHN site for any purpose that is unlawful or prohibited by these Terms and Conditions.

No warranties

USE THE CHN SITE AT YOUR OWN RISK. THE CHN SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CHN MAKES NO WARRANTY THAT THE CONTENT CONTAINED ON THIS WEB SITE SATISFIES GOVERNMENTAL REGULATIONS ON PRESCRIPTION DRUG PRODUCTS.

Neither CHN nor ValueOptions, its employees, agents, third party information providers, merchants, licensors or the like warrant that the CHN site or its operation will be accurate, reliable, uninterrupted or error-free. While ValueOptions has implemented measures to protect the privacy and security of personal information that you may share with us, ValueOptions does not warrant that the CHN site is immune to all forms of attack by third parties seeking to penetrate our security and privacy measures. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software on your own computer systems. If your use of the CHN site results in the need for servicing or replacing property, material, equipment or data, ValueOptions is not responsible for those costs.

You acknowledge that, in connection with the CHN site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long-distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of ValueOptions. Accordingly, ValueOptions assumes no liability for or relating to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with use of the CHN site.

No agent or representative has the authority to create any warranty regarding the CHN site on behalf of ValueOptions. ValueOptions reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CHN, VALUEOPTIONS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE CHN SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE CHN SITE, DELAY OR INABILITY TO USE THE CHN SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE CHN SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold CHN and ValueOptions, their officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the CHN site, or any content, product or service offered through the CHN site, in a manner that violates or is alleged to violate these Terms and Conditions. CHN or ValueOptions shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured links

The CHN site may contain hyperlinks to Web sites offered by parties other than ValueOptions. Such hyperlinks are provided for your reference and convenience only. ValueOptions does not control such other Web sites and is not responsible for their content, nor does ValueOptions' inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. These Terms and Conditions apply solely to the CHN site and you should review the terms and conditions of any site that you access through a hyperlink from this site.

Unless otherwise prohibited under the terms of this Agreement, you are hereby licensed to create hyperlinks to the content of the CHN site, provided that the hyperlink accurately describes the content as it appears on the site. ValueOptions reserves the right to revoke this license generally, or your right to use specific links, at any time, and may break any hyperlink at its discretion. Under no circumstances may you "frame" the CHN site or any of its content or copy portions of this site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the CHN site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the site.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the CHN site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the CHN site without the prior consent of the copyright owner. None of the material contained on the CHN site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of ValueOptions. You may, however make single copies of materials displayed on the CHN site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the CHN site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from ValueOptions or the copyright owner of the copied material. Requests to reproduce materials on the CHN site for distribution or other purposes should be sent to the attention of Legal Counsel at info@ValueOptions.com. Violation of this provision may result in severe civil and criminal penalties.

All content of the CHN Web site is Copyright @ 2000-2001 Value Options, Inc. All rights reserved.

Trademarks

ValueOptions and ValueOptions.com are trademarks or registered trademarks of ValueOptions and are protected by state and federal trademark laws. Other trademarks appear on the CHN site with permission from their respective owners. Your unauthorized use of trademarks appearing on the CHN site may constitute trademark infringement, which could subject you to substantial civil penalties.

Termination of privileges

CHN and ValueOptions reserve the right to terminate your privilege of using all or any portion of the CHN site if you breach any of these Terms and Conditions. If ValueOptions receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, ValueOptions may terminate your access to the CHN site, including all of your privileges or accounts that you may have established in connection with the CHN site.

Jurisdiction

The CHN site is controlled and operated by ValueOptions from its principal office in the Commonwealth of Virginia, United States of America. Materials published on the CHN site are intended for use in the state of Colorado. ValueOptions makes no representation that materials on the CHN site are appropriate or available for use in other locations. Those who choose to access the CHN site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The CHN site is not intended to subject CHN and ValueOptions to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.

Survival

The provisions of these Terms and Conditions entitled "No Warranties," "Exclusion of Liability," "Indemnification," "Jurisdiction" and "General Provisions" will survive the termination of this agreement.

General provisions

Except as provided in a particular "Legal Notice" on the Web site, these Terms and Conditions, along with the CHN Privacy Statement, constitute the entire agreement and understanding between you and CHN with respect to use of the CHN site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the CHN site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notices

ValueOptions may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice posted on the CHN site, or by written communication delivered by first class U.S. mail to your address on record in ValueOptions' account information. You may give notice to ValueOptions at any time via electronic mail to ValueOptions or by letter delivered by first class postage prepared U.S. mail or overnight courier to the following address:

ValueOptions

Revised: March 20, 2000