This site ("Site") is offered to you by Health Choice Utah, Inc. ("Health
Choice Utah") conditioned on your acceptance, without modification, of the
terms, conditions, policies and notices contained on this page (these "Terms").
Please read these Terms carefully before using this Site. If you do not agree to
all of the notices, disclaimers, and conditions contained in these Terms, do not
use this Site. By accessing and using this Site in any way, including without limitation,
browsing this Site, using any information, and/or downloading any materials, you
acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not comply with these Terms, Health Choice Utah has the right to block,
suspend or eliminate your access to this Site. Health Choice Utah may also take
any legal action if, in its sole discretion, Health Choice Utah deems appropriate.
If your violation of this Agreement causes harm to others, you agree to hold Health
Choice Utah harmless against any liability for that harm.
1. Use of Website
Although Health Choice Utah makes every effort to ensure accurate, up-to date information
on this Site, some information that is listed on this Site – such as physician and/or
pharmacy directories – may not be current. Please contact Member Services, Monday
– Friday, 6 a.m. – 6 p.m. at 1-877-358-8797, or by e-mail: HCUComments@HealthChoiceUtah.com
for more information regarding contracted physicians, pharmacies,
hospitals or ancillary services.
2. Copyright and Trademark Notices
All contents of this Site are: ©2012 Health Choice Utah, Inc. All rights reserved.
This Site contains copyrighted material, trademarks and other proprietary information
including without limitation, text, software, photographs, graphics, and/or sound,
and the entire contents of this Site are copyrighted as a collective work under
the United States copyright laws. Health Choice Utah owns a copyright in the selection,
coordination, arrangement, enhancement and "look and feel" of this Site.
You may not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content contained on this Site
("Content") without the express written permission of Health Choice Utah.
You acknowledge that Health Choice Utah and/or third-party content providers remain
the owners of all materials, service marks and trademarks posted on this Site, and
that you do not acquire any of those ownership or license rights therein.
3. Disclaimer; No Medical Advice
The information included at this Site, including articles, references and tools,
is for educational or informational purposes only and is not intended to substitute
in any way for medical treatment, advice or diagnosis by a healthcare professional.
Any health plan benefit information posted on this Web site has been approved for
viewing by Medicaid. Approval/acceptance date for said material is listed at the
bottom of each page. Medicaid has reviewed and granted approval on said material.
While Health Choice Utah hopes you find the information helpful, you should remember
that the Content on this Site is not meant to serve as a substitute for clinical
judgment. Please consult with your physician before undertaking any form of medical
treatment. You should not use information from the Site to diagnose a health problem,
condition, illness or disease. You expressly acknowledge and agree that Health Choice
Utah is not responsible for the results of your decisions resulting from the use
of Content on this Site.
Health Choice Utah strives to provide a valuable resource of timely information
for Site users. However, Health Choice Utah cannot ensure that any Content or other
information provided is exhaustive or complete on every subject or that it will
necessarily include all of the most recent information available. While efforts
have been made to ensure that the information provided on this Site is accurate,
up-to-date and complete, no guarantee is made to that effect. It is your responsibility
to evaluate the information and results from tools Health Choice Utah provides.
Again, you should exercise your judgment in evaluating any information, and Health
Choice Utah encourages you to confirm the information contained on this Site with
other sources before undertaking any treatment or action based on it. The content
on this site is not intended in any way to be a substitute for professional medical
advice. Neither the content nor any other service offered by or through this site
is intended to be relied on for medical diagnosis or treatment. In no event will
Health Choice Utah be liable to you or anyone else for any decision made or action
taken by you or anyone else relying upon the content or information contained in
or provided through this site.
4. Accuracy of Information
Due to constant advances in technology and medicine, and frequent benefit updates
(guidance) from Medicaid and the wide variety of authors contributing to this Site,
readers are encouraged to confirm the information contained herein with other sources.
Corrections and additions will be made only as allowed by the availability of time
and resources and approval by Medicaid. The accuracy and timeliness of the information
on this Site cannot be guaranteed. Neither Health Choice Utah nor any author or
supplier contributing to this Site is responsible for any errors or omissions in
any information provided or the results obtained from the use of such information.
Your use and browsing of this Site is at your risk. Health Choice Utah makes no
guarantee of availability of this Site or any services offered through this Site.
Without limiting the generality of the foregoing, everything on the Site is provided
to you "as is, where is" and "as available," without warranty
of any kind, either express or implied, including, without limitation, any warranty
for information, data, or uninterrupted access, any warranties concerning the availability,
accuracy, usefulness, or content of information, and any warranties of title, non-infringement,
merchantability and fitness for a particular purpose. Health Choice Utah does not
warrant that this site or the content contained herein will be timely, secure, uninterrupted
or error free, or that any defects will be corrected, nor is any responsibility
assumed for incorrect or inaccurate capture of information, including, but not limited
to malfunctions, human error, loss/delayed/garbled data or transmissions omissions
interruption, deletion, defect, failures of any communications, equipment, software
or any combination thereof. Health Choice Utah makes no warranty that this site
will meet any user's requirements. No advice, results or information, whether oral
or written, obtained by you through this site shall create any warranty not expressly
made herein. If you are dissatisfied with this site or any content or function thereon,
your sole remedy is to discontinue using this site.
6. Limitation of Liability
In no event shall Health Choice Utah, its parent company, or any of their respective
directors, officers, employees, agents, affiliates sponsors, authors or content
or device providers be liable for any direct, indirect, incidental, special, consequential,
exemplary or punitive damages arising from or directly or indirectly related to
the use of, or the inability to use, this site or any content, materials, or functions
related thereto, including without limitation loss of revenue, or anticipated profits
or lost business or lost sales, even if Health Choice Utah or such individual has
been advised of the possibility of such damages. Please note that some jurisdictions
may not allow the exclusion or limitation of certain warranties, so some of the
above exclusions may not apply to you. You agree that any claim or cause of action
arising out of your use of this Site must be filed within one (1) year after such
claim or cause of action arose or it shall forever be barred, notwithstanding any
statute of limitations or other law to the contrary.
7. Typographical Errors
Considerable effort is made to ensure the accuracy of all Content on the Site. However,
neither Health Choice Utah nor its employees makes any warranty, express or implied,
or assumes any legal liability or responsibility for the accuracy, completeness
or usefulness of any Content or any other materials accessible through this Site.
8. Site Communications
Please do not send personal medical questions to Health Choice Utah through this
Site. With respect to other communications to Health Choice Utah, Health Choice
Utah does not guarantee that it will respond to all inquiries. Except as described
herein, any communication which you post on or send through the Site is considered
to be non-confidential. You agree that you will not upload or transmit any communications
that infringe or violate any patent, trademark, trade secret, copyright or other
proprietary rights of any party or that are defamatory, or that violate any party's
privacy or publicity rights. By submitting communications to any part of this Site,
you represent and warrant that your communication will not violate any local, state
or federal statutes, laws or regulations in any manner.
9. Other Sites
This Site contains links to other web sites, resources or third parties (collectively
referred to as "Linked Sites"). Health Choice Utah does not, however,
control these independent web sites and does not provide any assurance, warranty
or guarantee of any kind with respect to such Linked Sites. You acknowledge and
agree that Health Choice Utah has no responsibility for the accuracy or availability
of information provided by Linked Sites. Links to Linked Sites are provided as a
convenience to you, and Health Choice Utah is not responsible for the availability
of such external sites and linking to Linked Sites does not constitute an endorsement
by or association with Health Choice Utah of such sites, or the products, services
or other materials presented on such Linked Sites. Health Choice Utah does not author,
edit, or monitor these Linked Sites, their materials or their privacy practices.
Therefore, Health Choice Utah shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use
of any Linked Sites.
By accessing the Site, you agree to defend, indemnify and hold Health Choice Utah,
its parent company, and their respective directors, officers, employees, agents,
affiliates 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 have resulted from, your use of the Site in
a manner that violates or is alleged to violate these Terms.
11. Jurisdiction and Venue
Health Choice Utah controls and operates this Site from the United States of America.
Health Choice Utah does not represent that materials on this Site are appropriate
or available for use in other locations. Persons or entities who choose to access
this 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. You
agree that any legal action brought against Health Choice Utah shall be governed
by the laws of the State of Utah without regard to its conflict of law principles.
You agree that the sole jurisdiction and venue for any litigation arising from your
use of this Site or orders made through this Site shall be an appropriate federal
or state court located in Tempe, Utah.
12. Modifications to this Site
Health Choice Utah has the right to modify this Site and any Content on this Site
as described in these Terms and to change, suspend, or discontinue any aspect of
this Site at any time, including the availability of any Site feature, database
or content. Health Choice Utah may also impose limits on certain features and services
or restrict your access to parts or this entire Site without notice or liability.
13. No Waiver
The failure of Health Choice Utah to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such right or provision. If any
provision contained in these Terms is found by a court of competent jurisdiction
to be unlawful, invalid, or for any reason unenforceable, the parties nevertheless
agree that portion shall be construed consistent with applicable law as nearly as
possible to reflect the original intention of Health Choice Utah and that provision
of these Terms shall be deemed severable and shall not affect the validity and enforceability
of any remaining provisions.
14. Entire Agreement
This Agreement constitutes the entire understanding between Health Choice Utah and
you with respect to this Site and the subject matter hereof, and supersedes all
previous agreements between the parties with respect to such subject matter, whether
written or oral. The parties hereto specifically disclaim the U.N. Convention on
Contracts for the International Sale of Goods. Neither the course of conduct between
the parties hereto nor trade practice shall act to modify these Terms. Health Choice
Utah may assign its rights and duties under these Terms to any party at any time
without notice. The section headings used herein are for convenience only and shall
not affect the interpretation of these Terms.
15. Terms Revisions
Health Choice Utah reserves the right to modify these Terms. Health Choice Utah
will post any changes to these Terms on this page. Continued use of this Site after
such postings shall be deemed an acceptance to be bound by the notices, terms and
conditions of the modified Terms. If you have any questions about these Terms, the
practices of Health Choice Utah, or your dealings with this Site, please contact
us at: HCUComments@HealthChoiceUtah.com.
Health plan services are funded in part under a contract with the State of Utah.