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Terms of Use

PW_A108819
WellPoint Foundation Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you agree to these terms of use. If you do not agree to these terms of use, please do not use this site.  
 
Restrictions on Use of Materials
This site is owned and operated by the WellPoint Foundation (hereinafter "WellPoint"). Any activity on this site is subject to monitoring by WellPoint at any time. Anyone who uses this site consents to such monitoring and agrees that WellPoint may use the results of such monitoring without limitation. No material from any website owned, operated, licensed or controlled by WellPoint (“WellPoint Material”) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written consent of WellPoint, except that you may download one copy of the WellPoint Material on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, service mark and other proprietary notices. Modification of the WellPoint Material or use of the WellPoint Material for any other purpose is a violation of WellPoint's copyright, service mark and other proprietary rights. It is a condition of your use of this website that you do not restrict or inhibit any other user from using this website.  
 
Trademarks
The WellPoint logo and all other trademarks, service marks, trade names, logos, domain names, URLs and icons ("Marks") appearing on this website, registered or not, are the property of WellPoint or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of WellPoint or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.  
 
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall WellPoint, its related or affiliated companies, or Third Parties (defined below) be liable for any direct, indirect, incidental, special, consequential or punitive damages , damages for lost profits, for loss of privacy or security that arise out of or are related to any aspect of this site, the use of, or the inability to use the WellPoint Material or breach of these terms. You specifically acknowledge and agree that WellPoint is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the WellPoint Material, or with any of WellPoint's terms and conditions, your sole and exclusive remedy is to discontinue using this site.  
 
Indemnification
You agree to indemnify, defend and hold harmless WellPoint and agents, affiliates, and other third parties with whom we work in order to provide the site, content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively "Third Parties") from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the content, use of the site or related sites, any assistance or services provided by us or Third Parties,  any alleged unauthorized use of the site, or any breach or alleged breach by you of these Terms.  
 
Disclaimer
WELLPOINT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON THIS SITE AND WELLPOINT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.  
 
THE WELLPOINT MATERIAL IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WELLPOINT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WELLPOINT MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT WELLPOINT, ASSUME THE RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING. IN NO EVENT WILL WELLPOINT BE LAIBLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING.  
 
WELLPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WELLPOINT MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  
 
WELLPOINT MAY HAVE PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER WELLPOINT NOR ITS RELATED, AFFILIATED COMPANIES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE THIRD PARTY MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. You are not permitted to link or shortcut to our site from your web site, blog or similar application, without obtaining prior written permission from us. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WELLPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. WELLPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THIRD PARTY MATERIALS IN THE THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  
 
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.  
 
Miscellaneous
These terms and your use of this site are governed by the laws of Indiana, without regard to its choice of law provisions. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Indianapolis, Indiana. Any cause of action or claim you may have against or involving WellPoint must be commenced within one year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall modify the provisions of these Terms of Use. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these Terms. This agreement constitutes the entire agreement between you and WellPoint, and it supersedes all prior agreements, representations, proposals and other communications with respect to the WellPoint Foundation, its site or content.  
 
You hereby agree to receive electronically all notices, including but not limited to notices required by state or federal privacy laws, and all financial information pertinent to, or required in connection with the operation of this site or your application to the Foundation.