Terms and Conditions for Use of On-line Service

By signing on to the system and indicating that you accept the following conditions you are agreeing that you have read, understand, and accept as a condition of use the following Terms and Conditions.

Use of the On-line Service. As a Accesspoint User, User shall be entitled to access and use the Accesspoint web site and database (the "On-line Service"). The parties hereto acknowledge and agree that the On-line Service is provided to aid Accesspoint Users to more efficiently control User’s administrative activities, and for no other purpose. Any other use of the On-line Service shall be at User’s risk and at its sole cost and expense.

Content. User acknowledges and agrees that neither Accesspoint nor InforMed, is responsible for pre-screening any information ("Content") that is placed on the On-line Service by User, Health Plan Representatives or any Health Plan, and that User shall not rely on Accesspoint or InforMed to ensure that such Content is accurate, complete, current, or in compliance with any rule, regulation or law. Accesspoint and/or InforMed shall have the right, but not the obligation, to remove any Content that Accesspoint and/or InforMed, in their sole discretion, considers to be harmful, illegal, misleading, or offensive. User shall not place any information on the On-line Service that is copyrighted or otherwise protected from publication, for which User has not obtained the necessary license to publish the data. InforMed shall have the right to collect and store certain navigational and transactional information for the purpose of improving the On-line Service to Accesspoint Users, and may copyright the selection, coordination, arrangement, and enhancement of the On-line Service.

Use of the On-line Service. Access to the On-line Service shall be restricted to only those persons who are authorized for such use by Accesspoint and InforMed ("Authorized Users") and who have been issued valid passwords for such access. Use of the On-line Service by any person not authorized for such use may result in termination of access to the On-line Service. The foregoing to the contrary notwithstanding, neither Accesspoint nor InforMed warrants or guarantees that persons using a valid password are Authorized Users. User is solely responsible for all activities conducted at any physical site at which User; its agents, employees or contractors can access the On-line Service ("Site"). User is solely responsible for supervising individuals accessing the On-line Service from any User Site, their use of the On-line Service, and their handling of any Content downloaded, transmitted, or derived from the On-line Service. User is responsible for all charges associated with connecting to the On-line Service, including, without limitation, all telephone and Internet service provider charges.

Confidentiality of the On-line Service. User covenants and agrees that it shall hold all parts of the On-line Service in confidence for Accesspoint and InforMed, including, without limitation, all software used for access to the On-line Service (the "Software’), and any methods or concepts utilized therein. User shall not translate, reverse-engineer, reverse compile or decompile, disassemble or make derivative works from the On-line Service or the Software. User acknowledges and agrees that the On-line Service, related Software, and any improvements made solely or jointly to the On-line Service and related Software are the property of InforMed and do not come within the definition of the "works made for hire rule" under the Copyright Act of 1976. Upon termination of this Agreement for any reason whatsoever, all rights granted herein to User to access the On-line Service or to use of related Software shall terminate, and User shall not thereafter access the On-line Service or use the Software, without the express written consent of InforMed, which may be withheld in its sole discretion. Further, User shall not, directly or indirectly, use, disclose, reveal, publish, or transfer, for any purpose whatsoever, any such information obtained from or relating to the On-line Service or Software, or any other non-public information, data, or concept obtained by User during the term of this Agreement.

Operation of the On-line Service and Software. User recognizes that the proper functioning of the On-line Service depends on many factors beyond Accesspoint’s and/or InforMed’s control, including, without limitation, User’s hardware configurations, and the uses to which User may wish to put the On-line Service. In view of this fact, User understands that the operation of the On-line Service and Software and the service of User’s internet service provider may not be uninterrupted or error-free, and that User may be unable to access the On-line Service at a time or location of their choosing, and that User may not have adequate capacity to fully utilize the On-line Service. User further understands that the functions contained in the On-line Service and related Software may not meet all of the requirements of User, and may not operate in the combinations selected by User for their use. Because neither Accesspoint not InforMed has control over access to the On-line Service, neither warrants that information appearing on the On-line Service is accurate, complete, timely, or authorized to be used in any manner by any person. In the event User becomes aware of any problem with the Content or operation of the On-line Service, User shall immediately notify Accesspoint and InforMed of such problem, and Accesspoint and InforMed shall use commercially reasonable efforts to solve any problem issues.