This website (the "Site") is an Internet-based on-line information and claims submission service. It is made available to you by Optum and terms "us" "we" or "our" shall refer to Optum. You should also review the Privacy Statement which is provided in a separate document. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.

WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE AFTER NOTICE TO YOU.

Section 1. General Use Provisions

All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Optum or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Optum and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Optum or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without Optum' prior express written permission.

Optum hereby grants you permission to display, copy, distribute and download Optum' Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for commercial and informational use, and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

This Web Site may include inaccuracies or typographical errors. Optum may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Optum may periodically make changes to the Web Site. California law and controlling U.S. federal law will govern any action related to these Terms. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Optum has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Optum.

Section 2. No Warranty

ALL OF THE Services AND Information accessed through THE SITE (the "SERVICES") ARE provided "AS IS" without warranty, expressed or implied. WE hereby exclude all implied warranties of merchantability and fitness for a particular use or purpose with respect to the Services. There are no express warranties made as a part of this Agreement. WE AND OUR Content Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. WE AND OUR Content Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. WE AND OUR Content Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. WE AND OUR Content Providers do not warrant or guarantee that the functions or Services performed in the SITE will be uninterrupted or error FREE. Users of the Site are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Site for the reconstruction of any lost data.

Section 3. Use of Content; Ownership

The entire contents of the Site constitute a collective work protected under the copyright laws of United States and other copyright laws. We hold the copyright in the collective work. The collective work includes works that are the property of the Content Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Site. Unauthorized use of the content may violate copyright, trademark, and other laws. None of the content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent.

Section 4. User and Member Representations

You represent and warrant to us and our Content Providers that:

• you are at least 18 years of age;
• you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement;
• you shall be financially responsible for your use of the Site (as well as for use of your account by others, and
• you shall comply with your responsibilities and obligations as stated in this Agreement.

Section 5. Limitation of Liability; Waiver; and Release

YOU AGREE THAT NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS, OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

Optum SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL Optum BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF Optum HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST Optum FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Optum HARMLESS FROM, AND YOU COVENANT NOT TO SUE Optum FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

Section 6. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR SERVICE ACCOUNT.

Section 7. Submissions

Except where expressly provided otherwise by Optum, all comments, feedback, information or materials submitted to Optum through or in association with this Web Site ("Submissions") shall be considered non-confidential and Optum' property. By providing such Submissions to Optum, you agree to assign to Optum, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Optum shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Optum, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Section 8. Third Party Beneficiary

The provisions of paragraphs (Waiver, Release and Limitation of Liability) and (Indemnification) are for the benefit of us and our officers, directors, employees, agents, licensors, suppliers, customers and Content Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.