Terms of Use

General

The Community Health Plan of Washington ("CHPW“) Company A website services are online payment information services (the “Services”) that are provided by CHPW, the use of which is subject to the following Terms of Use.

By accessing the Services and using its content, you acknowledge and agree that you have read and understood the following Terms of Use and agree to be bound by them. Do not use the website if you do not agree with these Terms of Use.

As used below, the terms "we", "us" and "our" refer to CHPW.

This website is maintained and operated by Wells Fargo Bank. By use of this site, you consent to and agree that the information you provide through use of this site is subject to the Wells Fargo Bank online Privacy Policy found at www.wellsfargo.com/privacy-security/privacy/ and the CHPW website Policy found at http://chpw.org/resources/Privacy_Policy_-_20140612.pdf, both of which you have reviewed and accepted.

Online Payment

To the extent you utilize the Services you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of services, including the risk of breach in the security of the communications or transactions you conduct online. You acknowledge and expressly agree that we exercise no control over, and accept no responsibility for, the information passing through our computers, network hubs and points of presence, or the Internet.

Use of Content

The Services are available for information purposes only. The posting of content and access to the Services do not represent, either explicitly or implicitly, any provision of services or products by us. Information concerning financial products or services (including insurance, asset management and banking) is only available from CHPW. You are solely responsible for the accuracy of any information that you provide, establishment and use of your online payment account (“Account”), and for maintaining the confidentiality of your password, and agree that CHPW will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, call us immediately at 1-800-440-1561. If you use a third party to pay your CHPW payment and you disclose to such third party your username, password, account number, CHPW will not be responsible for the accuracy and timeliness of processing your payment. CHPW will not be responsible for any loss you may incur as a result of someone else misusing your password, banking information, credit card information and Account either with or without your permission. You will be held liable for losses incurred by CHPW or another party due to someone else using your password. CHPW may block access to the Services and the site without prior notice if we believe your username and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.

For purposes of identification and payments, you agree to provide current, accurate, complete, and updated information required by the registration for online payment, including legal name, address, telephone number(s), and applicable payment data (e.g. bank account number). Proceeding with the registration process indicates your intent to comply with this term.

You agree that the origination of ACH transactions to your checking or savings account(s) must comply with the laws of the United States of America.

You represent and warrant that you are legally authorized to use the bank account(s) that you have entered on online payment service and authorize CHPW to store that banking information for the purpose of payment for services rendered or other lawful purposes.

By accepting these Terms of Use, you acknowledge that an automated clearing house (ACH) debit or credit card debit to the payment account(s) that you have provided will be initiated.

No Offer

No information of the Services should be interpreted as an offer or a solicitation for an offer or as advice on investment, legal, tax or other matters. Where such advice is required, a professional should be consulted.

No Duty to Update

We endeavor to ensure that all content provided by the Services is up-to-date. However, we do not warrant that said information is up-to-date, accurate or complete.

No Warranty

All content of the Services, including, but not limited to, graphics, text and hyperlinks or references to other sites, is subject to alteration without prior notice and is provided "as is" and without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or other harmful components. We do not warrant the adequacy, accuracy, reliability or completeness of any information of the Company ACHPW information services and expressly disclaim any liability for errors or omissions therein. All Services provided hereunder are provided on an “as is” and “as available“ basis and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except as expressly provided in these Terms of Use, we do not make and hereby disclaim, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the Services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance or usage in trade. Without limiting the foregoing, we specifically disclaim any representation or warranty that the Services will meet your requirements that the Service will be uninterrupted, timely, secure or error-free, or that defects in the Services will be corrected. You expressly acknowledge and agree that the use of the Service is done at your own risk and that you are solely responsible for any damage to your computer system or loss of data that in any way relates to your use of the Services.

Disclaimer

We expressly disclaim any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your accessing or using or inability to access or use the Services or your reliance on its content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Services, regardless of our knowledge thereof. The same is true of any content appearing on the CHPW website.

Hyperlinked and Referenced Websites

For your convenience certain hyperlinks or referenced websites in the Services may take you to third parties' websites, which generally are recognized by their top level domain name. Their content has not been investigated or analyzed by us, and we do not warrant the adequacy, accuracy, reliability or completeness of any information on hyperlinked or referenced websites and expressly disclaim any liability for any and all of their content. By accessing the Services, you also agree to abide by the proprietary guidelines applicable to any website accessed or hyperlinked through the Services.

Reservation of Rights

We reserve the right to change, modify, add to, or remove portions of these terms of use at any time. CHPW reserves the right to modify these Terms of Use at any time. Continued use of this site by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly.

Jurisdiction / Severability

In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.

Terms & Conditions for Use of this Site

Your use of this site is expressly conditioned on your acceptance of these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use this site.

Third-Party Sites

This site contains links to other Internet Web sites ("Third-party Sites") that are not maintained by CHPW. These links are provided solely for your convenience. CHPW makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party Sites. We recommend that you take the time to read the privacy policies and user agreements of these sites.

Limitation of Liability

CHPW shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) unless resulting from the gross negligence or intentional actions of CHPW, the unauthorized access to or alteration of your transmissions or data, even if CHPW has been advised of the possibility of such damages. Some states do not allow the exclusion of liability for certain damages, so the foregoing exclusions or limitations may not apply to you.

Arbitration

The use of this website and the Services provided by this website are subject to any independent arbitration or dispute resolution clause contained in your coverage agreement, which is incorporated herein by reference. If your current coverage agreement does not contain an independent arbitration or dispute resolution clause, the following independent arbitration clause applies. Instead of suing in court, you’re agreeing to arbitrate disputes arising out of or related to your access and use of this website and services provided through this site. Arbitration isn’t the same as court. The rules are different and there is no judge and jury. You and we are waiving rights to participate in class actions, including putative class actions begun by others, so read this carefully. (We each retain our rights to complain to any regulatory agency or commission). You and we each agree that, to the fullest extent provided by law that any controversy or claim arising out of or relating to your use of this site or the Services, including any dispute regarding the scope of this clause, shall be resolved through arbitration in King County, Washington administered by the American Health Lawyers Association Dispute Resolution Service and conducted pursuant to the American Health Lawyers Association Rules of Procedure for Arbitration. Judgment on the award may be entered and enforced in any court having jurisdiction thereof.

Jurisdiction / Enforceability / Governing Law

Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington.