Web Site Terms and Conditions
By clicking on the 'Agree' button at the end of these Terms and Conditions and subsequently using this web site, the User signifies agreement with and acceptance of these Terms and Conditions. If you do not agree to all of the terms and conditions of these Terms and Conditions, please do not use this web site. These Terms and Conditions will be prominently posted on this web site. The terms may be revised and updated by Great-West at any time and a notice of the changes will be shown on the landing page for the web site. By continuing use of the web site after the notice of the change has been posted, the User will have agreed to the newly posted Agreement. Please periodically review the Terms and Conditions as posted on this web site.
All materials posted on the web site and are reviewed for accuracy, relevance, usefulness. However, there is always the possibility of error or omission by authors, editors or publishers of the material. The User is responsible for confirming the information contained herein by reviewing their specific insurance policy and the certificate.
1. Responsibility of User:
A. The User shall be responsible for: (i) securing and properly using user log ins and passwords either created by the User or received from Great-West; (ii) ensuring that user log in and passwords of the User are kept in a manner that is secure and confidential and that are reasonably designed to prevent disclosure to unauthorized persons; (iii) notifying Great-West immediately of any unauthorized use of any granted user log in and password or any other breach of security as soon as the User become aware of the misuse or breach; (iv) holding confidential any information that is inadvertently viewed by the User that is not related to the User's account, destroying such information and immediately notifying Great-West of the inadvertent viewing; (v) ceasing the use of the web site immediately upon the termination of the User's access.
B. The User agrees: (i) that Great-West will not provide either equipment or connectivity needed to access the web site via the Internet; (ii) to treat all materials made available through the web site as confidential;(iii) to be responsible for the User's proper use of the web site as described in these Terms and Conditions; (iv) to accurately input, review and update information that the User places into the web site;(v) when User completes and submits a transaction online using the User's user I. D. and password, this will serve as an electronic signature and approval of the transaction. Such electronic signature will satisfy all legal signatory obligations and will carry the same legal authority as a hand written signature.
2. Intellectual Property and Privacy Rights:
A. The web site and its contents including without limitation any information and data contained on this web site constitute a copyrighted and trademarked product of Great-West and contains confidential and proprietary information of Great-West. The web site and third party embedded software are protected under trademark, copyright, trade secret and other intellectual property and privacy laws of the United States and/or other countries. None of the information contained on this web site shall be disclosed to any other person or entity other than a User on a need-to-know basis, unless previously authorized in writing by Great-West The content and features are subject to change or termination without notice in the editorial discretion of Great-West. Any use of the content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate privacy, copyright, trademark, trade secret and other laws. All rights not expressly granted herein are reserved. The content may not be reproduced (except to print copies of web-based forms completed by a User for personal, non-commercial home use only for which a limited license for this purpose is hereby granted) or derivative works created from it. The content may not be republished, posted or distributed in any way that conflicts with these Terms and Conditions without the prior written permission of Great-West. With regard to third party Software to which a User may be granted limited access within this web site, the User agrees to not attempt to download, alter, decompile, reverse engineer or capture the third party Software or its design, workflows, functionality, operation, implementation or code or to replicate any of the report structure or design. All rights not expressly granted herein are reserved.
3. Termination: Great-West may, in its sole discretion, terminate or suspend access to all or part of the web site or the access granted to any User for any reason, including without limitation, breach of this Agreement. In the event these Terms and Conditions are terminated, the restrictions regarding the content, the representations and warranties, indemnities and limitations of liabilities set forth in these Terms and Conditions will survive termination.
4. Indemnification and Limitation of Liability:
A. By using the web site, the User agrees to indemnify and hold Great-West harmless (including reasonable attorney's fees) from all claims, costs, expenses, damages, and liability arising out of the negligence, gross negligence or willful misconduct of the User in the performance or nonperformance of these Terms and Conditions and for any security breach associated with the misuse of the content that is provided to the User through a user I.D. and/or password issued to or created by the User. Great-West reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. It is further agreed that the User agrees to cooperate as fully as reasonably required in the defense of any claim undertaken by Great-West.
B. Great-West specifically disclaims liability to the Users and any third parties, for any claims, losses and/or damages of any nature resulting from: (a) use or inability to use this web site; or (b) use of or reliance on any of the information on the web site. Liability of Great-West, if any, for damages arising from the services provided under these Terms and Conditions (including without limitation, patent or copyright infringement, negligence, tort, strict liability or liability arising out of contract) cannot exceed the actual direct damages awarded as a result of the event.
C. Information is provided 'as is.' Great-West makes no express or implied warranties related to the information on or the operation of this web site. Be aware, files for downloading are not guaranteed to be free of viruses, worms, Trojan Horses or any codes which may be destructive. Great-West is not liable for communications or transmission errors. USER ASSUMES TOTAL RISK AND RESPONSIBILITY FOR USE OF THE WEB SITE. THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. GREAT-WEST SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF DATA EVEN IF GREAT-WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Waiver and Choice of Law: If Great-West does not enforce a particular condition of this Agreement, such conduct will not prevent Great-West from enforcing the same or any other condition of the Agreement in the future. These Terms and Conditions shall be construed in accordance with the laws of the State of Colorado without regard to any choice of law provisions and the venue for any dispute related to these Terms and Conditions or the use of the web site will be a court of competent jurisdiction in Arapahoe County, Colorado.
I agree that by pressing the Accept button below, I have accepted all of the Terms and Conditions of Use.