Welcome to Del Sol Health Advantage, Inc. (“Del Sol Health Advantage”) and our Southwest Dental Plan.  Del Sol Health Advantage maintains this website for your personal information, education and communication.  Your access to and use of this website is subject to the following Terms & Conditions.  Please read these Terms & Conditions carefully before accessing or using this website, so that you fully understand your rights and responsibilities.  BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS & CONDITIONS. THESE TERMS & CONDITIONS ARE AGREED TO BY AND BETWEEN YOU AND DEL SOL HEALTH ADVANTAGE.  IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THIS WEBSITE, AND THE PROMISES AND OBLIGATIONS IN THESE TERMS & CONDITIONS, AND INTENDING TO BE LEGALLY BOUND, YOU AND DEL SOL HEALTH ADVANTAGE AGREE TO ALL OF THESE TERMS & CONDITIONS.  PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR REFERENCE.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS & CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE, AND INSTEAD CONTACT DEL SOL HEALTH ADVANTAGE IN WRITING OR VIA TELEPHONE AS SET FORTH BELOW FOR DESIRED INFORMATION.

Del Sol Health Advantage reserves the right to modify or amend these Terms & Conditions at any time.  All changes shall be effective immediately upon their posting.  Material changes will be posted conspicuously on this website.  By accessing the website following posting of changes to the Terms & Conditions, you agree to all such changes.

No Medical Advice

Del Sol Health Advantage does not provide, nor shall anything in these Terms & Conditions be interpreted as constituting, the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.  The information offered on this website is educational information only.  You should always discuss medical or dental questions with your physician or other health care provider.

Site Information

Information displayed on this website is subject to modification without notice.  Del Sol Health Advantage reserves the right to modify such information without any obligation to notify past, current or prospective website users.  Information regarding Del Sol Health Advantage’s services is applicable only in Arizona unless otherwise noted.  Some services may not be available in certain areas.  Del Sol Health Advantage makes no representations that the materials on this website are appropriate or available for use in other states besides Arizona or other countries besides the United States.  Those who do access this website from other states or countries are solely responsible for compliance with the laws of such state or country.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Intellectual Property Rights

Copyright 2005 Del Sol Health Advantage, Inc. All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Del Sol Health Advantage, unless otherwise noted.  The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to Del Sol Health Advantage appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Del Sol Health Advantage or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Use of this Site

You may download and/or print one (1) copy of this website’s content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Del Sol Health Advantage.

No Liability

IN NO EVENT SHALL DEL SOL HEALTH ADVANTAGE OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE OR THE INABILITY TO USE THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEL SOL HEALTH ADVANTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

No Warranty

Del Sol Health Advantage makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.  THIS WEBSITE IS PROVIDED BY DEL SOL HEALTH ADVANTAGE ON AN “AS IS” BASIS.  DEL SOL HEALTH ADVANTAGE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  DEL SOL HEALTH ADVANTAGE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE.  DEL SOL HEALTH ADVANTAGE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE.  Del Sol Health Advantage shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. Del Sol Health Advantage does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.  NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION DEL SOL HEALTH ADVANTAGE, SHALL BE LIABLE TO USERS OF THIS WEBSITE FOR ANY DAMAGE RESULTING FROM USE OF THIS WEBSITE OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, NOR ARE SUCH PARTIES IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS OF THIS WEBSITE OR FOR INFORMATION POSTED OR EXCHANGED ON THIS WEBSITE.

No advice or information, whether oral or written, obtained by you from Del Sol Health Advantage or in any manner from this website shall create any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to Del Sol Health Advantage.  Such links are provided only as a service to our visitors.  Del Sol Health Advantage is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated therein.  Del Sol Health Advantage has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites.  Your linking to any other pages or websites is at your own risk.

Privacy Policy

By your access and use of this website, you hereby agree to the terms of the Del Sol Health Advantage, Inc. Privacy Policy, which are incorporated into these Terms & Conditions by this reference.

Indemnification

You agree to indemnify, defend and hold harmless Del Sol Health Advantage, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms & Conditions, including without limitation, your infringement of any intellectual property or other right of Del Sol Health Advantage or any other person or entity.

Interpretation and Disputes

These Terms & Conditions are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Maricopa County, Arizona with respect to any dispute arising under these Terms & Conditions, unless otherwise specifically agreed by Del Sol Health Advantage in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms & Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these
Terms & Conditions shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

By your access or use of this website, you hereby agree to these Terms & Conditions.  These Terms & Conditions, together with the Del Sol Health Advantage, Inc. Privacy Policy and Application Agreement (if applicable) constitute the entire agreement between you and Del Sol Health Advantage with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by Del Sol Health Advantage.  These Terms & Conditions will inure to the benefit of Del Sol Health Advantage’s successors and assigns.

Electronic Communications

You acknowledge that these Terms & Conditions are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms & Conditions and any other documentation, agreements, notices or communications between you and Del Sol Health Advantage may be provided to you electronically.  Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms & Conditions, please contact us at:

Del Sol Health Advantage, Inc.

6601 S. Rural Road

Tempe, Arizona 85283

480-456-0821

delsolhealth@southwestdentalplan.com