Terms of Use (v10, rev 3/3/14)

IMPORTANT: ALL END USERS MUST READ THIS SECTION

Welcome to the AskBlue® Program web site ("Site"). This is a summary of the applicable Blue Cross and Blue Shield Association ("BCBSA," "we," "us" or "our") terms, conditions, and privacy policy for the BCBSA AskBlue Program and this Site by you ("You" or "End User"). For our complete terms and conditions, please read below and visit our Privacy Policy and the E-mail and Telephone Authorization (see Section 24, below). Your privacy is important to us and we will protect it. We will not share your personal information with anyone other than in accordance with our Privacy Policy and E-mail and Telephone Authorization. As used herein, each of the independent, local Blue Cross and/or Blue Shield Companies is referred to as a "Blue Company" (collectively, "Blue Companies"), and BCBSA and all Blue Companies, together with their respective affiliates, contractors, or consultants, and other third parties are referred to collectively, as the "BCBSA Group."

Your use of the Site may involve the opportunity for You to view and receive an overview of certain aspects of healthcare reform and other topics. To send You information and/or to respond to your requests, we require your permission to send You administrative and promotional e-mails and telephone You, pursuant to the E-mail Authorization (see Section 24, below). We will send You information regarding healthcare reform and other topics. You can opt-out of our promotional e-mails anytime by clicking the unsubscribe link at the bottom of any of our promotional e-mail correspondences.

As part of or in connection with your accessing material on the Site, You authorize; (i) the BCBSA Group to share your information, including your name, e-mail address, telephone number and other information, with your Blue Company; and (ii) BCBSA, your local Blue Company and others of the BCBSA Group to send You e-mails and forward your e-mails and attachments to others of the BCBSA Group, and/or telephone you, so that we can communicate directly with You and assist You with your requests and other promotional matters. Those authorizations are voluntary. Information that You provide to us on the Site is not protected by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy Rule, 45 CFR Part 164. You may opt out of receiving e-mails and/or telephone calls from us, or revoke this authorization at any time by sending your request in writing specifying what You want to do to the following address: AskBlue Member Services, 225 North Michigan Ave., Chicago, IL, 60601-7680, or alternately, You may send your request via email to: support@AskBlueInsurance.com. Your revocation will not affect any use or disclosure of the information in your e-mail or telephone number by any of the BCBSA Group prior to BCBSA's receipt of the revocation and its response to You confirming such revocation.

ACCEPTANCE OF TERMS OF USE

By using the Site, You agree to these terms of use; if You do not wish to agree to these terms of use ("Terms of Use" or "Agreement"), please refrain from using the Site and exit from the Site. BCBSA reserves the right to make any changes to these Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to You. BCBSA suggests to You, therefore, that You re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that You stay informed as to any such changes. If we make changes to our Terms of Use or Privacy Policy, and You continue to use the Site, You are impliedly agreeing to our Terms of Use and Privacy Policy.

I. TERMS OF USE

  1. Definitions. As a part of and through the Site, the BCBSA Group provides an interactive online service on the Internet, consisting of information services, content, and transaction capabilities provided by certain of the BCBSA Group.

  2. General. These Terms of Use set forth the terms and conditions that apply to the use of the Site by the End User. By using the Site (other than to read these Terms of Use for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the BCBSA Group, and none of the BCBSA Group shall be responsible for any data lost while transmitting information on the Internet or your use of the Site. While it is the objective of the BCBSA Group to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the BCBSA Group, access to the Site may be interrupted, suspended, or terminated from time to time. BCBSA shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the BCBSA Group may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Use of the Internet is solely at your own risk and is subject to all applicable state, national, and international laws and regulations. None of the BCBSA Group will be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

  3. Modified Terms. BCBSA reserves the right at all times to discontinue or modify any of these Terms of Use and/or the Privacy Policy as it deems necessary or desirable without prior notification to You. BCBSA suggests to You, therefore, that You re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that You stay informed as to any such changes. If we make changes to these Terms of Use or Privacy Policy and You continue to use the Site, You are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon BCBSA’s posting thereof. Any use of any of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

  4. Arbitration; Applicable Law. By using the Site, End User agrees that any dispute or claim arising out of or in connection with these Terms of Use and/or the Privacy Policy or the performance, breach, or termination thereof, or the Site or any Third Party Site (as defined in Section 8 below), or any products or services provided under or through the Site, shall be finally settled by arbitration in Chicago, Illinois, under the rules of arbitration of the American Arbitration Association. These Terms of Use and legal issues arising out of, but not exclusive to the use of, the Site or any Third Party Sites (as defined in Section 8 below) (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Illinois (exclusive of its rules regarding conflicts of laws). The Site is controlled and operated by certain entities of the BCBSA Group from offices located within the United States. The BCBSA Group makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. YOU AND BCBSA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE HEREOF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  5. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

  6. Disclaimer of Warranty; Limitation of Liability. The BCBSA AskBlue Program provides an overview of certain aspects of healthcare reform and other topics, based on relevant legislation and guidance when the BCBSA AskBlue Program was created and information that You provide during your use of the Site. The BCBSA AskBlue Program and its tools provide general information only, and do not provide legal or financial advice of any kind; local interpretation may vary. The BCBSA AskBlue Program tools include an estimator for federal premium assistance that may be available towards the cost of health insurance purchased directly by an individual (rather than through an employer). Using information you provide and national averages, it takes into account federal subsidies based on income, Medicaid eligibility, and other factors that impact premiums under the Affordable Care Act. This is only an estimate. Actual results will vary. Remember, healthcare reform is complex; certain points may not apply to You, or may change over time. Specific information and updates on healthcare reform may be found on the U.S. Department of Health and Human Services’ website at www.healthcare.gov. For information about Medicare, contact the Medicare program at 1-800-Medicare or www.Medicare.gov. The BCBSA AskBlue Program is not an application for insurance or an offer to provide or guarantee insurance coverage. Using the BCBSA AskBlue Program and its tools do not require You to enroll in any products offered by any Blue Plan. To find out about insurance product options, rates, and terms, how to apply for coverage, and much more information, contact or visit the website of your local Blue Plan (identified on the BCBSA AskBlue Program website). Each Blue Plan is responsible for the information that it provides.

    END USER EXPRESSLY AGREES THAT USE OF THE SITE, ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE, AND ANY THIRD PARTY SITES IS AT END USER’S SOLE RISK. NEITHER ANY OF THE BCBSA GROUP NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT USE OF THE SITE, ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE, OR (B) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, PROGRAM, OR OTHER ITEMS PROVIDED ON OR THROUTH THE SITE OR ANY THIRD PARTY SITES. THE SITE, ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE, AND ANY THIRD PARTY SITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR INFORMATION OR OF THE SITE OR ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT NONE OF THE BCBSA GROUP IS LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY END USER OR THIRD-PARTY UNDER OR THROUGH THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

    IN NO EVENT SHALL ANY OF THE BCBSA GROUP, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING, MANAGING, AND/OR OPERATING THE SITE, ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE, OR THE CONTENTS HEREOF, INCLUDING ANY AND ALL THIRD PARTY SITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE.

    END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE AND ANY AND ALL THIRD PARTY SITES. IN ADDITION TO THE TERMS OF USE SET FORTH HEREIN, NEITHER ANY OF THE BCBSA GROUP, NOR ANY OF ITS OR THEIR AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, ANY PROGRAMS OR OTHER TOOLS AVAILABLE AT THE SITE, OR ANY THIRD PARTY SITES OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE, OR CONSEQUENTIAL DAMAGES. NONE OF THE BCBSA GROUP IS RESPONSIBLE FOR ANY CONTENT THAT AN END USER, SUBSCRIBER, OR OTHER UNAUTHORIZED USER MAY POST ON THE SITE OR ANY THIRD PARTY SITE.

  7. Equipment. End User shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment, programs, and systems needed for End Users access to and use of the Site and all charges related thereto. None of the BCBSA Group shall be liable for any damages to the End User’s equipment, programs, or systems resulting from the use of the Site.

  8. End User Conduct. If the Site now or hereinafter requires any registration, login, password, or other End User identification, then End User shall not share their logins or identification numbers required to access and make use of the Site. The Site and any individual sites, or sites now or hereinafter contained within or otherwise available through external hyperlinks with the Site ("Third Party Sites") are private property. All interactions on the Site and/or any Third Party Sites must comply with these Terms of Use. Although we welcome and encourage user interaction on the Site, we do insist and require that all End Users restrict any and all activity in connection with the use of the Site and the Third Party Sites to that which involves lawful purposes only. End User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy, or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or which, without BCBSA’s express prior, written approval, contains advertising or any solicitation with respect to any products or services. Any conduct by an End User that in BCBSA’s exclusive discretion restricts or inhibits any other End User from using or enjoying the Site and/or any Third Party Sites is strictly prohibited. End User shall not use the Site or any Third Party Sites to advertise or perform any commercial, religious, political, or non-commercial solicitation, including, but not limited to, the solicitation of users of the Site and/or any Third Party Sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with BCBSA or any Blue Company. The foregoing provisions of this Section 8 apply equally to and are for the benefit of BCBSA and each Blue Company, its and their subsidiaries, affiliates, and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  9. Proprietary Rights. Everything located on or in the Site, including any Third Party Sites, is the exclusive property of BCBSA or others of the BCBSA Group, or of another third party but is used with express permission of the copyright and/or trademark owner. BCBSA or others of the BCBSA Group is the owner of the copyright in the entire content (including images, text, and look and feel attributes) of the Site and reserves all rights in that regard. ANY COPYING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF BCBSA IS STRICTLY PROHIBITED. Removing or altering the copyright notice on any material on the Site is prohibited. Any commercial use of Site content is prohibited without the prior written consent of BCBSA. Any violation of these Terms of Use may result in a copyright, trademark, or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of BCBSA or other of the BCBSA Group or others, and is protected by copyright as a collective work under the United States copyright laws. BCBSA or others of the BCBSA Group owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it, or owns the right to use such material. Please be advised that BCBSA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

    End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download, print, and save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of BCBSA and the copyright owner is permitted. If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. End User acknowledges that End User does not acquire any ownership rights by downloading copyrighted material.

    The trademarks used on the Site are trademarks of BCBSA and others of the BCBSA Group, or are used with appropriate permissions; all rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on are the property of their respective owners. Trademarks that are located within or on the Site or a web site otherwise owned or operated in conjunction with any of the BCBSA Group shall not be deemed to be in the public domain but rather the exclusive property of BCBSA or others of the BCBSA Group (or their licensed or permitted property, as appropriate), unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of BCBSA and the BCBSA Group, unless otherwise stated. None of the BCBSA Group has any express burden or responsibility to provide End User with indications, markings, or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked.

    End User shall not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.

  10. Communications with the Site. BCBSA welcomes your feedback and suggestions about how to improve our programs, products and services, and the Site. By transmitting any suggestions, information, material, or other content (collectively, "Content") to any of the BCBSA Group, You automatically (a) grant the BCBSA Group the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and (b) authorize the BCBSA Group to respond to your communication to any of the BCBSA Group. Further, the BCBSA Group is free to use any and/or none of the ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to the Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. The BCBSA Group is not responsible and shall not be liable for content posted to the Site by visitors or persons other than BCBSA employees. Opinions or comments contained in content reflect the views of the author and not of the BCBSA Group, unless BCBSA expressly states the contrary.

    By submitting communications or other material to any public area of the Site, End User warrants that the owner of such communications or other material has expressly granted the BCBSA Group the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such material. End User also permits any other end user to access, view, store, or reproduce the communications or other material for that End User’s personal use. End User hereby grants the BCBSA Group the right to edit, copy, publish, and distribute any communications or other material made available on the Site by End User. The foregoing provisions of Section 10 apply equally to and are for the benefit of each of the BCBSA Group and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  11. Monitoring. BCBSA directly or indirectly through others of the BCBSA Group shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with these Terms of Use and any operating rules established by any of the BCBSA Group, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, BCBSA directly or indirectly through others of the BCBSA Group shall have the right to remove any material that BCBSA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

  12. Posts and Messaging by End Users. If the Site now or hereinafter includes any functionality for any discussion for ratings, comments, bulletin board service, chat rooms, and/or other message or communication facilities (collectively "Group(s)"), then End User acknowledges that all such Groups, if any, are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. The BCBSA Group does not control or endorse the content, messages, or information found in any Group, and, therefore, the BCBSA Group specifically disclaims any liability concerning the Groups and any actions resulting from End Users participation in any Group, including any objectionable content. Generally, any communication which End User posts to any part of the Site (whether in chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by any of the BCBSA Group as confidential, that fact will be stated on those pages. By posting comments, messages, or other information on the Site, End User grants each of the BCBSA Group the right to use such comments, messages, or information for promotions, advertising, market research, or any other lawful purpose. For more information, see our Privacy Policy.

  13. Indemnification. End User agrees to defend, indemnify, and hold harmless each of the BCBSA Group (including BCBSA) and its and their affiliates and respective directors, officers, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including but not limited to reasonable attorneys’ fees, arising from (a) End User’s use of and access to the Site and/or any Third Party Sites, (b) End User’s violation of any provisions of these Terms of Use, (c) End User’s violation of any third party right, including without limitation any copyright, property, or privacy right, or (d) any claim that any content or information submitted by End User causes damage to a third party. This defense and indemnification obligation specifically will survive these Terms of Use and your use of the Site.

  14. Reservation of Rights and Release. BCBSA reserves the right, but has no obligation, to monitor or take any action BCBSA deems appropriate regarding disputes that End User may have that relate to the Site. To the extent the law permits, End User releases each of the BCBSA Group from any claims or liability related to any content or other information posted on the Site. You hereby waive California Civil Code Section 1542 (if You are a California resident), and any similar provision in any other jurisdiction (if You are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  15. Termination. BCBSA may terminate these Terms of Use at any time. Without limiting the foregoing, any of the BCBSA Group shall have the right to immediately terminate access to the Site by End User, together with any passwords and accounts (if any), in the event of any conduct by End User which any of the BCBSA Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of these Terms of Use. The provisions of Sections 2 through 10 and 12 through 24 will survive termination of these Terms of Use.

  16. Third Party Content. Each of the BCBSA Group, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, BCBSA and the others of the BCBSA Group have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or any other End Users are those of the respective author(s) or distributors, and not of any of the BCBSA Group. Neither BCBSA nor any of the BCBSA Group, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with any of the BCBSA Group, and none of the BCBSA Group either endorses or is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized BCBSA employees spokespersons while acting in official capacities. Under no circumstances will any of the BCBSA Group be liable for any loss or damage caused by an End User’s reliance on information obtained through the Site. It is the responsibility of each End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc. or other content available through the Site. The Site contains links to third party web sites maintained by other content providers. These links are provided solely as a convenience to You and not as an endorsement by any of the BCBSA Group of the contents on such Third-Party Sites and the BCBSA Group hereby expressly disclaims any representations regarding the content or accuracy of materials on such Third-Party Sites. If End User decides to access linked Third-Party Sites, End User does so at its own risk. None of the BCBSA Group controls, endorses, promotes, or has any affiliation with any other web site unless expressly stated in the Site. Unless You have executed a written agreement with BCBSA expressly permitting You to do so, You may not provide a hyperlink to the Site from any other site. BCBSA reserves the right to revoke its consent to any link at any time in its sole discretion.

  17. Links to Other Web Sites. The Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which the BCBSA Group exercises no control, and the BCBSA Group expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on Third Party Sites.

  18. No Medical Services or Advice. Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, medical advice. No doctor-patient relationship is established between any of the BCBSA Group and You by reason of your use of the Site or under any circumstances whatsoever. The information in the Site is for general informational purposes only. If You have questions about medical issues, or sensitive or confidential matters, or other medical or health information or services expressly or implicitly referenced in the Site, You should contact your health professionals.

  19. No Legal or Financial Advice. Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, legal or financial advice, guidance, or interpretation. No attorney-client or accountant-client relationship is established between any of the BCBSA Group and You by reason of your use of the Site or under any circumstances whatever. The information in the Site is for general informational purposes only. If You have questions about any law, statute, regulation or requirement expressly or implicitly referenced in the Site, or its financial ramifications, You should contact your own appropriate legal counsel and/or financial professional.

  20. Securities Information. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site may contain information and press releases about any of the BCBSA Group, and although this information was believed to be accurate as of the date prepared, the BCBSA Group disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

  21. Copyright Notice and Takedown Policy/Notice and Procedure for Making Claims of Copyright Infringement. This Copyright Notice and Takedown Policy is incorporated into, and subject to, these Terms of Use. Pursuant to Section 512(c)(2) of the Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to BCBSA's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BCBSA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, INCLUDING BUT NOT LIMITED TO REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR OUR RELYING UPON YOUR MISREPRESENTATION.

    Written notification must be submitted to the following BCBSA Designated Agent:

    Blue Cross and Blue Shield Association
    225 North Michigan Avenue
    Chicago, IL 60601
    Attn: Chief Information Officer

  22. To be effective, pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act, the notification must include the following: (a) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that You claim has been infringed, and a description of the infringing activity including of where the material that You claim is infringing is located on the Site sufficient to allow us to locate the material; (c) identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published; (d) your address, telephone number, and e-mail address; (e) a statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

  23. Miscellaneous. These Terms of Use, together with the Privacy Policy, constitute the entire agreement of the parties with respect to the subject matter hereof. In addition, portions of the Site may have other or additional terms and conditions. In the event of a conflict between these Terms of Use and other or additional terms and conditions specifically referenced in another portion of the Site, the other and additional terms and conditions shall control with respect to the specific other portion of the Site to which such terms and conditions are directed and applicable. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these Terms of Use are held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect. The failure of either party to exercise any of its rights under these Terms of Use shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

    You and we are independent contractors, and nothing in these Terms of Use create a partnership, employment relationship, or agency. Except as specifically stated in these Terms of Use (if at all), there are no third-party beneficiaries of these Terms of Use. You may not assign these Terms of Use or your rights and obligations hereunder, in whole or in part, to any third party without BCBSA’s prior written consent, and any attempt by You to do so will be invalid. Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

  24. No Solicitation or Offer. Portions of the Site may be designed to provide general information about BCBSA and the Blue Companies, and a general overview of healthcare reform and other healthcare related information. Information on the Site is NOT intended to constitute an offer to sell or a solicitation or an endorsement of any particular health care insurance product or service of any Blue Company. Some health care insurance products and/or services may not be available in all states or countries and in many instances may be offered only through employers or Blue Companies and their affiliates or other BCBSA licensees. BCBSA is a trade association comprised of independent, locally-owned and operated Blue Companies.

  25. Electronic and Voice Communications. You agree that we may communicate with You via e-mail and telephone calls. Once You opt in to receive e-mails from us, and unless and until You elect or elected to opt out of receiving e-mails and/or telephone calls from us, for contractual purposes, You: (a) consent to receive communications from us via electronic means and/or telephone calls; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we may provide to You, whether electronically or via telephone calls, satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may revoke your authorization for us to send You e-mails and/or contact you via telephone concerning the BCBSA AskBlue Program and other matters pertaining to the Site, at any time by sending your request in writing specifying what You want to do to the following address: AskBlue Member Services, 225 North Michigan Ave., Chicago, IL, 60601-7680, or alternately, You may send your request via e-mail to: support@AskBlueInsurance.com. Your revocation will not affect any use or disclosure of the information in your e-mail by any of the BCBSA Group prior to BCBSA's receipt of the revocation and its response to You confirming such revocation.

    If You have any questions or comments or receive any unwanted e-mail from the Site, please contact our Webmaster via e-mail at support@AskBlueInsurance.com.

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