This Usage Agreement ("Agreement") is entered into by and between BlueCross BlueShield of Tennessee, Inc. ("BCBST") and you, the user ("you", "your", or "user"), and governs your use of this website ("BCBST.com" or “Website”). This Agreement also applies to your use of BCBST subsidiaries’ websites, including the Gordian Health Solutions (“GHS”) website and the Shared Health website.
BY USING THIS WEBSITE OR THE SERVICES AVAILABLE ON THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY OF THE SERVICES AVAILABLE THROUGH THIS WEBSITE. This includes accessing and/or using the GHS or Shared Health website. Any reference to, license, access, etc., granted to the Website also apply to BCBST’s subsidiaries’ websites.
BCBST is an independent corporation operating under a license from the BlueCross and BlueShield Association (“BCBSA”). BCBSA is an association of independent BlueCross and BlueShield Plans (The “Association”) permitted to use the BlueCross and BlueShield service marks. BCBST is licensed to use the service marks in the State of Tennessee and is not contracting as an agent of the Association.
1. License. BCBST hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the on-line services available at BCBST.com subject to the terms of this Agreement.
2. Access. Certain restricted sections of BCBST.com will be accessible only to you or your personnel identified to BCBST. All information about users provided to BCBST must be current, accurate, and complete. If BCBST at any time discovers any error or omission in the information that you provide, BCBST may, at its option, terminate the right to access and use the password protected sections of BCBST.com by any user. You are responsible for the acts or omissions by your personnel’s use of BCBST.com, and for any damages incurred by you as a result thereof. You may be asked to accept additional terms and conditions prior to enrolling in or using certain restricted services offered through BCBST.com.
3. Physician, Practice Group or Agency Access. Certain services offered through BCBST.com will be accessed and used by physicians, practice groups or authorized agents of BCBST and authorized members of their staff. If you are a physician or agent, or a physician’s, practice group’s or an agent’s authorized representative, it is your sole responsibility to identify members of your staff who should be permitted to access and use BCBST.com, and to authorize, monitor and control access to and use of BCBST.com by your staff members.
A. The term “Information” shall mean all content, data and the related subscriptions, products, services and information obtained through BCBST.com. BCBST has entered into agreements with certain sponsors, third-party web site operators and other third-party providers whereby BCBST displays information, products, goods, or services offered by the third-party providers and sometimes provides links from BCBST.com to third-party web sites (the foregoing third-party providers are collectively referred to as “Third-Party Providers”). The term “Information” also refers to Information which is offered by Third-Party Providers. Although BCBST facilitates services and the use of Information from Third-Party Providers, there is no legal affiliation between BCBST and such Third-Party Providers.
B. Statements, including without limitation, advice and recommendations made on BCBST.com concerning various aspects of healthcare are intended solely to provide educational and informational aid and are not intended to be, nor should they be considered, a substitute for professional advice from a provider of healthcare services.
THE USER IS HEREBY ADVISED TO CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING HEALTHCARE NEEDS AND TO CONTACT THE USER’S OWN EMPLOYER, HEALTHCARE ADMINISTRATOR, MANAGER AND BENEFIT PROVIDER, AS APPROPRIATE.
C. BCBST may point or link to other sites maintained by third parties that may be of interest to you. BCBST provides such linking functions only as a service to you. BCBST does not guarantee that a link will be provided to enable every user to reach their intended party(ies) including, but not limited to physician offices and health plan benefit offices.
The Information found on all pages of BCBST.com is the property of BCBST or its licensors, licensees or Third-Party Providers and most Information is copyrighted material. The logos, page headers, custom graphics, buttons, and other icons contain or are proprietary service marks, trademarks, or service marks of BCBST (collectively, “Trademarks”). Nothing in this Agreement shall be construed as transferring or assigning any ownership rights to you or any other person or entity in the Information or Trademarks.
6. Restrictions. Only personal use of the Information is permitted, which means that you may access, download or print such Information for your personal, non-commercial use only. You agree not to change or delete any copyright or proprietary notice from Information downloaded from this Website or any website accessible through this Website. You may not resell, redistribute, broadcast or transfer the Information or Trademarks or use the Information in a searchable, machine-readable database or file. You agree to use BCBST.com and the Information for lawful purposes only. You agree not to post or transmit any information through BCBST.com which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right.
9. Link to BCBST.com. You may create a link from your personal computer or web site as set forth pursuant to the terms contained in our linking agreement. You may not create a link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by BCBST; 2) cause confusion, mistake, or deception; 3) dilute BCBST’s Trademarks or service marks; or 4) otherwise violate U.S. state or federal law or the law of any other jurisdiction.
10. Changes to Website. BCBST reserves the right at any time and without notice to modify BCBST.com. Such modifications may include, without limitation, changes in services, implementation of user priorities or rules, and discontinuance of functional aspects of the web site. BCBST may also add, withdraw or modify Information within BCBST.com or services or products provided throughout BCBST.com at any time in its sole discretion or cancel any link to a Third-Party Provider website.
11. Password Disclosure. If you learn or suspect that your user name or login password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify BCBST via e-mail or in writing within twenty-four (24) hours of discovering such fact. Upon receiving such notice, BCBST will assign a new password to you within a reasonable period of time.
12. Delays in Services. Neither BCBST nor any of its licensors, licensees and Third-Party Providers shall be liable for any loss or liability resulting from your inability to access the Website or delays or interruptions due to system failures, date-data processing failures, Internet problems, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism or other like causes.
14. Equipment and Operation. You shall provide and maintain all software, computer hardware, Internet connection and other equipment and services necessary to access BCBST.com, and the costs of any such equipment and/or connections or use, including any applicable taxes, shall be borne solely by you.
15. Disclaimer of Warranties. YOU ACKNOWLEDGE THAT SOME OF THE CONTENT PROVIDED THROUGH BCBST.COM ORIGINATES FROM SOURCES WHICH ARE BEYOND THE CONTROL OF BCBST. YOU RECOGNIZE THAT INACCURACIES MAY OCCUR AND BCBST AND ITS LICENSORS AND THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY OR SUITABILITY OF THE CONTENT. YOU AGREE THAT THE INFORMATION AND SERVICES AVAILABLE TO YOU THROUGH BCBST.COM ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS” BASIS. BCBST AND ITS LICENSORS AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND SERVICES AVAILABLE THROUGH BCBST.COM HAVE NOT BEEN EVALUATED BY ANY U.S. OR OTHER GOVERNMENTAL AUTHORITY, INCLUDING WITHOUT LIMITATION, THE FOOD AND DRUG ADMINISTRATION (THE “FDA”), AND THAT THIS INFORMATION AND THESE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. BCBST.COM DOES NOT CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT A MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTHCARE PROVIDER.
BCBST DOES NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE DURATION OF EFFECTIVE WARRANTIES AND/OR THEIR DISCLAIMERS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE.
16. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BCBST OR ITS SUPPLIERS, VENDORS OR THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM THE USE OF THE WEBSITE OR ANY INFORMATION INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, OR WITH THE INFORMATION, SERVICES, PRODUCTS, MATERIALS OR OTHER RESOURCES PROVIDED HEREIN, OR THE FAILURE TO MAKE AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS OR OTHER RESOURCES, CONTAINED ON OR ACCESIBLE THROUGH THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
17. Indemnification. YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BCBST, ITS LICENSORS, AND THIRD-PARTY PROVIDERS (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS, DAMAGES, LAWSUITS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RESULTING FROM ANY CLAIM BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR NEGLIGENT OR WRONGFUL ACCESS OR USE OF BCBST.COM, AND THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH OR PROVIDED BY BCBST.COM OR YOUR POSTING ANY CONTENT ON THE WEBSITE.
19. No Conflicting Terms. If there is any conflict between this Agreement and any other documents regarding the subject matter of this Agreement or the services, products or Information you access, acquire or receive through BCBST.com, then the provisions of this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of BCBST.
20. Minors. If you have agreed to allow your minor child or a child for whom you are legal guardian (“Minor”) to access BCBST.com or any of the services or Information offered or through the site, you agree that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor’s access to and use of the site; and (c) the consequences of any use of the site by such Minor.
21. Attorney’s Fees. Should litigation, arbitration or other legal action arise from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable attorney’s fees and costs of litigation.
22. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Tennessee excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. Any such claim or cause of action may only be brought in the state or federal courts located in Chattanooga, Hamilton County, Tennessee and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Tennessee as your agent for service of process. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.
23. Location of User. This site is controlled and operated by BCBST from its offices within the State of Tennessee, United States of America. BCBST makes no representation that material and Information found at or accessible through BCBST.com are appropriate or available for use in any other state. Those who choose to access this site from other states do so on their own initiative and are responsible for compliance with local laws.
24. Waiver. BCBST’s failure to insist upon strict enforcement of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any such provision or right. Any waiver by BCBST of any right or provision herein shall only be by a writing signed by an authorized officer of BCBST.
25. Assignment. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of BCBST. Any assignment other than as provided for in this Section shall be null and void, ab initio.
26. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement.
27. Entire Agreement. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND BCBST WITH RESPECT TO THE SUBJECT MATTER ADDRESSED HEREIN.
28. Modification to this Agreement. BCBST may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions. Accordingly, you agree to review the terms and conditions periodically, and your continued use of this Website shall be deemed your acceptance of the modified terms and conditions.
29. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d) as amended, BCBST hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the America Links Up web site, http://www.getnetwise.org/americalinksup/parentstips/browsers.html.
30. Notice and Procedure for Copyright Infringement Claim. BCBST shall respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other claims of infringement of intellectual property rights or of libel, slander or invasion of privacy, which response may include removing or disabling access to Information claimed to be the subject of infringing activity or other claims. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, or that you have been libeled, slandered or your privacy invaded, please advise BCBST at BlueCross BlueShield of Tennessee, Inc., ATTN: General Counsel, 1 Cameron Hill Circle, Chattanooga, TN 37402.
You may contact BCBST with questions concerning this BCBST Usage Agreement.