BLUE CROSS BLUE SHIELD INSTITUTE, INC. (“BCBS Institute,” “we,” “our,” us”) is a wholly- owned subsidiary of Blue Cross and Blue Shield Association (“BCBSA”). The following terms and conditions (“Terms and Conditions”) constitute a legally binding agreement between you and BCBS Institute and govern your use of the non-emergency transportation Service (defined below) provided by third-party transportation providers (“Transportation Provider(s)”), whether for yourself or on behalf of a Permitted User. These Terms and Conditions include our https://www.bcbs.com/privacy-policy. BCBS Institute may revise these Terms and Conditions by posting them on the related site, without further notice. By accessing, viewing, or using the Service, you indicate that you understand and accept these Terms and Conditions (as may be modified from time to time) and agree to be legally bound by them and participation in the transportation Service program. If you do not agree with the Terms and Conditions, you are not granted permission to use the Services and should immediately stop using them. Your continued use of the Service means you accept any changes. Do not use the Service for emergency care. If you have a medical emergency, call 911.
1. About the Service, Generally.
The Services are intended only for use by participating members, and their appointed caretakers, of a participating Blue Plan and certain other third parties permitted by BCBS Institute (“Permitted Users”), for purposes only in connection with the Services described herein. “Service” means any website, mobile application, or Internet service under BCBS Institute’s control or management, whether partial or otherwise, in connection with providing a platform that connects Permitted Users with vehicle-sharing Transportation Providers in certain cities. Each reservation made on behalf of or by a Permitted User with such vehicle- sharing Transportation Providers for such Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.” By using the Service to make a Reservation for a Ride, you are electing to use the Transportation Provider provided through the Service.
NEITHER BCBS INSTITUTE, BCBSA, NOR YOUR HEALTH PLAN (“HEALTH PLAN”) PROVIDES TRANSPORTATION SERVICES AND ARE NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE SCHEDULED THROUGH THE SERVICE. BCBS INSTITUTE AND YOUR HEALTH PLAN OFFER INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DO NOT, AND DO NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION VENDOR. BCBS INSTITUTE AND YOUR HEALTH PLAN HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
No one under the age of eighteen (18) is allowed to register with or use the Service without the consent of their parent or guardian. If you are under the age of 18, by registering for and using the Service, you warrant and represent that you have consent to do so from a parent or guardian. If you make or have a Reservation made for you, and multiple people are traveling in your party, you, as the Permitted User associated with the Reservation and Ride, are responsible for the conduct of everybody traveling in your party. You are responsible for complying with any child safety laws, including without limitation, whether a minor passenger traveling with you is required to use a car seat.
If you experience an accident or have an issue which threatens your personal safety, make sure to take the appropriate steps to protect yourself and get to a safe place. If necessary, call the authorities by dialing 911 or your local non-emergency assistance line, and then contact our customer service line 888-510-BCBS (2227).
When you make a Reservation, you must notify the BCBS Institute by calling the customer service line if you are travelling with more than two (2) people in your party. If you do not, BCBS Institute, your Health Plan and/or the Transportation Provider reserve the right to refuse service to additional guests or charge an additional fee.
2. Proprietary Rights; Limitation of Use.
All materials contained under the Service are protected by law, including but not limited to, United States copyright law. Except as indicated, BCBSA and BCBS Institute are the owners of the copyright in the entire content (including images, text and look and feel attributes) of the Service and reserve all rights in that regard. Any commercial use of Service’s content is prohibited without the prior written consent of BCBS Institute. Except as indicated, BCBS Institute and BCBSA own all trademarks, service marks or other logos featured on or related to the Service. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Removing or altering the copyright notice on any material related to the Service is prohibited. Please be advised that BCBSA and BCBS Institute actively and aggressively enforce their intellectual property rights to the fullest extent of the law.
By using the Service, you also agree:
- Not to publish any portion related to the Service, its content, or any reports or information derived therefrom without BCBS Institute’s prior written consent before each such use, except for internal use within your Health Plan;
- Not to copy, download, scrape, or extract any raw data or any screen contents related to the Service, except for such personal use;
- Not to copy, download, scrape, extract, reprint, modify, link, deep link, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from the Service site or any of the third-party websites to which we may provide links;
- Not to use any device or computer program in order to interfere or attempt to interfere with the proper operation of the Service (e.g., hacking, denial of service attacks, etc.), including any activity that attempts, or precedes any attempts, to breach security (such as scanning, probing, or other testing or vulnerability assessment activity), or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of BCBS Institute’s IP space;
- Not to code or introduce any Harmful Code into any part of the Services (“Harmful Code” shall mean any self-propagating program that infects, damages, or disables another program; contains any virus, Trojan horse, or worm; or contains any code designed to permit unauthorized access or monitoring, or that alters or erases any data or programs without control of the person operating the computer on which it resides);
- Not to use the Service or related sites in a manner that may adversely affect this Service’ s resources or its availability to others, or that violates federal, state, or local law;
- Not to use the BCBSA words, symbols, trademarks, or service marks (collectively, “Blue Brands”), and not to make any reference to BCBSA, BCBS Institute, any Blue Plans, the site, (including, but not limited to, in your advertising, letterhead, symbol or logo, or press releases) without prior written approval of BCBS Institute;
- That all use of the Blue Brands, if so permitted by BCBSA or BCBS Institute, must inure to the benefit of BCBS Institute or BCBSA and must comply with all applicable BCBS Institute and BCBSA rules and policies; and
- That BCBSA, BCBS Institute, Blue Plans, or other interested entities may send you communications (via email or other media) on matters pertaining to the Service.
3. Confidential Information.
The Service, its related sites and each of their contents, and all reports generated under the Service are deemed the “Confidential Information” of BCBS Institute. You agree only to disclose any of the Confidential Information to your Health Plan or with BCBS Institute’s prior written consent for each such use. You will safeguard all Confidential Information from unauthorized disclosure or access and will maintain it in strict confidence, protecting it with the same degree of care that you exercise with your own confidential information, but in no event less than a reasonable degree of care. Except as provided in these Terms and Conditions, you will not use or disclose any Confidential Information without the BCBS Institute’s prior written consent and then only for the purpose herein. You will notify BCBS Institute promptly of any unauthorized access or disclosure of which you become aware. You and BCBS Institute agree that all the Terms and Conditions shall be kept confidential except as required by law, or pursuant to court order or in the course of litigations between you and BCBS Institute.
4. Your Account.
If applicable or made available by your Health Plan, you are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Service.
You represent and warrant that any information you provide to the BCBS Institute will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Service, you may need to log-in by providing certain information, which may include a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
If applicable or made available, BCBS Institute may give you the ability to provide a caretaker access to your account for the sole purpose of scheduling a Ride. You are responsible for any and all acts and omissions of these caretakers as it relates to these Terms and Conditions. Should you decide to assign a caretaker to your account, that person would have access to your private account information, including the power to book, modify, and cancel rides. For the avoidance of doubt, a caretaker may not assign or delegate their responsibilities under these Terms and Conditions to any other person or entity.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the BCBS Institute by e-mail to email@example.com. You will be solely responsible for the losses incurred by BCBS Institute and others due to any unauthorized use of your account.
By using the Services and/or providing information, including your mobile telephone number, landline telephone number, and/or email address to us, your Health Plan, your provider, and/or the Transportation Provider, or their respective designees (collectively, “Senders”), you agree that Senders may communicate with you electronically, as further described below, with regard to any matter of or related to the Service. You represent and warrant that any wireless telephone number and email address that you provide is owned by you. Senders may communicate with you by email, text message, or telephone using the information you provide when registering for the Service or posting notices through the Service.
Channels. BCBS Institute may communicate with you by email, text message, or posting notices on the Service using the information you provided when registering for the Service. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service.
Email. You agree to receive emails from Senders at the email address you provide to us for purposes outlined here or in our Privacy Statement. You may revoke your consent to receive emails by opting-out of receiving emails by emailing firstname.lastname@example.org or by calling the Institute Services Center at 888-510-BCBS.
SMS Text Messages. Senders may send you Short Message Service (“SMS”) text messages (“Text Alerts”) to any mobile telephone number you provide to any Sender. By responding to any such message, you agree to the Terms and Conditions for this Service and acknowledge that Senders may send you Text Alerts, including messages sent by automatic telephone dialing equipment, to the cellular phone number you provide upon registering with the Service (which is the number to which these Terms and Conditions have been sent). These SMS messages may relate to enrollment and continuation of the Service, managing your password or Service preferences, the provision of the Service (including, for example, notifications of your vehicle location and approach), and other health-related programs and services that we believe may be of interest to you. This consent is not a required condition of purchasing any property, goods, or services from BCBS Institute. You are not required to give us this information or enter into these Terms and Conditions or to enroll in healthcare benefits with your Health Plan. Not providing this information will not increase your premiums. Senders do not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of the SMS text messages at any time. To stop receiving Text Alerts, text STOP to the number from which you are receiving Text Alerts. Texting STOP to the number from which you are receiving BCBS Institute alerts will opt you out of any and all future BCBS Institute text messages. After you submit a request to opt out, you may receive one final Text Alert from BCBS Institute confirming that you will no longer receive Text Alerts. No additional Text Alerts will be sent unless you re-activate your enrollment to the Text Alerts. For questions about Text Alerts, text the word HELP to the number you are receiving BCBS Institute alerts. Text Alerts may come from any one of the short codes and BCBS Institute may change, add or remove short codes as necessary.
The BCBS Institute Text Alerts are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. BCBS Institute may change or discontinue any of its text alerts without notice or liability to you. BCBS Institute and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any BCBS Institute text alerts or from technical failures or delays of any kind. BCBS Institute reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.
Telephone Communications. We, the Health Plan, and/or Transportation Provider may contact you at your mobile or landline telephone numbers. Such communications may include use of an automatic telephone dialing system, prerecorded message, and/or artificial voice.
BCBS Institute welcomes your feedback and suggestions about how to improve our products and services, including the Service. By posting about the Service on social media or transmitting any suggestions, information, material, or any other content (collectively, “Content”) to BCBS Institute, you automatically grant BCBS Institute 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 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 content. Further, BCBS Institute is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to us for any purpose whatever, including, but not limited to, creating and marketing products and/or services using such information. BCBS Institute is not responsible and shall not be liable for the Content, or materials posted to any site related to the Service by Permitted Users, visitors, or persons other than BCBS Institute employees. Opinions or comments contained in Content reflect the views of the author and not of BCBS Institute unless BCBS Institute expressly states to the contrary.
6. No Medical Services or Advice.
Nothing contained, expressed or implied by the Service is intended as, nor shall be construed as medical advice. No doctor-patient relationship is established between BCBS Institute, your Health Plan, and/or the Transportation Provider and you by reason of your use of the Service or under any circumstances whatsoever. Individual inquiries about medical issues or sensitive or confidential matters should be addressed to appropriate health care professionals.
7. No Medical Policy, Benefits, Coverage, Claims, or Insurance Advice.
The Service and BCBS Institute do not determine medical policy, provide health insurance benefits or coverage information, or adjudicate claims for any Blue Plan. Your Health Plan, acting as an independent entity, determines its own medical policies, benefits, coverage, and adjudicates its own members’ claims. Inquiries about medical policy, benefits, coverage, claims, or other insurance matters should be addressed to the appropriate local Blue Plan.
8. Privacy Statement.
BCBS Institute has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. To view the Privacy Statement, go to BCBS Institute’s home page and click on the Privacy Statement link. The Privacy Statement is incorporated herein by reference, as if set forth fully herein.
9. Disclaimer of Warranty and Liability.
USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN EXPENSE AND AT YOUR OWN RISK. NEITHER BCBSA NOR BCBS INSTITUTE, NOR ANY PARTY PROVIDING SERVICES ON BEHALF OF OR AS DIRECTED BY YOU, NOR THEIR AFFILIATES, AND EACH OF THEIR SUBSIDIARIES, AGENTS, OR AFFILIATES (“RELEASED PARTIES”) ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION RELATING TO THE SERVICE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE RELEASED PARTIES MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, (vi) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (vii)ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. BCBS INSTITUTE MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. BCBS INSTITUTE, BCBSA, AND ANY PARTY PROVIDING SERVICES ON BEHALF OF OR AS DIRECTED BY YOU SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BCBSA, BCBS INSTITUTE, OR A BLUE PLAN TO YOU EXCEED THE PRICE PAID, IF ANY, FOR USE OF THE SERVICE (OR $0, IF NO PRICE WAS PAID). 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.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service, including but not limited to the drivers or Transportation Providers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release BCBS Institute of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
10. Corrections and Changes; Termination.
BCBS Institute has made reasonable efforts to present accurate information pertaining to the Service; it is possible, however, that information pertaining to the Service may be or may become out-of-date. While we endeavor to keep the materials up to date, BCBS Institute shall not assume responsibility for any errors or omissions in these materials. The information pertaining to the Service comes from a variety of sources. Some of this information may not be verified. All information pertaining to the Service is subject to change without notice. Further, BCBS Institute does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. BCBS Institute may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. BCBS Institute reserves the right to terminate your access to the Service in the event that you violate these Terms and Conditions or for any reason at BCBS Institute’s sole discretion; upon termination, your authorization to access or use the Service and its contents will cease immediately.
11. Limitation of Liability and Indemnification.
BCBS Institute, BCBSA, or any party providing services on behalf of or as directed by you are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. BCBS INSTITUTE, BCBSA, ANY PARTY PROVIDING SERVICES ON BEHALF OF OR AS DIRECTED BY YOU, AND/OR THEIR LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
BCBS INSTITUTE MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU WITH TRANSPORTATION, BUT BCBS INSTITUTE DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER, AND YOU EXPRESSLY WAIVE AND RELEASE THE BCBS INSTITUTE FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT BCBS INSTITUTE DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON- GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND BCBS INSTITUTE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. BCBS INSTITUTE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING BCBS INSTITUTE’S SERVICES RESTS SOLELY WITH YOU. BCBS INSTITUTE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE BCBS INSTITUTE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS POTENTIALLY
DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF BCBS INSTITUTE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE PAID, IF ANY, FOR USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless BCBS Institute, BCBSA, any party providing services on behalf of or as directed by you, and their affiliates and subsidiaries, and each of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Services and/or any breach by you of these Terms and Conditions.
12. Links to Other Web Sites.
The Service may, from time to time, contain links to other Internet websites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations over which BCBS Institute exercises no control, and BCBS Institute expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party websites. BCBS Institute does not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Service.
13. Use of the Internet.
While BCBS Institute strives to make the Service accessible 24 hours per day, 7 days per week, the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. BCBS Institute shall have the right at any time to change or discontinue any content or feature of the Service, including discontinuing the Service and any related portal, app, or site, including any and all services within each.
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither BCBS Institute nor its affiliates will be liable for any loss resulting from a cause over which they do 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.
14. Governing Law and Jurisdiction.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without reference to its choice of law rules. By accessing, viewing, or using the Services, you agree and consent to the jurisdiction of the federal and state courts presiding in Chicago, Illinois, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Service is controlled and operated by BCBS Institute from its offices within the United States. BCBS Institute makes no representation that the Service is appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. You must file any claim related to the Service within one (1) year after such claim arose, or it is forever barred.
15. ENTIRE AGREEMENT.
©2019 BCBS Institute. All Rights Reserved.