The following terms and conditions ("Terms and Conditions") govern your use of the BHI website (the "Site"), and by clicking below and accessing, viewing, or using the Site or any of the Content (defined below) on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, binding written contract, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.
1. Protected Access Site. The Site and select information, material and contents ("Contents") on the Site are intended for internal use by BHI, the Blue Cross and Blue Shield Association ("BCBSA)”, Blue Cross and Blue Shield companies ("Blue companies") and their licensed, controlled affiliates ("Controlled Affiliates"). Any other persons or entities must receive prior written permission from BHI before being given access to the secured information on the Site. All passwords used to access the Site must be kept confidential. Under no circumstances should you share your password with or provide access to the Site for an unauthorized person or entity. If you have reason to believe that an individual and/or system password has become known to anyone else, you must immediately contact firstname.lastname@example.org to report the issue and obtain a new password.
2. Proprietary Rights. All content on this Site is protected by law, including without limitation United States copyright law. BHI also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site Content. Removing or altering the copyright notice on any Content on the Site is prohibited. Unless otherwise indicated, Blue Plans and Controlled Affiliates may reproduce and distribute Content solely for use in conjunction with the conduct of their own businesses, provided that all copyright notices are included and the Content is not materially altered. Unless otherwise indicated, prior written consent is required in order to modify or create derivative works based upon Content. All trademarks, service marks or other logos featured on the Site are protected by law. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.
3. Appropriate Use. You may not use the Site to send offensive or disruptive material, including without limitation offensive sexual, racial or gender related material, material that violates BHI’s non-discriminatory policies, viruses or other material that may disrupt or interfere with hardware or software functionality, or spam. Notwithstanding the foregoing, BHI is not responsible and shall not be liable for any Content posted to or sent from the Site by visitors or persons, other than BHI employees, in email, forums, surveys, or by any other means. Opinions or comments contained in such Content reflect the views of the author and not of BHI unless BHI expressly states to the contrary.
4. Contributions to the Site. BHI welcomes your contributions to and feedback and suggestions about how to improve this Site. By transmitting any Content to BHI, you automatically grant BHI 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. Further, unless otherwise agreed to in advance, BHI is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever.
5. Corrections and Changes. While we endeavor to keep the Content on the Site up to date, BHI cannot assume responsibility for any errors or omissions in the Content. BHI further does not warrant the accuracy or completeness of the Content. BHI may add, modify or remove Content at any time without notice, but BHI makes no commitment to update the Content contained herein.
6. Links to Other Websites. This Site may contain links to other Internet sites, extranet sites, or sites on other networks for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these are third-party sites maintained by persons or organizations over which BHI exercises no control, and BHI expressly disclaims any responsibility for the Content, the accuracy of the Content and/or quality of products or services provided by or advertised on these third-party sites. BHI does not control, endorse, promote, or have any affiliation with any other website unless expressly stated on the Site.
7. Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. As stated more fully below, neither BHI 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.
8. Confidentiality and Security Cannot be Guaranteed. This Site resides on the private BHI network and uses customized, state-of-the-art software to help ensure the confidentiality and security of any communications or material transmitted to or from the Site via blueweb.bcbs.com or other electronic means. Notwithstanding these efforts, BHI cannot guarantee the confidentiality and security of such electronic communications. To help ensure private and personalized attention, you may also contact BHI by telephone at 312 -540-5151, or write us at BHI, 225 N. Michigan Avenue, Chicago, Illinois 60601, Attn. Webmaster.
9. Privacy Statement. The Site 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. Go to the Home Page and click on the Privacy Statement link to view it. This statement is incorporated by reference, as if set forth fully herein.
10. No Legal Advice. Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between BHI and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.
11. Securities Information. This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information and press releases about BHI, Blue Plans and Controlled Affiliates and although this information was believed to be accurate as of the date prepared, BHI disclaims all warranties related to the accuracy and 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.
12. Disclaimer of Warranty and Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: TO THE FULLEST EXTENT PERMITTED BY LAW, BHI EXPRESSLY DISCLAIMS ANY WARRANTIES CONCERNING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. BHI DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, OR FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH THE SITE, INCLUDING WITHOUT LIMITATION HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATING OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWN LOAD OF SUCH CONTENT. BHI MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY VISITOR-SUPPORTED PAGES OF THE SITEOR ANY STORAGE FACILITIES OFFERED BY BHI. BHI DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENTS, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF THE CONTENT, PRODUCTS AND SERVICES OFFERED AT THE SITE. SOME PRODUCTS AND SERVICES MAY NOT BE AVAILABLE IN ALL GEOGRAPHIC AREAS OR TO ALL USERS OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BHI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED OR PROMOTED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED. THIS SITE AND THE PRODUCTS AND SERVICES OFFERED AT THE SITE ARE OFFERED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Indemnification. You agree to defend, indemnify, and hold harmless BHI, its affiliates and subsidiaries, and all 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 Site and any breach by you of these Terms and Conditions.
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 Content on the Site, you 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. This Site is controlled and operated by BHI from its offices within the United States. BHI makes no representation that Content on the Site is 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 this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire agreement between you and BHI with respect to your use of the Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, BHI has relied on your agreement to be legally bound by these Terms and Conditions. BHI reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.