- Reproduction - The materials on our desktop and mobile websites and applications may be downloaded and/or reprinted for non-commercial use by our members, employer accounts, participating broker/agents and health care providers only, provided that any copyright, trademark or other proprietary notices included in the materials downloaded are not removed from the materials. Any reproduction, distribution, republication, or retransmission of any materials posted on our sites or applications in whole or in part for any reason except personal use is prohibited without the prior written permission of Excellus BlueCross BlueShield, its affiliates or subsidiaries.
- Scope of Use of Our Websites and Applications - The purpose of our desktop and mobile websites and applications is to provide information to our customers about our products and services and health care in general. The information contained on our sites and applications is not intended to be used in place of your doctor's advice. You should see a health care professional if you have a specific health care question or concern and prior to beginning any exercise program. If you are experiencing a medical emergency, call 911 immediately or contact your local emergency services.
- Appropriate Use of Our Websites and Applications - Once registered, you should not share your User ID or Password with anyone. By accessing or registering with the member account system through our websites or applications, you are representing that you are the member or you are legally authorized to act on behalf of the member, and you agree not to impersonate or falsely claim to represent any other person. Any individual who provides false information, attempts to pose as or impersonate someone else, or otherwise defrauds Excellus BlueCross BlueShield may be subject to civil and criminal penalties and legal action.
- Service Marks/Trademarks - All BlueCross BlueShield service marks on our desktop and mobile websites and applications are owned by the Blue Cross and Blue Shield Association, unless otherwise indicated. Excellus BlueCross BlueShield is an independent licensee of the BlueCross BlueShield Association. Other trademarks, service marks and trade names appearing on our websites or applications are the property of their respective owners.
- Service Limitations - The descriptions of products and services on our websites and applications are not intended to constitute offers to sell or solicitations in connection with any product or service. All products and services are not available in all areas or to all parties, and are subject to applicable laws and regulations. If you are interested in a particular product or service, you should contact us to request a complete description of the product or service, as well as information regarding its availability.
- Disclaimer - The information and graphics on our desktop and mobile websites and applications may contain inaccuracies, typographical errors and out of date information. Your use of our websites and applications and the information and graphics contained are at your own risk. Excellus BlueCross BlueShield, its affiliates or subsidiaries do not warrant, represent or guarantee the accuracy, timeliness or completeness of our websites and applications or any of the information or graphics contained on them. Our websites and applications, and all materials contained on them, including but not limited to information, graphics, audio, video, software and other data, if any, are provided “as is” without express or implied warranties or guarantees of any kind, including but not limited to any warranty of merchantability, fitness for a particular purpose, or non-infringement.
- Liability - Excellus BlueCross BlueShield, its affiliates or subsidiaries have no duty to update or keep current our desktop or mobile websites and applications, and disclaim any responsibility for the content or accuracy of the information contained on them. To the extent permitted by law, Excellus BlueCross BlueShield, its affiliates or subsidiaries will not be liable to you or anyone else for (1) any decision made or action taken by you or anyone else in reliance on materials or information obtained or downloaded from our websites or applications, or (2) any direct, indirect, consequential, incidental, special, or similar damages arising out of or related to the use of, delay in being able to use, or inability to use our websites or applications, the materials, products and services they provide, or any other hyperlinked website or third party product or service, even if Excellus BlueCross BlueShield, its affiliates or subsidiaries are advised of the possibility of such damages. Certain states do not allow the limitation or exclusion of liability, so some or all of the above limitations and exclusions may not apply to you.
- Indemnification - You agree to defend, indemnify and hold Excellus BlueCross BlueShield, its subsidiaries, affiliates, managers, officers, members, agents, employees and representatives harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees and other professionals’ fees, incurred by Excellus BlueCross BlueShield in connection with a third party claim, action or demand due to, arising out of, related to or otherwise attributable to your use of our desktop or mobile websites and applications, including without limitation your use of any third party information or content in connection with your use of our websites or applications, or your violation of these Terms and Conditions.
- Links to Other websites - Links from our websites or applications to other websites are provided for your convenience, however, Excellus BlueCross BlueShield, its affiliates or subsidiaries do not regularly review the content of those sites. The links contained on our websites or applications do not imply any endorsement or sponsorship of those sites or any of the products or services that may be offered at those sites. Excellus BlueCross BlueShield, its affiliates or subsidiaries disclaim any responsibility for the content or accuracy of those sites.
- Availability - We cannot guarantee the availability of this information upon your demand. We do our best to provide continuous availability but circumstances beyond our control may mean that there may be periods when our websites or applications are unavailable. We reserve the right to modify, suspend or discontinue any portion of our websites or applications, materials or services at any time, with or without notice.
- Termination - Excellus BlueCross BlueShield reserves the right, in its sole discretion and for any reason whatsoever, to cancel, terminate, suspend or restrict, permanently or temporarily, your access to the Excellus BlueCross BlueShield websites or applications at any time and without prior notice. Excellus BlueCross BlueShield may also remove any content that you post, and cancel, modify, suspend, terminate or otherwise change or eliminate any of the services it provides, without cause and without prior notice to you. You agree that Excellus BlueCross BlueShield shall not be liable to you or any third party for any cancellation, termination, suspension or restriction of your access to the Excellus BlueCross BlueShield websites or applications, or for any change to or termination of services.
- Jurisdiction - These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of New York. Under no circumstances shall the laws of any other state be applied, even where such a result would be indicated by choice of law rules. By using our desktop or mobile websites or applications, you hereby irrevocably consent to the personal and exclusive jurisdiction and venue of federal and state courts in Monroe County, New York regarding any and all disputes relating to these Terms and Conditions or your use of our websites or applications.
- Discrepancies - Our desktop and mobile websites and applications provide an overview of the benefits available under our plans. To the extent of any discrepancy between the information contained on our websites or applications and your Subscriber Contract or Evidence of Coverage, your Subscriber Contract or Evidence of Coverage takes priority.