Web Site Usage Agreement

Website usage agreement between user and Blue Cross and Blue Shield of North Carolina

Initial Notice

Thank you for visiting our website. This site is owned and operated by Blue Cross and Blue Shield of North Carolina (hereinafter "BCBSNC"). Please read carefully the following legal agreement before using this website. By using this website, you signify your assent to these terms of use. If you do not agree to these terms of use, please disconnect from and do not use this website. BCBSNC reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this website following any such changes shall constitute the User's acceptance of such changes.

Permitted Use

You ("you" or the "User") have a nonexclusive, nontransferable, limited and revocable right to use the website solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. User will not use the website for any other purpose, including any commercial purpose, without the Company's express prior written consent. User agrees to cooperate with BCBSNC in causing any unauthorized use to immediately cease.

List of Restrictions

Neither the website nor any element thereof, including, without limitation, text, graphics, images or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed. However, you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification or obfuscation. You may not modify or prepare derivative works based upon the website, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the website. It is a condition of your use of this website that you do not restrict or inhibit any other user from using this website.

Reservation of Rights

All rights, titles and interests in and to this website are owned by BCBSNC and/or the Blue Cross and Blue Shield Association. All trademarks, service marks and trade names are also proprietary to BCBSNC and/or the Blue Cross and Blue Shield Association. BCBSNC is an independent licensee of the Blue Cross and Blue Shield Association. None of the items mentioned herein may be used without the express written consent of BCBSNC. All rights are reserved by BCBSNC. Check the Registered Marks page for more registered and service mark information.

WARRANTY DISCLAIMER

THE WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BCBSNC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUITABILITY OF THE CONTENT CONTAINED ON THE WEBSITE. BCBSNC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BCBSNC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. BCBSNC MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEBSITE IS CURRENT, UP-TO-DATE OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIABILITY LIMITATION

UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL BCBSNC OR ANY OF ITS RELATED OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BCBSNC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USER. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEBSITE. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEBSITE USAGE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Links to Third Parties' Websites

BCBSNC may have provided links and pointers to Internet sites maintained by third parties ("third-party sites") and may from time to time provide third-party materials on this site. Neither BCBSNC nor its related, affiliated companies operate or control in any respect any information, products or services on these third-party sites. The third-party materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BCBSNC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. BCBSNC does not warrant or make any representations regarding the use or the results of the use of the third-party materials in the third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Contracted Third-Party Vendors

Health Dialog Services Corporation

BCBSNC contracts with Health Dialog Services Corporation to bring you Health Line BlueSM, the Dialog CenterSM and Healthwise® Knowledgebase. BCBSNC does not exercise editorial control over these websites. BCBSNC provides the programs for your convenience and is not liable in any way for the goods and services received. BCBSNC reserves the right to discontinue access to these programs at any time.

Miavita

BCBSNC contracts with Miavita to bring you Healthy Living Programs. BCBSNC does not exercise editorial control over Miavita's website. BCBSNC provides these programs for your convenience and is not liable in any way for the goods and services received. BCBSNC reserves the right to discontinue access to these programs at any time.

MotherNature.com

BCBSNC's Vita Blue program is part of our suite of value-added programs that provide discounts and information to our members. Vita Blue provides discounts on vitamins, minerals, herbal supplements and other products through MotherNature.com. BCBSNC is not affiliated with MotherNature.com. If you choose to purchase products from MotherNature.com, any rights or obligations associated with that purchase will be between you and MotherNature.com. BCBSNC provides Vita Blue for your convenience and is not liable in any way for the goods and services received.

BCBSNC has not evaluated the quality or health benefits of the products offered on the MotherNature.com site. You should always talk to your doctor and pharmacist before using any herb or supplement, especially if you are taking medication or being treated for a particular health problem. BCBSNC recommends that you always seek the advice of your physician before beginning any new treatment or if you have any questions regarding a medical condition. The Food and Drug Administration has not fully evaluated many of these products and thus, they should not be a substitute for medical care.

BCBSNC reserves the right to discontinue access to MotherNature.com at any time.

Subimo

BCBSNC has contracted with Subimo to bring you this service. The information contained on the pages to which you are linking is not intended to provide medical advice or to be otherwise relied upon in making a medical decision. Rather, it is intended as a resource to provide information for you to discuss with your provider in making your health care decision.

Blue Cross Blue Shield of North Carolina does not exercise editorial control over the page(s) to which you are linking, except for any BCBSNC drug formulary information or the network participation status of North Carolina hospitals. BCBSNC reserves the right to discontinue access to this information as any time.

Summex Corporation

Your Health Profile(SM), BCBSNC's Health Risk Assessment, is provided by Blue Cross and Blue Shield of North Carolina through an association with Summex Corporation, a subsidiary of WebMD, Inc. BCBSNC does not exercise editorial control over this website. BCBSNC provides the programs for your convenience and is not liable in any way for the goods and services received. BCBSNC reserves the right to discontinue access to this program at any time.

Jurisdiction

Except as described otherwise, all materials in the BCBSNC site are made available only to provide information about BCBSNC. BCBSNC controls and operates this site from its headquarters in Durham, North Carolina, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

General Terms and Conditions

This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement shall be deemed to have been made in the state of North Carolina, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the state of North Carolina, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the county of Orange, North Carolina, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the North Carolina courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and BCBSNC as a result of this Agreement or use of this website. User agrees not to hold himself or herself out as a representative, agent or employee of BCBSNC and BCBSNC shall not be liable for any representation, act or omission of the User.

BCBSNC's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of BCBSNC's right to comply with law enforcement requests or requirements relating to the User's use of this website or information provided to or gathered by BCBSNC with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and BCBSNC with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and BCBSNC with respect to this website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Indemnification

As a condition of use of this website, the User agrees to indemnify BCBSNC, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees) and damages arising out of legal claims resulting from User's use of this website, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.