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Terms of Service for www.capbluecross.com

Welcome to the Capital BlueCross Web site (the "Site"). We are excited that you have decided to take advantage of the information provided by our Site. Please take a moment to ensure that you understand the terms and conditions of our relationship by reading this important document, our "Terms of Service."

By accessing or using this Site, you agree to be bound by the provisions of these Terms of Service. If you do not wish to be bound, you may not access or use this Site.

TABLE OF CONTENTS

  1. Disclaimer of Medical Liability
  2. Intellectual Property
  3. Legal Notices
  4. General Legal Provisions

1. DISCLAIMER OF MEDICAL LIABILITY

  • Not a Substitute for Medical Advice: CAPITAL BLUE CROSS DOES NOT PROVIDE MEDICAL ADVICE. The contents of this Site, such as text, graphics, images, information obtained from Capital BlueCross' licensors and other material ("Content") contained on this Site are for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
  • Not Liable for Advice: Capital BlueCross is not responsible for any advice or any other information, services or products that you obtain through this Site, including, without limitation, the Nurse Line, Health and Wellness and Find a Physician areas of this Site.
  • Confirm Information with Other Sources and Your Doctor: You are encouraged to confirm the information contained herein with other sources, and with your doctor. After reading information posted on or provided through this Site, you should review the information carefully with your professional health care provider.
  • Call Your Doctor or 911 in Case of Emergency: If you think you may have a medical emergency, call your doctor or 911 immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.
  • Rely At Your Own Risk: Reliance on any information provided by or through this Site, Capital BlueCross employees or other people accessed through this Site is solely at your own risk.
  • No Endorsements: Reference herein to any specific commercial products, process or service by trade name, trademark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement or recommendation by Capital BlueCross.

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2. INTELLECTUAL PROPERTY

  • Copyrights: All of the content of this Site, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, is the property of Capital BlueCross, our partners, affiliates, content providers or licensors, and is protected by U.S. and international copyright laws. We have designed the content of this Site for your use while you enjoy your experience here. Except as granted in the limited license below, any use other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of Capital BlueCross.
  • Service Marks and Trademarks: Contained in this site are numerous service marks as denoted by the registration indicator ® or the designate sm. All service marks, trademarks, trade names and brand names of Capital BlueCross, whether registered or unregistered, are the property of Capital BlueCross and are protected by U.S. and international laws. Except as granted in the limited license below, any use of these assets is expressly prohibited without the express prior written consent of Capital BlueCross. Please be advised that the service mark owners actively and aggressively pursue their intellectual property rights to the maximum extent allowable by law.
  • Limited License: Capital BlueCross authorizes you to download the material on this Site solely for your personal, non-commercial use. If you violate any provision of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
  • Infringements: If you think that any of the information posted to this Site infringes a copyright, trademark, patent or other right of another party, please contact a Customer Service Representative by e-mail or call 800.962.2242.
  • Third Party Licenses: You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- Capital BlueCross a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Capital BlueCross may sublicense its rights through multiple tiers of sublicenses.

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3. LEGAL NOTICES

  • Disclaimers: ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED ON THIS SITE, OR PROVIDED BY THIS SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT AND "COOKIES," ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE MAXIMUM EXTENT PROVIDED BY LAW, CAPITAL BLUE CROSS AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.CAPITAL BLUE CROSS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE, OR THE PRODUCTS OR SERVICES SOLD OR ADVERTISED ON THIS SITE.CAPITAL BLUE CROSS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR PREPARATION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THIS SITE.CAPITAL BLUE CROSS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, SERVICES AND ADVICE PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT.
  • Limitation of Liability: IN NO EVENT SHALL CAPITAL BLUE CROSS, NOR ANY OF ITS MEMBERS, SHAREHOLDERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIAL CONTAINED IN, ACCESSED THROUGH OR PRODUCTS PURCHASED ON, THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CAPITAL BLUE CROSS IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY CAPITAL BLUE CROSS, OR RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF SERVICE, AT LAW OR IN EQUITY, AND THAT SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT IS CAPITAL BLUE CROSS LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.WHEN USING THIS SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF CAPITAL BLUE CROSS AND ITS SUPPLIERS. ACCORDINGLY, CAPITAL BLUE CROSS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE.
  • Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction.

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4. GENERAL LEGAL PROVISIONS

  • Authority to Do Business: Capital BlueCross is a non-profit hospital plan corporation. Capital Advantage Insurance Company ("CAIC") is a wholly owned subsidiary of Capital BlueCross that is a licensed insurer with accident and health authority.Capital BlueCross and CAIC are independent licensees of the Blue Cross and Blue Shield Association operating in the following 21-county area of Central Pennsylvania and the Lehigh Valley: Adams, Berks, Centre, Columbia, Cumberland, Dauphin, Franklin, Fulton, Juniata, Lancaster, Lebanon, Lehigh, Mifflin, Montour, Northampton, Northumberland, Perry, Schuylkill, Snyder, Union and York.
  • References to Capital BlueCross: In places throughout this Site, the products and services to be offered by Capital BlueCross include products and services available through members of the Capital BlueCross family of companies, including its wholly owned subsidiary, CAIC; accordingly references to Capital BlueCross may include its affiliates, including CAIC unless otherwise specifically noted or the context otherwise requires or where the inclusion of the affiliate is not applicable.
  • Governing Law and Jurisdiction: By accessing, transmitting or viewing any information on this Site, you agree to be subject to personal jurisdiction and venue in the Commonwealth of Pennsylvania. Any transaction or occurrence arising out of the accessing, transmitting or viewing any information on this Site shall be judged in accordance with the laws of the Commonwealth, without giving effect to any principles of conflicts of laws.
  • Third Party Links: Some of the links made available to you through our pages will allow you to leave our Web site. Please be aware that the Internet sites available through these links and the material you may find there are not under the control of Capital BlueCross. Therefore, we cannot and do not make any representation to you about these sites or the materials available there, and the fact that we have made these links available to you is not an endorsement or recommendation to you by Capital BlueCross of any of these sites or materials found there. Capital BlueCross is providing these links as a convenience to you.
  • Indemnification: You agree to indemnify, defend and hold harmless Capital BlueCross, its members, shareholders, trustees, directors, officers, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your use of this Site (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this Site using your service account.
  • International Laws: Capital BlueCross is based in the State of Pennsylvania in the United States of America. Capital BlueCross makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  • Modification: Capital BlueCross reserves the right to change these Terms of Service at any time. Any changes or updates will be effective immediately upon posting to the Site. For your information, the date of the last update to these Terms of Service is listed at the top of this page.
  • Assignment: Capital BlueCross may assign its rights and duties under this Terms of Service to any party at any time without notice to you and/or your approval.
  • Notices: Questions or comments regarding this Site should be directed by e-mail, by telephone at 800.962.2242 or via U.S. mail sent to:

    Capital BlueCross
    PO Box 779519
    Harrisburg, PA 17177-9519

  • Entire Agreement: Except as expressly provided in a particular "legal notice" on the Site, these Terms of Service constitute the entire agreement between you and Capital BlueCross with respect to the use of the Site and Content. Your use of the Site is also subject to the Site Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Thank you for your cooperation. We hope you find this Site helpful and convenient to use.

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