Terms and Conditions for Use

BCBSNE Services

Scope of Terms of Use

References to “BCBSNE”, “we”, “us” or “our” in these Terms of Use mean Blue Cross Blue Shield of Nebraska.

BCBSNE will provide members with access to resources which may be provided over a wide variety of mediums and devices now known or hereinafter developed, including mobile applications. These resources include but are not limited to, news, tools , website and applications, communication tools, and health information (collectively, the “Services”)

Acceptance of Terms and Conditions

Read the following terms and conditions (Terms) carefully before continuing. You must accept these Terms to obtain access to any BCBSNE Services. USING ANY SERVICE SIGNIFIES YOUR ACCEPTANCE OF OUR TERMS.

No Legal or Medical Advice

Information provided by BCBSNE through any of our Services is for general information purposes only and should not be interpreted as advice or counseling of any kind to you. Information from any of BCBSNE’ Services’ is not medical or legal advice and is not a substitute for obtaining professional advice. Always consult your own physician for appropriate medical advice and recommendations and consult your own legal counsel for questions on legal matters.

Usernames and Passwords

Your login and password combination protects access to your information on any of our Services. It is your responsibility to maintain the confidentiality of your password, and you are responsible for all activities resulting from their use, including unauthorized use. We recommend you take appropriate safeguards including regularly changing your password, using only strong passwords, and logging out when you have finished your session. MEMBER SERVICES WILL NEVER ASK YOU FOR YOUR PASSWORD AND YOU SHOULD NEVER PROVIDE YOUR PASSWORD TO ANYONE.

If you suspect your password has been compromised, it is your responsibility to immediately contact BCBSNE Customer Services at support@hatcx.com

Proprietary Rights

BCBSNE owns all rights to its logos and trademarks used in connection with the Services. All other logos and trademarks used in connection with the Services are the property of their respective owners.

You acknowledge and agree that the Services and information, content and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, rewrite, modify, reproduce, distribute (via the Internet or other public computer based information system), redistribute, create derivative works (including translating), rent or provide any information presented to you through the Services, in whole or in part, to an unauthorized party. Further, you are prohibited from using, downloading, publishing, republishing, transferring, selling, leasing, licensing, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services including, without limitation, algorithms contained therein.

Termination

Either party may, at its election and in its sole discretion, terminate access to our Services. If you wish to cancel your account, you can notify our Customer Services department. BCBSNE may, at any time, terminate your access to the Services without advance notice, due, but not limited to, coverage cancellation.

Email Addresses and Email

You may required to provide your email address when registering for access to any of our Services. We may use this email address to contact you with information about your account and access to our Services.

Email is not a secure method of communication. You should never send an email to BCBSNE containing personally identifiable information, nor will BCBSNE use email to communicate any such information to you. Never provide your password in an email.

Security

BCBSNE has implemented technology and security policies, rules and measures to protect its members. Our Services use the most up-to-date Secure Sockets Layer (SSL) encryption technology, the highest level of security on the Internet. The SSL protocol provides server authentication, data integrity, and privacy on the web. SSL encrypts all transmitted information and also verifies the identity of the server to ensure that the original message arrives safely at its destination. We have obtained a digital certificate from Verisign, Inc., a leading provider of Internet trust services. When you enter the Site, an image of a closed lock or a solid key should appear in the bottom bar of your browser window. If you click on this image, a small pop-up window displaying Site-security information will appear. This certificate guarantees that your personal information is being transmitted in secure (encrypted) form to BCBSNE’ Member Services Web server, and not to some unknown or unauthorized server.

Use of Cookies

A cookie is a small piece of information that is sent to your browser when you access a website. There are two kinds of cookies, a session cookie and a persistent cookie. A session cookie is text that is stored temporarily in your computer’s memory but never written to a drive. It is destroyed as soon as you close your browser. A persistent cookie is more permanent because that text is saved to a file on your hard drive. BCBSNE uses session cookies only. We do not use any persistent cookies. If your browser is set up to refuse cookies, you will not be able to access pages on the Site that require you to authenticate.

Information that You Provide to the Services

When you submit information to areas of our Services that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Services. We will consider requests to remove information that you make publicly available through our Services on an individual basis (contact us at the email address we provide at the end of this document). See our Privacy Policy for an explanation of how we use information that you provide to the Services and your rights to change or delete it. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any Content that we deem offensive or fraudulent at any time without your consent, as further described below. We cannot and do not assume any responsibility or liability for any information you submit in connection with our Services, or your or third parties’ use or misuse of information transmitted or received using our Services.

3rd Party Links

From time to time we will provide links to other websites, not owned or controlled by BCBSNE. We do this because we think this information might be of interest or use to you or where, as a member, we can provide you with value added Services. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other websites. A link to a non-BCBSNE website does not constitute or imply endorsement by BCBSNE. Additionally, we cannot guarantee the quality or accuracy of information presented on non-BCBSNE websites. We encourage you to review the privacy practices of any website you visit.

Monitoring

BCBSNE may, in its discretion and without notice, monitor the Services and user’s use thereof to determine and ensure compliance and to protect itself and other users of our Services from fraudulent, unlawful or abusive use, or for any other reason deemed necessary by BCBSNE. BCBSNE may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of BCBSNE, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, or governmental request. BCBSNE may also, in its discretion, review, edit, refuse to post or remove any material or information submitted or transmitted to any of our Services.

Appropriateness of Content

Our Services are not intended to attract children under the age of 13. We do not collect Personal Information from any person we know is under the age of 13. Some of the content on our Services may not be appropriate for children. Parent or guardians are solely responsible for providing supervision of minors’ use of the BCBSNE’ Services.

User Conduct

You agree to use the Services only for lawful purposes. You agree not to take any action that might compromise the security of the Services, render the Services inaccessible to others or otherwise cause damage to the Services or the content. You agree not to attempt to access any content that is not intended for you. You agree not to use the Services in any manner that might interfere with the rights of third parties. You agree that any reuse and/or disclosure of PHI accessed through our Services shall comport with all applicable state and federal laws.

Virus Protection

BCBSNE is not responsible for any computer virus, worm, or other problem that may be associated with the use of a system such as our Services. We recommend you use a trusted virus detection product to regularly scan your system to find and remove any viruses that may be found. It is important to keep such a product up to date to ensure maximum chance of success in detecting the latest viruses.

Disclaimer of Warranties

INFORMATION AVAILABLE THROUGH THE SERVICES IS FURNISHED BY BCBSNE AND ACCEPTED BY USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. BCBSNE DOES NOT WARRANT THAT THE SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICES, WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL FAILURES OF THE SERVICES TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH BCBSNE SPECIFICATIONS WILL BE CORRECTED. BCBSNE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT FOUND ON THE SERVICES. EXCEPT AS EXPRESSLY PROVIDED ABOVE AND IN SUCH WARRANTIES, IF ANY, AS MAY BE PROVIDED BY THIRD PARTY VENDORS OF EQUIPMENT OR SOFTWARE UTILIZED IN CONNECTION WITH THE SERVICES, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, AND INFORMATION OBTAINED THROUGH THE SERVICES IS WITH THE USER.

Limitation of Liability

BCBSNE will make reasonable efforts to ensure information on any Service is timely and accurate, but makes no guarantees and assumes no responsibility for the timeliness, accuracy, reliability, completeness, or usefulness of material on any Service. BCBSNE reserves the right to modify this and any other document on any Service without notification to you.

IN NO EVENT WILL BCBSNE BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCT OR SERVICE FURNISHED OR
TO BE FURNISHED BY BCBSNE UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF BCBSNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF BCBSNE UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY BCBSNE UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID TO BCBSNE BY USER UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE BCBSNE FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BCBSNE’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

You agree to indemnify, defend and hold harmless BCBSNE, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Services from and against losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services with your account.

Downloading

While using our services, files may be downloaded to your hard drive for your needs. BCBSNE is not responsible for the privacy of your hard drive or anything saved to your hard drive due to the use of our services. You agree to allow BCBSNE to download certain files to your hard drive in order to enhance your ability to use our services. For more information on our privacy practices please visit our privacy policy.

Modifications

BCBSNE may modify the Terms at any time and such modifications shall be effective immediately upon posting. You agree to review the Terms periodically and by continuing use of the Services, accept any modifications to the Terms.