The BCBSAZ Advantage website (www.AZBlueMedicare.com) (the “Site”) is owned, managed, operated and published by BCBSAZ Advantage. BCBSAZ Advantage’s* (“we” or “us” or “our”) contract with the Centers for Medicare and Medicaid Services (CMS) to offer Medicare Advantage Prescription Drug Plans in CMS Region 28. The Site is published to provide you with information about us, our products and services, your customer account with us, and our industry. All access to the Site is governed by and subject to these terms and conditions of use (these “Terms”), and any written agreement we may have with you. Please read these Terms carefully and thoroughly. By accessing and using the Site, you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms.
- Changes to Terms
We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Site, or for any other reason. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time, without prior notice to you.
- Access and Use
In these Terms, “you” refers to an individual accessing the Site. To the extent applicable, "you" also includes the corporation or other legal entity (your “Company”), if any, on whose behalf you are accessing the Site. You represent and agree that all information that you provide to us in connection with your access to and use of the Site is, at the time of submission, true, accurate, and complete to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site.
- Notice of Website Privacy Practices
Information that we collect about you and your Company, or that you submit or provide, through your access to and use of the Site is subject to our Notice of Website Privacy Practices, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Notice of Website Privacy Practices.
Before continuing to access and use this Site, you must obtain any required consents and approvals from anyone who may need to consent to or approve your access and use of the Site and any of the features, materials, opportunities, and services provided through the Site, whether such consents and approvals are required by law or otherwise.
- No Solicitation or Offer of Medical Services or Advice
This Site is designed to provide general information about the products and services available from us to Medicare-eligible beneficiaries. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and services may not be available in all states. No material contained on the Site is or should be construed as medical advice or treatment. No physician and patient relationship is created between you and us, individually or collectively, by reason of your use of the Site or under any circumstances whatsoever. Individual inquiries about sensitive or confidential health care matters should be addressed to appropriate health care professionals.
- No Legal Advice
No information contained, expressed, or implied in this Site is intended as, nor shall be construed or understood to be, legal advice, guidance, or interpretation. No attorney and client relationship is created between you and us, whether individually or collectively, by reason of your use of the Site or under any circumstances. If you have questions about any law, statute, regulation, or requirement referenced in the Site, you should locate and discuss these questions with a lawyer.
We may take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
- Proprietary Content
We respect the intellectual property rights of others, and expect you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You acknowledge, understand, and agree that we own, or (where required, appropriate, or applicable) have been licensed by third parties to use, all right, title, and interest in and to the Site, and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, databases, graphics, images, audio ,and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary and confidential information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of us or our licensors and content-providers.
- Use of Content
We grant you a limited license to access and make personal use of the Site and the Content solely for legitimate business purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that we are not thereby engaged in rendering professional advice or services to you. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, as provided above, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of us. Use of the Content, or any portion thereof, on any other Site or other networked computer environment is prohibited without the express, prior written permission of us. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.
- Trademark Information
All trademarks, service marks, and logos used on the Site are proprietary to us or the Blue Cross Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. You agree not to display or use in any manner, without our prior written consent, the trademarks, service marks and logos found on the Site.
- Use of Submissions
We welcome your feedback and suggestions about how to improve products and services and this website. By submitting any information or material to the Site or to us, whether by e-mail, telephone, or other mode or medium of communication, or through access to and use of the Site or the Content (including, but not limited to, access to, use of, and responses to, any available pages, applications, job postings, bulletin boards, or surveys conducted by us, and submitting or posting feedback, questions, comments, suggestions, ideas, resumes, graphics, text, software, computer files, or other material of any type), you thereby expressly grant, or warrant that the owner of such material has expressly granted, us a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or hereafter developed, subject to our Notice of Website Privacy Practices, as available on the Site.
- User Conduct
In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Site you will not:
a. restrict or inhibit any other user from using or enjoying the Site;
b. represent yourself as another or as a fictitious individual, unless you are participating in an area of the Site that requires or encourages anonymity;
c. disrupt or interfere with the Site or its operation or availability, or alter or tamper with the Content;
d. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law;
e. post or transmit any information that is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
f. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication or engage in spamming, flooding, or any denial of service attack;
g. post or transmit any data or information out of the country in which you reside in violation of applicable law;
h. post or transmit any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software; and
i. post or transmit any information or software which contains a virus, trojan horse, worm, or other disabling device or harmful component.
j. The above assurances and commitments by you shall survive termination of these Terms.
For your convenience, we occasionally provide certain hyperlinks on the Site that link to other websites that are not under our control. Please be advised that when you link to these other websites, you are leaving the Site and these websites are maintained by organizations which we do not control. We do not endorse or sponsor such websites, or the content, viewpoint, policies, products or services provided or advertised on such websites, and we are not responsible for the availability, accuracy, content, or any other aspect of such websites. Once you link to a website not maintained by us, you are subject to the terms and conditions of that website, including, but not limited to its privacy policies. Because we have no control over such websites, you acknowledge and agree that we are not responsible or liable for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website. We disclaim all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against us arising from or based upon your use of, or the offer or purchase of products or services on or through, such other Web sites. Hyperlinks to other websites that are provided on the Site do not imply that: (a) we are affiliated or associated with any linked sites; (b) we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of us.
- Links to the Site
We grant you a limited, revocable, nontransferable, nonexclusive license to include a hyperlink on your own website to the home page of the Site, provided that you do not: (a) “deep link” to any other page of the Site; (b) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to us, or any entity that is part of or associated with us; or (d) otherwise imply or state that any type of relationship or special arrangements exist with us, or any entity that is part of or associated with us, that have not been approved in writing by us. You agree that you will promptly remove any hyperlink to the Site upon written request from us to do so, at any time and for any reason. In no event will you use our logo or any other trademark as a hyperlink “button,” or in any other manner, without our express written consent.
Although we strive to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site, the Content, and all materials, products, and services available through the Site and us are at your own initiative and risk. We do not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site or any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and us are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that you, or your Company, may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND US ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH US ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH US ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
- Limitation of Liability
IN NO EVENT SHALL WE, OUR CONTRACTORS, SUPPLIERS, CONTENT- PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH US; (B) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL WE, OUR CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH US, THE USE, COPYING OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF US, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF US, OUR CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF WE, OUR CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, OUR AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.00.
You agree to indemnify, defend and hold us, and our subsidiaries and affiliates, and the directors, officers, agents, principals or other partners, and employees, of each of the foregoing, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party due to or arising out of content, data or information that you submit, post to, or transmit through the Site, your access to and use of the Content, the Site, and other materials, products and services available on or through the Site and us, your violation of these Terms, or your violation of law or any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
These Terms and the Notice of Website Privacy Practices referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, the Content, and any other materials, products, and services available on or through the Site or through us, and supersede any prior agreements between you and us, related thereto. If you are enrolled in a product of ours, nothing in these Terms will supersede any separate agreement between you and us with respect to the subject matter of any such agreement. You also may be subject to additional terms and conditions that may apply when you use affiliated Web sites or software. Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and us. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of us. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision in the future. The headings in the Terms are for convenience only and have no legal or contractual effect. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws or these Terms.
These Terms shall be governed by and construed under the laws of the state of Arizona, without regard to conflicts of law principles or rules. Any legal action brought by you that arises out of or relates to these Terms and your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You and us each hereby expressly consent and irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located in the state of your residence within the Region for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms, the Notice of Website Privacy Practices referenced herein, or otherwise related to or in connection with your access to and use of the Site, the Content, and the materials, products, and services available on or through the Site or through us. You and us each expressly waive any claim that venue is improper for any reason in these courts.
- Questions Regarding the Site or these Terms
Please contact us with any questions regarding the Site or these Terms.
BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE NOTICE OF WEBSITE PRIVACY PRACTICES REFERENCED HEREIN.
* Independent Licensee of the Blue Cross and Blue Shield Association.