IBC Website Privacy Policy and IBC Website Terms and Conditions of Access

Overview

This section provides the details of Independence Blue Cross�s (“IBC’s”) Website Privacy Policy and IBC’s Website Terms and Conditions of Access.

Please read this Website Privacy Policy (“Privacy Policy”) in its entirety to understand how IBC will handle: (i) the privacy of personal information that you provide through the Website or through the use of the online IBC Web portals (e.g., the Personal Health Record and the Personal Health Profile), and (ii) the disclosure of certain paid claims data to participating providers rendering services to you (e.g., the Clinical Care Report). Unless otherwise specified, this Privacy Policy does not describe how IBC may handle your personal information in offline settings.

IBC may use and disclose the information that you provide through this Website or through the Web portals or certain data regarding claims paid on your behalf (“Claims Data”) only for purposes permitted or required by law, for purposes described in this Privacy Policy, or for purposes which you might authorize. If you do not wish IBC to use or disclose information that you provide through this Website as described in this Privacy Policy, you should disconnect from this Website. If you do not wish IBC to allow your primary care provider (“PCP”) (or other “qualified providers,” as these providers are described later in this Policy) access to your Clinical Care Report (“CCR”), you may opt out of the CCR functionality by logging into the Member Portal and changing your settings by clicking on the Customer Service tab, finding the section entitled “My Self-Service Tools” and then clicking on the link to “Manage Clinical Care Report”. You then should select “Do not share my Clinical Care Report”. You also may opt out of the CCR functionality by contacting Customer Service by phone at 800-ASK-BLUE (800-275-2583). Opting out of the CCR functionality will prevent your PCP (or any other qualified providers) from accessing your CCR. IBC may need to change this Privacy Policy from time to time to address new functionality or changes to this Website or to the IBC Web portals, or to address new issues that require changes to this Privacy Policy. Please refer back to the Privacy Policy regularly, because your use of the Website and/or the IBC Web portals, or your failure to opt out of the CCR functionality, signifies that you agree to be bound by this Privacy Policy, as it might be amended from time to time.

IBC also has developed Terms and Conditions of Access describing your responsibilities when using this Website and/or the IBC Web portals. Please read the Privacy Policy and the Terms and Conditions of Access carefully. You will be asked to accept the Privacy Policy and the Terms and Conditions of Access before using this Website. IBC may revise and update the Privacy Policy and the Terms and Conditions at any time. Therefore, please periodically review the Privacy Policy and the Terms and Conditions of Access posted at this Website.

IBC Website and IBC Web Portal Privacy Policy

Welcome to the Independence Blue Cross (“IBC”) Website. Our publicly-accessible Website and the Web Portals accessible therein are designed to make it easier for visitors to manage their health information and learn about the services, programs and products provided by Independence Blue Cross and its subsidiaries. If you are currently an individual who has IBC coverage (“Member”), or a provider, broker, or group that does business with IBC, you also may choose to register for one of IBC’s Web portals if applicable. A web “portal” is a Website that allows two-way interaction and can collect information from the visitor or provide information to the visitor. After registration, for example, these portals allow you to access information about certain benefits or programs, claims information, or health information. In addition, certain individuals eligible for special health programs may be able to register to access the consumer web portal. As with all online resources, we appreciate that visitors to our Websites are concerned about the privacy of personal information. This Privacy Policy discloses IBC’s policy for collecting, using and disseminating information through its Websites and Web portals.

Please note that this Privacy Policy is distinct from IBC’s Notice of Privacy Practices (“the IBC Notice”), which is a special notice required by a federal privacy law known as “the HIPAA Privacy Rule.” The IBC Notice describes how IBC uses “individually identifiable health information” collected by IBC — both online and offline — to provide services to you and to administer the various programs that IBC administers. You can request a copy of the IBC Notice of Privacy Practices by calling the Customer Service number on the back of your identification card or going to http://www.ibx.com/privacy/hipaa_privacy/index.html to view the an online version of the Notice. Together, this Privacy Policy and the IBC Notice describe how IBC uses your individually identifiable health information and personal information collected through this Website. Information you provide to IBC in an offline setting is covered by the IBC Notice, but is not covered by this Privacy Policy unless otherwise specified in this Policy.

This Privacy Policy distinguishes between personal information contained in a Personal Health Record (“PHR”) that you might choose to maintain through an IBC Web portal personal information otherwise provided through this Website, and Claims Data automatically populated and made available to your Primary Care Provider (“PCP”) and certain other providers in the form of a Clinical Care Report (“CCR”), unless you opt out, as further explained below. In general, a PHR is an electronic record of certain individually identifiable health information from multiple sources, such as doctors and lab results, that an individual controls and manages and chooses to share with others. Similarly, a CCR is an electronic record of Claims Data that, unless you opt out, is made available electronically to your PCP and other qualified participating providers to whom/which IBC has given electronic access. Please review carefully all information provided relating to PHRs established through an IBC Web portal and CCRs, as your decision to maintain a PHR using the IBC Web portal and allow provider access to your CCR means you understand and agree to these terms.

1. The IBC Personal Health Record Web Portal

Your personal health record (“PHR”) is your voluntary online resource to store, maintain, track, and organize your health information in a centralized private and secure location. The information in your PHR is secured and confidential. IBC does not review the contents of your PHR, except as may be necessary to provide the service (for example, we may incidentally review your data while fixing a technical issue) or as required by law. If you choose to create a PHR, IBC will populate it with certain personally identifiable information automatically.

IBC uses personally identifiable information contained in medical and pharmacy claims and certain lab tests and results submitted to IBC from doctors, hospitals, labs, pharmacies and other providers (collectively, “Claims Data”) to create your PHR that will be available to you on WebMD’s website (see Section 6 of this Privacy Policy to learn more about IBC’s relationship with WebMD). IBC will add this Claims Data to your PHR periodically. You also may add information, such as notes, comments, and prior medical history, into your PHR at any time. A version of your PHR can be printed and shared with your health care providers if you choose to do so. However, as more fully explained immediately below, you should expressly advise your health care provider or other person/entity with whom you share this information that: (i) the PHR is not a complete medical record, (ii) the PHR is not intended to be medical advice or instructional for medical diagnosis or treatment; and (iii) any lab test results received by IBC from labs and loaded into the PHR are unofficial records of test results.

The IBC Claims Data is provided to you for informational purposes only. The PHR is not a complete medical record and does not include all services, tests, products or medical advice that you may have received, or constitute the official medical record of such services, tests, products or medical advice. Nothing contained in the PHR is intended to be medical advice or instructional for medical diagnosis or to suggest or recommend a course of treatment. And, the PHR furnished on the WebMD site is not intended to replace personal consultation with a qualified health care professional.

The contents of the PHR include all Claims Data from 2006 to the present except for Claims Data relating to what we refer to as “sensitive health conditions.” “Sensitive health condition” Claims Data is claims information concerning conditions such as mental or behavioral health, HIV/AIDS, sexually transmitted diseases, substance abuse, or genetic testing.

Once you accept the IBC Website Terms and Conditions, Claims Data submitted to IBC will be automatically loaded into your PHR. You may opt out of the PHR program entirely, in which case you will have no further access to the WebMD website.

Please note that once your Claims Data is loaded automatically in your PHR, there will be a time period before the information appears while the data is collected, verified and transmitted to the PHR. Claims Data is updated weekly and is usually available in approximately 7–14 days after the information has been processed by IBC. If you have any questions or concerns regarding updating your PHR, please contact IBC customer service at 800-ASK-BLUE (800-275-2583).

Once Claims Data or other specific information is added to the PHR, you have the option to show or hide that specific information in your PHR. Although the on-line version of the PHR you can review will remain unchanged, you have the option to show or hide specific information when you print out your PHR to share with your family and/or health care provider.

The most useful PHR is the one that is the most complete and user-friendly, so that it can help you keep track of your health and get services that are necessary.

Please note that your PHR cannot be used to communicate with IBC. In the event that you wish to correct a medical record or other statement in the PHR, you must contact IBC customer service at 800-ASK-BLUE (800-275-2583). Although you may enter comments, notes, and other information in your PHR, remember that your PHR will not be reviewed or changed by IBC.

In the event that you are no longer an IBC Member, you may access your IBC PHR for up to three (3) months after leaving IBC. IBC will not have access to claims information provided by hospitals, physicians, labs and other providers when you were not an IBC Member.

2. The Clinical Care Report

Your Clinical Care Report (“CCR”) is a compilation of certain of your paid claims data (“Claims Data”) from the last four years that have been consolidated in a centralized secure location and made available to your PCP and certain other “qualified providers” (as these as these providers are described later in this section) solely for the purposes of identifying opportunities for improving clinical quality and outcomes for you. A CCR is created for every IBC Member, but you may opt out of having the CCR made available to your PCP or to other qualified providers by logging into the Member Portal or by calling Customer Service (as explained in more detail below). In the event that you are no longer an IBC Member, IBC will no longer compile Claims Data and your PCP will no longer be authorized to access your IBC CCR. The contents of the CCR include all Claims Data from 2006 to the present except for Claims Data relating to what we refer to as “sensitive health conditions”. “Sensitive health condition” Claims Data is claims information concerning conditions such as mental or behavioral health, HIV/AIDS, sexually transmitted diseases, substance abuse, or genetic testing. IBC will add Claims Data to your CCR periodically. You are not able to add information, such as notes, comments, and prior medical history, into your CCR at any time. Claims Data submitted to IBC will be made available to your PCP and other qualified providers. You may opt out of the CCR entirely, in which case your PCP and other providers will have no further access to your CCR. Please note that once your Claims Data is loaded automatically in your CCR, there will be a time period before the information appears while the data is collected, verified and transmitted to the CCR. Claims Data is updated weekly and is usually available in approximately 7-14 days after the information has been processed by IBC. If you have any questions or concerns regarding updating your CCR, please contact IBC customer service at 800-ASK-BLUE (800-275-2583).

You may opt out of the CCR functionality by logging in to the Member Portal and changing your settings by clicking on the Customer Service tab, finding the section entitled “My Self-Service Tools” and then clicking on the link to “Manage Clinical Care Report”. You then should select “Do not share my Clinical Care Report”.You also may opt out of the CCR functionality by contacting Customer Service by phone at 800-ASK-BLUE (800-275-2583). Opting out of the CCR functionality will prevent your PCP (or any other qualified providers) from accessing your CCR. .Unless you opt out, IBC will provide electronic access to your CCR to your PCP and certain other providers who have agreed to abide by certain terms and conditions (“qualified providers”). Qualified providers are those providers that identify a need for access to your CCR because of one of three specified medically necessary reasons: (1) the provider is addressing your current emergency medical need within the next thirty (30) days; (2) you have a scheduled appointment within one (1) year of the provider’s request to view the CCR; or (3) the provider has an existing patient relationship with you, such as having treated you or seen you within the prior year. Any non-PCP provider that does not satisfy these eligibility criteria is not considered a qualified provider and will not be authorized to access your CCR. The IBC Claims Data is provided to your PCP and other qualified providers solely for the purposes of identifying opportunities for improving clinical quality and outcomes for you. The CCR is not a complete medical record and does not include all services, tests, products or medical advice that you may have received, or constitute the official medical record of such services, tests, products or medical advice. Nothing contained in the CCR is intended to be medical advice or instructional for medical diagnosis or to suggest or recommend a course of treatment.

IBC does not include in your CCR claims information provided by hospitals, physicians, labs and other providers when you were not an IBC Member. Accordingly, your CCR may identify gaps in information for which IBC has no record. Such gaps in information will be identified on your CCR simply to indicate that IBC does not have any information regarding claims paid during that specific time period.

3. Collection of Personal Information from Site Visitors to IBC’s Website

When you visit www.ibx.com (including the IBC Web portal through which you access your PHR), or when you visit one of our other Websites, IBC may collect and/or track: (1) your home server domain names, your email address, your type of computer, the files downloaded, the search engine used, operating system, and type of web browser; (2) the email addresses of visitors who communicate with IBC via email; (3) information knowingly provided by the visitor in online forms, surveys, email, contest entries, and other online submissions (including demographic and personal profile data), and (4) aggregate information on pages accessed by a visitor.

To better serve you, we use “cookies” to customize your browsing experience. Cookies are simple text files stored by your browser, and they provide a method of distinguishing among visitors to our sites. We use “cookies” to store a randomly generated tag on your computer such that when you revisit our sites, we may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. The cookies created on your computer by using our sites do not contain personally identifiable information. You may refuse a cookie, or delete the cookies file from your computer at any time by using any one of a number of widely available methods. However, you should be aware that if you disable the “cookies” feature of your browser, you may not be able to use the portals within our site.

When a visitor performs a search on our Website, we may record information identifying the Visitor or linking the visitor to the search performed. IBC also may record limited information for every search request and use that information only to solve technical problems with the service and to calculate overall usage statistics.

4. Use of Online Personal Data Collected Through IBC’s Website

When you access the Website (including the IBC Web portal by which you access your PHR), you may choose to give IBC online personal information about you. “Online personal information” is any information or data you provide through this Website that is individually identifiable, such as a name, address, postal address, email address, birth date, phone number, and other personal information, including health information that you voluntarily provide to IBC. It also may include other information that we collect about you that is associated with your name or address, such as your email address. You may provide that information to us on our registration page, if you email us, or at some other point during your online interaction.

IBC may use the online personal information for a number of different reasons, including editorial and feedback purposes, health care marketing and promotions, performing a statistical analysis of visitor usage, product development, content improvement, to protect our rights or property, or to customize the content and layout of our site. Aggregate data that does not identify individual users may be used for internal purposes or provided to third parties.

Personally identifiable information that visitors voluntarily provide to IBC, online or offline, may be added to our databases and used for future communications, which may include Website updates, new products and services, the confirmation of transactions through the portals, upcoming events, or health reminders, and for other purposes in accordance with applicable state and federal law.

Online personal information may or may not be individually identifiable health information that is also protected by the federal HIPAA privacy law (“the HIPAA Privacy Rule”). Where online personal information also constitutes individually identifiable health information under the HIPAA Privacy Rule, the provisions of this Privacy Rule also will govern IBC’s permitted uses and disclosures of the online personal information.

5. Disclosure of Online Personal Data Collected Through the IBC Website to Third Parties

Unless otherwise authorized by a visitor, IBC will not sell, rent, license, or disclose personally identifiable information collected through the IBC Website to unaffiliated third parties. Under the HIPAA Privacy Rule, however, IBC is permitted to disclose individually identifiable health information to business associates who perform various functions or provide services on their behalf. To perform these functions or to provide services, business associates will receive, create, maintain, use, or disclose individually identifiable health information that has been provided to or made available to the business associate by IBC, but only after we require the business associates to agree in writing to contract terms designed to safeguard your information.

IBC has contracted with certain third party vendors such as WebMD to serve as its business associate to provide services in connection with IBC’s Web portals.

Except as set forth above, IBC will not release personally identifiable information to any party unless required to do so by government authorities or legal process in accordance with applicable law , in order to protect our rights or property, or in conjunction with an acquisition of all or part of our company. Laws that permit disclosure of your personally identifiable information as part of healthcare operations might include activities such as Wellness Programs.

6. Wellness Programs and Health Support Programs

Wellness and health support programs (such as but not limited to Healthy LifestylesSM, ConnectionsSM Programs for chronic conditions, Healthy LifestylesSM Rewards Program) are intended to help Members to improve their overall health. They are not intended to replace professional medical advice. Information on Member participation in these programs may be used by IBC for aggregate reporting and outreach purposes.

When appropriate, IBC may share protected health information (or “PHI”) with third party vendors with which IBC has a contract to administer benefits or provide health support services as IBC’s business associates. Such vendors are required to sign a contract with IBC to maintain the privacy of protected health information as required by law. IBC also may share information with treating providers to improve the health care of Members. Providers also must follow all legal confidentiality requirements for PHI.

In addition, when appropriate, we may confirm your enrollment in these programs or in certain preventive health activities, but not your individual responses or final results, with your employer or health and welfare fund (“fund”), for the purpose of an incentive program or corporate wellness planning. For example, we may inform your employer or fund that you completed a “Health Risk Assessment or Personal Health Profile” but will not disclose your answers. We may inform your employer or fund that you attended 10 sessions of a weight management program but not disclose whether you lost any weight. Your individual responses also will not be shared with your employer or fund or their broker/consultant.

7. Links from Independence Blue Cross Websites to Other Websites

IBC Websites occasionally include links to other organizations’ websites for your convenience in locating health-related information, services, and products. Please be advised that when you link to these other sites, you are leaving IBC’s Website and that these other sites are maintained by organizations over which IBC may have no control.

Accordingly, a link on any of these sites does not constitute endorsement of the content, viewpoint, policies, products, or services provided or advertised on that site. These other third party sites may have their own terms and conditions and privacy policies or no policy at all. Once you link to a website not maintained by IBC, you are subject to any terms and conditions of that site, including, but not limited to any privacy policy. The IBC Privacy Policy and the Terms and Conditions of Access do not apply to the sites of such other third parties. IBC does not guarantee that you will receive an alert that you are leaving an IBC Website and linking to other third-party websites. It is your responsibility to determine when you have left an IBC Website.

Certain products, services or treatments referred to on other sites that have a link on our site, may not be covered under certain plans offered by IBC. Members should refer to their benefits contract for complete details of the terms, limitations, and exclusions of coverage. In addition, certain providers may not be network providers. Please refer to our provider directory or call IBC to make certain the professional listed is a network provider.

Certain health information and tools accessible to registered Members on the Member web portal may be provided in combination with third party vendors from which IBC licenses or purchases services. IBC may customize these tools to serve IBC Members with IBC plan coverage. An example of this is the portion of our Member website supported by the company WebMD, which is a business associate of IBC (and, therefore, is bound by the use and disclosure restrictions of the HIPAA Privacy Rule for information that constitutes PHI). A partial list of these services provided by WebMD includes the Personal Health Record and Personal Health Profile. The WebMD sections of the Website have an additional Privacy Policy that governs the collection, use and disclosure of any PHI provided to WebMD through its website. A visitor can tell they are on a WebMD-supported tool because the bottom of the webpage will be labeled “WebMD Health Services Group, Inc.”.

8. Security Measures

IBC has implemented numerous security features to prevent the unauthorized release of or access to personal information. For example, all IBC employees are required to certify their understanding that personal information is considered confidential, that it is important to safeguard personal information, and that IBC will take appropriate action against any employee who fails to acknowledge these facts or adhere to the requisite security standards of conduct.

The IBC web portals use 128-bit encryption to help keep information secure. You will not be able to view certain pages of our site unless your computer has 128-bit encryption. You should also be aware that despite these and other security measures implemented by IBC, no security process is completely foolproof. We will continually assess our security procedures and modify them to protect your information and we ask that our visitors take the appropriate measures to protect their information.

If you register for one of our Web Portals, you will have the opportunity to receive or create a password to access view or submit personal information. Visitors who register to use a Web Portal should not divulge their password to anyone, and IBC will never ask for your password in an unsolicited phone call or email. When you are finished with applications that are password-protected, you should exit the page.

You should be aware that the confidentiality of any communication or material transmitted to/from IBC via this site or email cannot be guaranteed. IBC is not responsible for the security of information transmitted via the Internet. Visitors who prefer to communicate with IBC in another manner other than through our site can write to us via regular mail at: Independence Blue Cross, Electronic Communications – 38th Floor, 1901 Market Street, Philadelphia, PA 19103–1480. If you prefer email, you can write to us at ibc.eCorrespondence@ibx.com

9. Opt-out Right

Visitors may opt out of having certain personally identifiable information, i.e. PHI, used by IBC or its affiliates for health-related marketing or other health-related promotional communications by contacting IBC via regular mail or email at the addresses above. This opt-out right does not apply to IBC’s collection of the type of web browser of visitor to IBC’s site or the sharing of PHI permitted under the HIPAA Privacy Rule for treatment or health care operations as part of wellness and health support programs as described above.

In sections of the Member website that are “WebMD Health Services Group, Inc.” visitors may customize their preferences regarding receipt of email health reminders and other electronic communications. This is done by accessing the “settings” tab.

10. Access to and Ability to Correct Online Personal Data.

Upon request via regular mail or email, IBC provides visitors a summary of any personally identifiable information retained by IBC regarding the visitor. You will also be able to see personal information retained by IBC through the Member Web Portal. Members may seek to modify, correct, change, or update information that IBC has collected, other than the Claims Data to create the PHR and CCR, by contacting us via regular mail or email at the addresses above. Some visitors may also be able to update their information via the Member portal. Although you may provide individually identifiable health information on this Website, the information is not a medical record, and is not, under the HIPAA Privacy Rule, considered information we maintain in a designated record set. Such information, however, will be treated as PHI, as discussed in this Privacy Policy and in IBC’s Notice.

11. Collection of Online Personal Data From Children.

Although parents are free to seek information available on this Website concerning the health of their children, no person under 18 years old is permitted to use this Website. IBC does not direct this Website to children under the age of 18 years or knowingly collect personal information from children under 18. Adults should not assist minors in accessing the Site. When visitors enter personal information on our Website, the visitor is representing to us that he/she is an adult over 18 years old.

To the extent that IBC is able to determine the age of visitors by their submissions to or communications with IBC’s site, IBC will not knowingly (1) collect or post information from individuals under age 18 without their parent’s or guardian’s consent, or (2) provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatever unless otherwise permitted by law.

More specifically, if registration is required for any services on the IBC Website, and a visitor submits information to IBC’s Website through such a registration process that indicates that such visitor is a child, the child’s parent or guardian will be alerted to the child’s registration and will be provided instructions on how the parent or guardian can delete the child’s registration, if so desired. No information collected through IBC’s Website from visitors who identify themselves as children will knowingly be used for any direct marketing or promotional purposes. If there are no age restrictions on a contest that requires registration, and if a child wins, notification and prizes will be sent to the parents or guardians identified in the initial registration process.

12. Independence Blue Cross’s Right to Contact Visitor.

IBC reserves the right to contact Website visitors regarding account status and changes to the Member handbook, the Privacy Policy, or any other policies or agreements relevant to those who visit the Website.

13. Independence Blue Cross’s Right to Change Privacy Policy.

IBC reserves the right to change this Privacy Policy at any time. Consequently, you should refer back to this Privacy Policy regularly as it might be amended from time to time.

Terms and Conditions of Access

Independence Blue Cross (“IBC”) provides you with access to its Website and Member Portal (collectively, the “Portal”), subject to the following Terms and Conditions of Access (“Terms and Conditions”).

We may update these Terms and Conditions at any time and without notice. Unless stated otherwise, changes will be effective when they are posted on our website at www.ibxpress.com. The Terms and Conditions are in addition to those policies and procedures that are posted on our website at www.ibxpress.com under the Legal Information section and under our Website Privacy Policy, which are incorporated herein by reference.

By logging on to the Portal, activating your password and creating a user identification, you agree to be bound by these Terms and Conditions as well as the policies and procedures posted on our Website under the Legal Information section, under our Website Privacy Policy and our HIPAA Notice of Privacy Practices. If you do not wish to be bound by these Terms and Conditions, policies and procedures posted on our Website under the Legal Information section, IBC’s Website Privacy Policy and IBC’s HIPAA Notice of Privacy Practices, you should disconnect from this Website immediately.

1. THE CONTENT OF THE PORTAL IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE PORTAL IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PORTAL! IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

2. IBC reserves the right to terminate access to the Portal at any time and for any reason. Your access will be terminated automatically when your benefits are no longer provided by IBC and its subsidiaries or affiliates. IBC reserves the right at any time to modify or discontinue, temporarily or permanently, the Portal (or any part thereof) with or without notice. You agree that IBC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal.

3. IBC has created certain security procedures, including the use of passwords and user identification numbers, to assist in keeping your information confidential. You agree to provide us with accurate, current and complete information about yourself as requested and to maintain and promptly update your information to keep it accurate, current and complete.

4. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your password. You agree to immediately notify IBC of any unauthorized use of your password or other breach of security, and to exit from your account at the end of each session. IBC cannot and will not be liable for any losses and/or damages arising from your failure to comply with these provisions. Except where expressly authorized by law, you certify that you are not using another person’s password or user identification to access the Portal. You agree not to falsely state or otherwise misrepresent your affiliation with a person or entity to obtain access to a Portal. You also agree not to copy or disseminate, electronically or otherwise, personal or confidential information found on the Portal.

5. You agree that IBC, in its sole discretion, may terminate your password, user identification (or any part thereof) or use of the Portal for any reason, including, for lack of use or if IBC believes that you have violated the Terms and Conditions. You agree that IBC will not be liable to you or any third party for any termination of your access to the Portal.

6. The information provided on the Portal is provided as an accommodation and it is not intended to serve as formal notice or publication as may be required under law or by contract. While IBC uses its best efforts to maintain the accuracy and reliability of information available through the Portal, we cannot guarantee the accuracy of the claims information or that all claims will be found by using the “search” feature of the Portal. You understand and agree that IBC, except as expressly required by law, assumes no responsibility for the timeliness, deletion, mis–delivery or failure to provide any information on the Portal.

7. IBC has agreements with various entities, which we call our “business associates,” to provide services in connection with the Portal. Our relationships with business associates are based on the type of service they are to provide.

8. YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. THE PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IBC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IBC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY REASON RESULTING FROM THE USE OF THE PORTAL.

9. You agree to release and hold IBC and its subsidiaries and affiliates, and their directors, officers, agents, principals or other partners, and employees, harmless from any claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Portal, your violation of these Terms and Conditions, your communication of inaccurate or incomplete information, and/or your violation of law.

10. IBC will not release and/or disclose personally identifiable information to any party, including our third party vendors, unless required to do so by government or legal authorities or unless such release and/or disclosure is in accordance with applicable law and IBC’s Privacy Policy. You understand and agree that the party receiving personally identifiable information may use the personally identifiable information in accordance with applicable law.

11. You understand that you may access the websites of third parties through the Portal. You understand and agree that the websites of third parties will have their own policies and procedures (including a privacy policy) to which you will be subject. These websites are maintained by the third parties that IBC does not control. IBC recommends that you read the policies and procedures (including the privacy policy) of the websites of third parties that you access.

12. In some instances, you will be notified when you leave IBC’s Portal and access the websites of third parties. However, IBC does not guarantee that you will receive such a notice before accessing the websites of third parties. You understand and agree that it is your responsibility to determine when you have accessed the websites of third parties and to be aware when the policies and procedures (including the privacy policy) of third parties are applicable.

13. The Portal may include or provide links to other websites on the Internet including, but not limited to, links to our business associates’ web pages. These other websites may provide opinions, recommendations, or other information from various individuals, organizations or companies. IN PROVIDING LINKS TO THE WEBSITES OF THIRD PARTIES, IBC DOES NOT INVESTIGATE THE CONTENT OF SUCH INFORMATION AND DOES NOT ENDORSE, GUARANTEE OR WARRANT THE ACCURACY OF SUCH INFORMATION OR NECESSARILY SUBSCRIBE TO ANY SUCH OPINIONS OR RECOMMENDATIONS. TO THE EXTENT THAT YOU MAKE USE OF ANY LINK TO ANY OTHER WEBSITE ON THE INTERNET, YOU UNDERSTAND AND AGREE YOUR USE OF THE WEBSITES OF THIRD PARTIES IS AT YOUR SOLE RISK. THE WEBSITES OF THIRD PARTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IBC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IBC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY REASON RESULTING FROM YOUR USE OF THE WEBSITES OF THIRD PARTIES.

14. You understand that Pennsylvania law requires that any person knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any false information or conceals for the purposes of misleading, information concerning any material fact thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.