Welcome to the Independence Blue Cross website – ibx.com (the "site"). Independence Blue Cross provides its website to you subject to the following Terms and Conditions (the "Terms and Conditions"). The Terms and Conditions govern your use of the site and by accessing or using the material on the site, you indicate that you understand and agree to the following provisions:
1. TERMS AND CONDITIONS OF USE
Independence Blue Cross provides its website to you, subject to the following Terms and Conditions, which may be updated by us at any time and without notice. Unless stated otherwise, changes will be effective when they are posted. You can review the most current version of the Terms and Conditions at any time by clicking on the link entitled "Legal Information" located on our home page – ibx.com. You will also see links to our Legal Information Statement on other pages comprising our site.
2. NO SOLICITATION OR OFFER OF MEDICAL SERVICES OR ADVICE
This site is designed to provide general information about Independence Blue Cross and its products and services. 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/or services may not be available in all states and in many instances may be offered only through employers and other plan sponsors. No material contained on the site should be construed as medical advice and/or treatment. No physician/patient relationship is created between Independence Blue Cross and you by reason of your use of the site or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.
3. NO LEGAL ADVICE
Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is created between Independence Blue Cross and you by reason of your use of this Site or under any circumstances. If you have questions about any law, statute, regulation, or requirement referenced in this site, you should contact your own legal counsel.
4. DESCRIPTION OF THE PORTALS
Independence Blue Cross currently provides certain users with access to information such as individual and group health insurance benefits, enrollment, network providers, and claims information through its Member, Provider, Employer and Broker portals (collectively, the "portals"). The information is provided to employers, members, brokers and providers (as appropriate) as an accommodation and it is not intended to serve as formal notice or publication. You understand and agree that the site and the portals are provided "AS-IS" and that Independence Blue Cross, except as expressly required by law, assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any information on its site.
5. REGISTERING TO USE THE EMPLOYER OR MEMBER PORTAL
Given the nature of the transactions and confidential information available through the portals, Independence Blue Cross has created certain security procedures, including the use of passwords and user identification numbers, to assist in keeping your information confidential. By registering to use a portal and logging on with your password and user identification number, you agree to provide us with true, accurate, current and complete information about yourself as requested and to maintain and promptly update your information to keep it accurate, current and complete. Independence Blue Cross reserves the right to terminate your access to our site and/or to a portal at any time and for any reason.
6. PORTAL ACCOUNTS, PASSWORD AND SECURITY
You will receive a temporary password in the mail from Independence Blue Cross upon completing the registration process. You will be asked to change your password before you log on to the portal for which you registered. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You agree to immediately notify Independence Blue Cross of any unauthorized use of your password or other breach of security, and to exit from your account at the end of each session. Independence Blue Cross cannot and will not be liable for any losses or damages arising from your failure to comply with this Section. Except where expressly authorized by law, you certify that you are not using another person's password or user identification to access a 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 a portal.
8. HOLD HARMLESS
You agree to release and hold Independence Blue Cross and its subsidiaries and affiliates, and all of their directors, officers, agents, principals or other partners, and employees, harmless from any claims, demands, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site or a portal, your violation of these Terms and Conditions, and/or your violation of law.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Independence Blue Cross may establish general practices and limits concerning use of its site and the portals. You acknowledge that Independence Blue Cross reserves the right to terminate access to a portal for any reason, including, but not limited to those accounts that are inactive for an extended period of time. You further acknowledge that Independence Blue Cross reserves the right to change its general practices at any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO IBX.COM OR THE PORTALS
Independence Blue Cross reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its site or the portals (or any part thereof) with or without notice. You agree that Independence Blue Cross will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or the portals.
You agree that Independence Blue Cross, in its sole discretion, may terminate your password, user identification (or any part thereof) or use of the site or a portal for any reason, including, without limitation, for lack of use or if Independence Blue Cross believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. You agree that any termination of your access to the site and/or a portal under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Independence Blue Cross may immediately deactivate or delete your password and user identification and any electronic access to information in your account and/or bar any further access to such files or the site and/or portal. Further, you agree that Independence Blue Cross shall not be liable to you or any third party for any termination of your access to the site and/or portal.
13. COMMUNICATIONS WITH OUR SITE
Independence Blue Cross welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material or other content (collectively, the "Materials"), to Independence Blue Cross you automatically grant Independence Blue Cross the royalty-free, perpetual, irrevocable non-exclusive right and license to use, reproduce, modify adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such materials (in whole or in part) worldwide and/or to incorporate it in to other works in any form or media now known or later developed. Further, Independence Blue Cross is free to use any ideas, concepts know-how, techniques, and suggestions contained in any communications you send through the site for any purpose, including but not limited to creating and marketing products and/or services using such information.
14. INDEPENDENCE BLUE CROSS' PROPRIETARY RIGHTS
You acknowledge and agree that the site and/or the portals, and any necessary software used in connection with the site and portals, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content (including images, text and the "look and feel" attributes) presented to you through the site and/or portals is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by Independence Blue Cross in writing, you agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the site and/or the portals, in whole or in part. Independence Blue Cross grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the site and/or the portals. You agree not to access the site and/or the portals by any means other than through the interface that is provided by Independence Blue Cross.
15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE AND/OR THE PORTALS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDEPENDENCE BLUE CROSS 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.
b. INDEPENDENCE BLUE CROSS MAKES NO WARRANTY THAT (i) THE SITE AND/OR PORTAL WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND/OR portal WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR PORTAL WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR THE PORTALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDEPENDENCE BLUE CROSS OR THROUGH OR FROM THE SITE AND/OR THE PORTALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDEPENDENCE BLUE CROSS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INDEPENDENCE BLUE CROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR PORTAL; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR THE PORTALS; OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE PORTALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
Independence Blue Cross may notify you regarding the use of the site and/or a portal via either e-mail or regular mail. The site and/or the portals may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the site or the portals.
18. TRADEMARK INFORMATION
All trademarks, servicemarks and logos are proprietary to Independence Blue Cross or the Blue Cross Blue Shield Association. Use or misuse of these trademarks is expressly prohibited and may violate federal and/or state trademark law. Without Independence Blue Cross' prior written permission, you agree not to display or use in any manner, the trademarks, servicemarks and logos found on the site and the portals. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site and/or a portal. Independence Blue Cross enforces its intellectual property rights to the fullest extent of the law.
19. GENERAL INFORMATION
The Terms and Conditions (including this Legal Information Statement) constitute the entire agreement between you and Independence Blue Cross and govern your use of the site and/or the portals, superseding any prior agreements between you and Independence Blue Cross. You also may be subject to additional terms and conditions that may apply when you use affiliated sites or software. The Terms and Conditions and the relationship between you and Independence Blue Cross will be governed by the laws of the Commonwealth of Pennsylvania, without reference to its choice of law rules. You and Independence Blue Cross agree to submit to the personal and exclusive jurisdiction of the courts located within Philadelphia, Pennsylvania. The failure of Independence Blue Cross to exercise or enforce any right or provision of the Terms and Conditions does not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site and/or the portal or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms and Conditions to: firstname.lastname@example.org.
© 2013 Independence Blue Cross.