User Agreement
Effective Date: June 30, 2021
This User Agreement (“Agreement”) is entered into by and between BlueCross BlueShield of Tennessee, Inc. (“BCBST”) and you, the user (“you”, “your”, or “user”), and governs your use of BCBST.com, the BCBSTNSM mobile application, the broker portal, and the employer portal, and any related BCBST web-based services (collectively, the “Services”).
BY CLICKING “I ACCEPT” OR BY USING ANY OF THE SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS THE SERVICES.
The Services Do Not Provide Medical Advice.
The Services are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through the Services.
If you think you may have a medical emergency, call your doctor or 911 immediately.
1. License.
BCBST hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the Services subject to the terms of this Agreement. All other rights are reserved.
2. Access.
Certain restricted sections of the Services will be accessible only to you or to persons you have identified to BCBST. All Information (defined below) about users provided to BCBST must be current, accurate, and complete. If BCBST at any time discovers any error or omission in the Information that you provide, BCBST may, at its option, terminate the right to access and use the password protected sections of the Services. You are responsible for your acts or omissions and the acts or omissions of any person that accesses the Services on your behalf, and for any damages incurred by you or such persons as a result thereof. You may be asked to accept additional terms and conditions prior to enrolling in or using certain restricted services offered through the Services.
3. Information and Third-Party Providers.
The term “Information” shall mean all content, data and the related subscriptions, products, services and information obtained through the Services including that which is provided by third-parties. BCBST may display or otherwise use information, products, goods, or services offered by third-party providers and may point or provide links from the Services to sites maintained by third parties that may be of interest to you. BCBST provides such linking functions only as a convenience to you. BCBST does not guarantee that a link will be provided to enable every user to reach their intended party(ies) including, but not limited to physician offices and health plan benefit offices. Although BCBST facilitates services and the use of Information from third-party providers, BCBST expressly disclaims any and all liability for the Information provided by and actions of third parties.
4. Ownership.
The Information found on the Services is the property of BCBST or its licensors, and most Information is copyrighted material. The logos, page headers, custom graphics, buttons, and other icons contain or are proprietary service marks, trademarks, or service marks of BCBST (collectively, “Trademarks”). Nothing in this Agreement shall be construed as transferring or assigning any ownership rights to you or any other person or entity in the Information or Trademarks.
5. Restrictions.
Except as expressly authorized by this User Agreement, only personal use of the Information is permitted, which means that you may access, download or print such Information for your personal, non-commercial use only. You will not change or delete any copyright or proprietary notice from Information downloaded from the Services, create compilations or derivative works of any Information, or use the Services or Information in any manner that may infringe any copyright or intellectual property right. You may not copy, republish, display, resell, redistribute, broadcast or transmit, rent, lease, loan, or otherwise transfer the Information or Trademarks or use the Information in a searchable, machine-readable database or file. You will use the Services and the Information for lawful purposes only. You will not post or transmit any information through the Services which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You may only access the Services in a manner that complies with all applicable laws.
Nothing in this section is intended to restrict or prohibit you from using member health information that is accessible through the Services.
6. Submissions.
If you send BCBST suggestions, ideas, notes, computer programs, data, drawings, concepts or other Information of any kind (collectively, “Ideas”), the Ideas shall be licensed to BCBST as set forth below. Except as set forth in BCBST’s Privacy Policy, none of the Ideas shall be subject to any obligation of confidence on the part of BCBST, and BCBST shall not be liable for any use or disclosure of any Ideas. Without limitation of the foregoing, BCBST shall be entitled to unrestricted use, not inconsistent with BCBST’s Privacy Policy, of the Ideas for any purpose whatsoever, without compensation to the provider of the Ideas. Unless otherwise provided, you hereby grant to BCBST a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any Idea and to incorporate it in other works in any form, media, or technology now known or later developed, except to the extent any of the foregoing would be inconsistent with BCBST’s Privacy Policy.
7. Restricted Areas of the Services.
Certain features of the Services, including portions of bcbst.com, BCBSTN Mobile App, the broker portal, and the employer portal, require you to register before you can use the Services. You are responsible for any breach of security caused by your failure to maintain the confidentiality of any account credentials. You will notify BCBST immediately in the event of loss or theft of your account credentials, or if you believe the confidentiality of your account credentials has been compromised in any way, or in the event of your learning about a possible or actual unauthorized use of any of the Services, including your account. Notice of unauthorized use will not relieve you of responsibility for activities that occur as a result of unauthorized use or access of your account credentials. You may be required to agree to additional terms to use certain features of the Services.
8. Representations and Warranties.
As a condition of your use of the Services, you represent and warrant:
a. You are at least the age of legal majority where you live (which is currently eighteen (18) years old in most states), an emancipated minor under Tennessee state law, or you are at least thirteen (13) years old and have the permission of your parent or guardian who must agree to these terms on your behalf. If you have agreed to allow your unemancipated minor child or a minor child for whom you are legal guardian age thirteen (13) or over (a “Mature Minor”) to access the Services or Information (as defined below) offered through the Services, you agree that you shall be solely responsible for: (a) the conduct of such Mature Minor; (b) monitoring such Mature Minor’s access to and use of the Services; and (c) the consequences of any use of the Services by such Mature Minor.
b. If you are creating a bcbst.com account and using any of the Services in connection with your bcbst.com account credentials, you are either a current or former enrolled member of a plan offered by BCBST or are the personal representative of such a member. If you are a personal representative of the member, you represent and warrant that you have the requisite legal right and authority under applicable law to use the Services, including but not limited to access and authorize the disclosure of member health information (including sensitive health information) to third parties. You agree to terminate your use of the Services immediately if, at any time, you lose your authority to act as the personal representative of the member, and to notify BCBST immediately of this change in status. You understand and acknowledge that BCBST will immediately suspend or terminate your bcbst.com account and all related Services associated with your bcbst.com account if BCBST learns that you do not have this authority.
c. If you are creating a broker or employer account and using any of the Services in connection with such account credentials, you are authorized to agree to these terms on behalf of the broker or employer. You represent and warrant that you have the requisite legal right and authority under applicable law to use the Services, including but not limited to use and disclose the member health information (including sensitive health information) found within the Services. You agree to terminate your use of the Services immediately if, at any time, you lose your authority to access the information found in the Services, and to notify BCBST immediately of this change in status. You understand and acknowledge that BCBST will immediately suspend or terminate your account and all related Services associated with your account if BCBST learns that you do not have this authority.
d. You will use the Services in accordance with this Agreement and comply with any laws that apply to you.
e. It is your responsibility to protect your personal information, health information and your account credentials by keeping secret your password and other security information related to your account and taking other reasonable steps to protect your privacy and security.
f. You are responsible for any use of your account. BCBST will not be responsible for any loss or damage caused by someone else utilizing your credentials to gain access to the Services.
9. Your Health Applications.
a. Health plans offered by BCBST and regulated by the Centers for Medicare and Medicaid Services (CMS) will provide a health application (App) of your choosing with access to certain health information the covered BCBST health plan maintains about you at your direction, and with your approval, through a secure application programming interface (API) that uses a Fast Healthcare Interoperability Resource (FHIR). BCBST has created a FHIR API repository that contains the required health information about members and that is accessible to currently enrolled members in these CMS-regulated plans and their personal representatives. Visit BCBST’s member education health application page to learn more.
You may use your bcbst.com account credentials through your device to authorize App access. You acknowledge that BCBST is relying on you to not share your bcbst.com credentials with unauthorized third parties, and you agree not to hold BCBST responsible for any disclosure of health information made to an App through use of your bcbst.com account credentials. You also acknowledge and agree that BCBST may deny an App access to some or all of the member health information associated with your bcbst.com account under the following circumstances:
i. BCBST reasonably determines, in its sole discretion, that allowing an App to connect or remain connected would present an unacceptable level of risk to the security of protected health information on BCBST’s systems;
ii. If you are not the member or personal representative of the member; or
iii. If BCBST determines, in its sole discretion, that access cannot be provided in compliance with the health information privacy laws that may apply to BCBST and the current technical infrastructure that supports FHIR API access to member health information.
b. BCBST is not responsible for what a third-party App of your choosing does with your health information. BCBST does not collect information about an App’s privacy or security practices, and BCBST will not notify you of an App’s privacy or security practices. BCBST is required by law to comply with your request to provide access to the App of your choosing, even if the App fails to secure and protect your health information. It is up to you to pick an App that meets your privacy and security standards.
c. If you choose to approve App access and direct BCBST to disclose your health information a third-party App of your choosing, you acknowledge that:
i. The App might NOT be subject to federal health information privacy laws (like HIPAA);
ii. BCBST is relying on your representation and warranty as to your legal authority to authorize the disclosure of member health information (including sensitive health information) to the App;
iii. BCBST is NOT responsible for anything that happens to member health information after it is disclosed to the App;
iv. Some of the health information to be disclosed was NOT created by BCBST, and BCBST is NOT required to verify the accuracy of the health information before disclosing it to the App; and
v. BCBST is NOT responsible for the accuracy of the health information or whether the health information is current or complete.
10. Prohibited Conduct.
You are prohibited from doing any of the following in connection with the Services:
a. Using the Services for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
b. Misrepresenting your identity or authority, providing false information, impersonating another person or entity, or misrepresenting your relationship with a person or entity, or attempt to use another person’s account or account credentials;
c. Attempting to gain unauthorized access to the Services; or
d. Assisting a third-party in engaging in any of these prohibited activities
11. Links.
Websites for which BCBST provides direct links are separate websites independent of the Services, and they may not follow the same privacy guidelines. BCBST assumes no responsibility or control over the acts or the privacy policies of the third-party websites to which BCBST provides direct links. BCBST suggests that you contact the appropriate controlling authorities of these sites or review their privacy policies. You may not create a link to the Services without BCBST’s prior permission.
12. Changes to the Services.
BCBST reserves the right at any time and without notice to modify the Services. Such modifications may include, without limitation, changes in services, implementation of user priorities or rules, and discontinuance of functional aspects of the Services. BCBST may also add, withdraw or modify Information throughout the Services at any time in its sole discretion or cancel any link to a third-party website.
13. Monitoring.
You acknowledge that BCBST reserves the right to monitor any and all Information or transmissions sent or received through the Services. BCBST, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmissions or receipt of any Information or transmission which BCBST deems as inappropriate or as violating any term or condition of this Agreement. During monitoring, any such Information or transmission may be examined, recorded and copied to facilitate such monitoring. Use of personal information associated with monitoring the Services is subject to BCBST’s Privacy Policy.
BCBST reserves the right to investigate complaints or reported violations of this Agreement and to take any action BCBST deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
14. Equipment and Operation.
You shall provide and maintain all software, hardware, internet connection and other equipment and services necessary to access the Services, and the costs of any such equipment and/or connections or use, including any applicable taxes, shall be borne solely by you.
15. Termination and Suspension of Services.
a. Any violation of this Agreement by you may result in restricted, suspended or terminated access to, or use of, the Services. BCBST also reserves the right to:
i. Refuse to provide you with access to, or use of, the Services if BCBST determines that your access or use violates this Agreement;
ii. Terminate or deny you access to, or use of, all or part of the Services at any time if BCBST reasonably determines that your access to, or use of, the Services would present an unacceptable level of risk to the security of BCBST's systems or cause BCBST to violate any state or federal laws that apply to BCBST; and
iii. If permitted by applicable law, terminate your use of the Services at any time with or without cause as determined by BCBST in its sole discretion.
b. In the event that BCBST terminates or denies your access to, or use of, the Services, you may contact BCBST at bcbst.com/Contact-Us/ to appeal such termination or denial of Services.
c. You also acknowledge and agree that BCBST may deny App access to some or all of the member health information associated with your bcbst.com account if BCBST reasonably determines, in its sole discretion, that allowing an App to connect or remain connected to BCBST’s systems would present an unacceptable level of risk to the security of BCBST’s systems.
16. Disclaimer of Warranties.
YOU ACKNOWLEDGE THAT SOME OF THE INFORMATION AND SERVICES PROVIDED THROUGH THE SERVICES ORIGINATE FROM SOURCES WHICH ARE BEYOND THE CONTROL OF BCBST. YOU RECOGNIZE THAT INACCURACIES MAY OCCUR AND BCBST AND ITS LICENSORS AND THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY OR SUITABILITY OF THE INFORMATION OR SERVICES. YOU AGREE THAT THE INFORMATION AND SERVICES AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. BCBST AND ITS LICENSORS AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. BCBST DOES NOT WARRANT THAT THESE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT BCBST IS NOT RESPONSIBLE FOR, AND CANNOT BE HELD RESPONSIBLE FOR, THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY APP YOU CHOOSE TO CONNECT TO THROUGH USE OF YOUR BCBST.COM ACCOUNT CREDENTIALS.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND SERVICES AVAILABLE THROUGH THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE SERVICES DO NOT CONTAIN ALL HEALTH INFORMATION THAT MAY BE RELEVANT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT A MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTH CARE PROVIDER.
SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE DURATION OF EFFECTIVE WARRANTIES AND/OR THEIR DISCLAIMERS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Neither BCBST nor any of its licensors shall be liable for any loss or liability resulting from your inability to access the Services or delays or interruptions due to system failures, date-data processing failures, internet problems, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism or other like causes.
17. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BCBST OR ITS SUPPLIERS, VENDORS OR THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS), WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES OR ANY INFORMATION, INCLUDING WITHOUT LIMITATION ANY DELAY OR INABILITY TO USE THE SERVICES OR INFORMATION, PRODUCTS, MATERIALS OR OTHER RESOURCES PROVIDED THROUGH THE SERVICES; THE USE OF YOUR ACCOUNT OR ACCOUNT CREDENTIALS; OR ANY DISCLOSURE OF HEALTH INFORMATION TO AN APP MADE AT YOUR DIRECTION AND WITH YOUR APPROVAL, OR ANY UNAUTHORIZED ACCESS TO, OR USE, OR DISCLOSURE OF HEALTH INFORMATION THAT TAKES PLACE IN CONNECTION WITH YOUR ACCOUNT CREDENTIALS; WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
18. Indemnification.
YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BCBST, ITS LICENSORS, AND THIRD-PARTY PROVIDERS (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS, DAMAGES, LAWSUITS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RESULTING FROM ANY CLAIM BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR NEGLIGENT OR WRONGFUL ACCESS OR USE OF THE SERVICES (INCLUDING USE OF YOUR ACCOUNT OR ACCOUNT CREDENTIALS), AND THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH OR PROVIDED BY THE SERVICES OR YOUR POSTING OF ANY CONTENT ON THE SERVICES.
19. Privacy.
You hereby acknowledge having read and accept and agree to all terms and conditions of BCBST’s Privacy Policy, which are hereby incorporated in this Agreement.
20. No Conflicting Terms.
If there is any conflict between this Agreement and any other documents regarding the subject matter of this Agreement or the services, products or Information you access, acquire or receive through the Services, then the provisions of this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of BCBST.
21. Attorney’s Fees.
Should litigation, arbitration or other legal action arise from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable attorney’s fees and costs of litigation.
22. Governing Law; Venue.
This Agreement shall be governed by the laws of the State of Tennessee excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. Any such claim or cause of action may only be brought in the state or federal courts located in Chattanooga, Hamilton County, Tennessee and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.
23. Waiver.
BCBST’s failure to insist upon strict enforcement of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any such provision or right. Any waiver by BCBST of any right or provision herein shall only be by a writing signed by an authorized officer of BCBST.
24. Assignment.
You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of BCBST. Any assignment other than as provided for in this Section shall be null and void.
25. Severability.
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement.
26. Entire Agreement.
This agreement, along with BCBST’s Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter addressed herein, and no other agreement, written or oral, exists between you and BCBST in that regard.
27. Modification to this Agreement.
BCBST may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions. Accordingly, you agree to review the terms and conditions periodically, and your continued use of the Services shall be deemed your acceptance of the modified terms and conditions.
28. Child Online Protection Act Notification.
Pursuant to 47 U.S.C. Section 230 (d) as amended, BCBST hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online, available at https://www.consumer.ftc.gov/features/feature-0038-onguardonline. Please note that BCBST does not endorse any of the products or services offered at such site.
29. Notice and Procedure for Copyright Infringement Claim.
BCBST shall respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, which response may include removing or disabling access to Information claimed to be the subject of infringing activity or other claims. If you believe that your work has been copied in a way that constitutes copyright infringement, please advise BCBST at BlueCross BlueShield of Tennessee, Inc., ATTN: General Counsel, 1 Cameron Hill Circle, Chattanooga, TN 37402.
In your notice, please provide BCBST with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyright work that you claim has been infringed;
- A description of where the infringing material is located on the Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that BCBST may request additional information before removing any allegedly infringing material.
30. Contact Information
You may contact BCBST with questions concerning this Agreement by contacting BCBST via BCBST’s Contact Us page.