1.1 You and any family members registered under your account shall be bound by the terms and conditions in this Agreement. Access to the Products and the International Provider Search feature excluding claims and claims history is protected through the alpha prefix provided by your Blue Cross and Blue Shield company ("BCBS Company"). Access to claims and claims history is protected by the username and password you may create after accessing the Products. You acknowledge, agree, and warrant that you will provide access to your alpha prefix or username and password only to your spouse and/or dependents and only to the extent that they also have coverage under your BCBS Plan, and you agree that any user of your alpha prefix or username and password is bound by the terms set forth in this Agreement.
2.1 WIS reserves the right, in its sole discretion, to terminate your access to all or part of the Products, with or without notice. An example of activity that may lead to a termination of your use of the Products include your breach of any of the terms and conditions of this Agreement.
3.1 Material accessed or obtained through the Products is provided for informational purposes only. Inclusion of information on the Products does not imply any medical advice, benefits, coverage, claims, insurance advice, recommendation or warranty. All information on these Products comes from WIS and/or third-parties and their employees and is solely intended to provide information regarding WIS, the third-parties and the services they provide. Information provided on the Products is not a substitute for the advice of an appropriate medical professional or healthcare provider. While WIS facilitates relationships with healthcare providers and pharmacies (“Providers”), WIS, BCBSA, and BCBS Companies (“Companies”) assume no liability for any medical advice, consultation or services furnished by such Providers.
3.2 The Companies do not recommend or endorse any specific services or other information that may be mentioned on the Products. The Companies do not endorse any Providers, nor do they assume liability for facilitating provider-patient relationships with such Providers. Reliance on any information provided by the Companies, their employees or otherwise appearing on the Products is solely at your own risk.
3.3 While all attempts will be made to keep this site current, information may become outdated over time, or superseded by subsequent disclosure. The Products could also include technical or other inaccuracies or typographical errors. The Companies assume no liability for the accuracy or completeness of, nor any liability to update, the information contained on the Products. Changes may be periodically added to the information and these changes will be incorporated in new editions of the Products.
4.1 WIS retains all copyright and other proprietary rights in the contents of the Products (the “Content”) other than the third-party copyrighted content. Elements of the Products are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of WIS or any third party, other than the license identified in Section 6 of this Agreement. Certain portions of the Products contain information supplied and updated by third parties, or include links to third-party sites. WIS is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
4.2 WIS claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of WIS should be inferred from their use. You are not permitted to use the trademarks displayed on the Products without the prior written consent of WIS or the third party that may own the trademarks.
4.3 No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without WIS’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on the Products or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
4.4 Additionally, you represent and warrant that (i) you are not located in a country that is subject to any U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the Office of Foreign Assets Control (OFAC) list.
5.1 The Products may contain links to other websites for your convenience in locating information and services that may be of interest. The Companies expressly disclaim any responsibility for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by the Companies. Inclusion of any linked website on or through the Products does not imply approval or endorsement of the linked website by the Companies. If you decide to leave the Products and access these third-party websites, you do so at your own risk.
6.1 WIS provides the Licensed Application and licenses its use solely pursuant to the terms stated below:
(a) You are granted a non-transferable, non-sub licensable, limited license to use the Licensed Application under the terms stated in this Agreement solely for your individual use, which may be personal, business or professional in nature. Title and ownership of the Licensed Application and of all copyright and other proprietary rights in the Content of the Licensed Application remain with WIS. WIS reserves all rights not expressly granted to you;
(b) The Licensed Application may be used by you on any authorized devices, which you own or control and for which the Licensed Application is designed to operate;
(c) You may not make copies, translations or modifications of or to the Licensed Application (or any Content therein). You may not alter, obscure or remove the copyright notice on any copy of the Licensed Application. You may not reverse-engineer, disassemble or decompile the Licensed Application (or any content therein) or otherwise attempt to discover the source code or structural framework of the Licensed Application (or any content therein);
(d) You may not assign, sell, distribute, lease, rent, sublicense or transfer the Licensed Application (or any Content therein) or this license or disclose the Licensed Application (or any content therein) to any other person. You may not make the Licensed Application (or any content therein) available over a network where it could be used by multiple devices at the same time; and
(e) WIS may terminate the license granted hereunder at any time. The license granted hereunder automatically terminates if you fail to comply with any provision of this Agreement. You agree upon termination to destroy the Licensed Application, together with all copies, modifications and merged portions in any form, including any copy on any devices that you own or control.
(f) You shall not disclose or use any Confidential Information except as expressly permitted under this Agreement. You shall hold all Confidential Information in confidence during the term of this Agreement and for a period of three (3) years after the termination of this Agreement. You shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed to third parties who are not subject in writing to the confidentiality obligations of this Section. "Confidential Information" shall mean this Agreement, all Licensed Application, data, drawings, benchmark tests, specifications, trade secrets, object code and source code of the Licensed Application, and any other proprietary information supplied to you by WIS, including all items defined as "confidential information" by WIS.
(g) You may not assign or sublicense any of your rights or delegate any of your obligations under this Agreement without the prior written consent of WIS. Any such assignment or sublicense shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
7.1 The Companies, their affiliates and any of their directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Products (or a website linked to the Products), or any other cause and even if caused by negligence or if the Companies have been apprised of the likelihood of such damages occurring.
7.2 The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.
8.1 YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANIES DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. THE COMPANIES EXPRESSLY DISCLAIM 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.
8.2 THE COMPANIES MAKE NO WARRANTY THAT (1) THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PRODUCTS WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIS OR THROUGH OR FROM THE PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8.5 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 MAY NOT APPLY TO YOU.
10.1 By accepting this Agreement, you agree to defend, indemnify and otherwise hold harmless the Companies and their officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the Products.
11.1 The Products (excluding linked sites) are controlled by WIS from its offices in the Commonwealth of Pennsylvania in the United States. By accessing the Products, you and WIS agree that all matters relating to your access to, or use of, the Products shall be governed by the statutes and laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. You and WIS also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Pennsylvania with respect to such matters. WIS makes no representation that materials on the Products are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.
13.1 You agree that WIS may communicate with you under this Agreement by means of e-mail, telephone call, a general notice posted on the Products, or by written communication delivered by first-class U.S. mail to the address that you have provided to WIS. Once you opt-in to receive e-mails and telephone calls from WIS, and unless and until you elect or elected to opt-out of receiving e-mails or telephone calls from us, for contractual purposes, you: a) consent to receive communications from WIS via electronic means and/or telephone calls; and b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we may provide to you whether electronically or via telephone calls, satisfy any legal requirements that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may revoke your authorization for us to send you e-mails and/or contact you via telephone concerning the WIS Products and other matters pertaining to this Agreement, at any time by sending your request in writing specifying what you want to do to WIS at any time via e-mail or by letter delivered by first-class postage prepared U.S. mail or overnight courier to the following address:
100 Matsonford Road
One Radnor Corporate Center, Suite 100
Radnor, PA 19087
14.1 The provisions of this Agreement entitled "Limitation of Liability," "Disclaimer of Warranties," "Indemnification," "Jurisdiction" and "General Provisions" will survive the termination of this Agreement.
15.2 The provisions of this Agreement are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
15.3 A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to use of the Products to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15.4 The section titles of this Agreement are displayed for convenience only and have no legal effect.
15.5 Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
15.6 Use of the term "Products" also includes use of the Website or the Licensed Application individually.
If you have any questions or comments or receive any unwanted e-mail from the Website, please contact our Webmaster via e-mail at firstname.lastname@example.org.
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