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TERMS AND CONDITIONS FOR INDIVIDUAL CUSTOMER (MEMBER) ONLINE TRANSACTIONS myBlueCross (Service) is a Web-based service offered by Blue Cross and Blue Shield of Alabama for the sole intention of allowing individual customers online access to services and information provided by Blue Cross and Blue Shield of Alabama. Please read these terms and conditions (Terms) carefully so that you fully understand your rights and responsibilities as a user of myBlueCross. This Agreement is a contract between you and Blue Cross and Blue Shield of Alabama, and you should read this Agreement carefully and keep it with your other records for future reference. By using or allowing others to use the Service, you agree to abide by and be bound by the Terms. Blue Cross and Blue Shield of Alabama reserves the right to change these Terms from time to time by posting a copy of modified Terms on this site or by otherwise notifying you. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service and/or related written material and limit access to the Service's most recent revisions and updates. REGISTRATION In order to access the Service, you must register as a member of the Service. We ask that you supply us with some basic identification information (Your Information) during the registration process and occasionally at other times while you are using the Service. Your Information includes, but is not limited to, your Social Security number, date of birth, name, e-mail address and group number. We collect Your Information only as needed to provide the Service. Your Information will be subject to our security/privacy principles set forth below. We will not use Your Information for any reason beyond identification or allow it to be viewed by any third party, with the exception of third parties with whom Blue Cross and Blue Shield of Alabama has contracted to provide the Service. We will require that all such third parties adhere to our privacy principles set forth herein. You will create your own unique login name and password to access the Service. You agree that use of your login name and password is the agreed security procedure to access the Service, and you agree not to give or make available your login name or password to any unauthorized individuals. If you believe that your password has been lost or stolen, or that someone may attempt to use your login name or password to access the Service without your consent you must notify us at once by: Telephoning us at the telephone number on the back of your ID card, or writing us at: Blue Cross and Blue Shield of Alabama 450 Riverchase Parkway East P. O. Box 995 Birmingham, Al 35298-0001 Attention: Information Security SECURITY/PRIVACY We have created this security/privacy statement to demonstrate our firm commitment to protecting your privacy. The site includes security/privacy measures to protect against the loss, misuse and alteration of Your Information and information and date you access as a part of the Service (BCBS Information). Your login name and password will be used by our system only to identify you as a member of the Service and allow you access to user functions. Every effort is made to ensure Your Information and BCBS Information is protected by encryption technology. In order to take advantage of the security/privacy measures in place, we recommend that you use a 128-bit extra security browser to access the Service. If you do not currently use a 128-bit extra security browser, you may download Netscape Navigator (4.0 or higher) or Microsoft Explorer (4.0 or higher) from the Internet. Be sure to select 128-bit encryption. If you are using America Online (AOL), please check with member services to download the 128-bit AOL browser. We will use your Internet Protocol (IP) address to help diagnose problems with our server, and to administer this web site. Your IP address is also used to gather broad demographic information, that does not identify any individual user, for general study of Blue Cross and Blue Shield of Alabama Web usage. PROPRIETARY INFORMATION COPYRIGHT Blue Cross and Blue Shield of Alabama is the owner of all BCBS Information and all other information, content and materials on this web site. Copyright and other privacy laws protect all BCBS Information, and all other information, content and materials offered on this web site and through the Service. You may not copy or distribute any of the BCBS Information, other information, content or materials without Blue Cross and Blue Shield of Alabama's prior written consent. Provided, however, to the extent printing and copying is the primary function of a part of the Service, for example, the "Forms and Materials" portion of the Service, you may download, copy and use the material, but only for personal, non-commercial use. You may not modify any such materials, and you must ensure that all copyright and other proprietary notices contained in the materials remain on the materials. ACCESS AND VALIDITY Blue Cross and Blue Shield of Alabama will not be liable for errors or omissions in the BCBS Information or for lack of access to the Service resulting from a cause over which we do not have direct control, including but not limited to, failure of electronic and mechanical equipment, communication and telephone lines access, computer viruses, unauthorized access, theft, weather and other natural disasters. We will endeavor, without implied guarantee, to keep the materials and information on this Service as correct and current as possible. We will also endeavor to ensure information contained on our files is current and matches the latest information supplied by your group. CANCELLATION In the event you wish to cancel your membership to the Service, you must notify our Customer Service department or unsubscribe on our web site. Blue Cross and Blue Shield of Alabama reserves the right, at its sole discretion, to terminate the Service or cancel your access to myBlueCross. In such cases, Blue Cross and Blue Shield of Alabama will notify you through the e-mail, phone number or mailing address you provided us. INDEMNIFICATION You agree to indemnify, defend and hold harmless Blue Cross and Blue Shield of Alabama, its officers, directors, employees, licensors, suppliers and any third-party contractors for this Service, from and against all losses, expenses, damages and costs, including reasonable attorney's fees and expenses, resulting from any violation of the Terms or any activity related to your contract or account (including negligent or wrongful conduct) by you or any other person accessing your contract or account using the Service. EXCLUSION OF WARRANTIES LIMITATION OF LIABILITY BLUE CROSS AND BLUE SHIELD OF ALABAMA MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING THE SERVICE, BCBS INFORMATION, MATERIALS AND RELATED DOCUMENTATION, YOUR PERSONAL COMPUTER (PC) OR RELATED EQUIPMENT, OR ANY SOFTWARE YOU ELECT TO USE IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BCBS INFORMATION, MATERIALS AND SERVICE ARE PROVIDED "AS IS," AND BLUE CROSS AND BLUE SHIELD OF ALABAMA SHALL NOT BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST BENEFITS OR REVENUES FROM THE USE OF THE BCBS INFORMATION, SERVICE, MATERIALS OR OTHER RELATED DOCUMENTATION. VIRUS PROTECTION We are not responsible for any computer virus or related problems that may be associated with the use of an on-line system. We recommend that you routinely scan your PC and diskettes using a reliable virus detection product to remove any viruses found. ELECTRONIC MESSAGING (E-MAIL) The Service provides you with the ability to send and receive messages to and from us by e-mail. E-mail is not a secure method of communication over the Internet, and we recommend that you do not send confidential or privileged information by e-mail. Please remember that an electronic message sent by you will not be immediately received by us. If you need to contact us immediately, please refer to the paragraph titled "Registration" for our phone numbers and address. No action will be made on any e-mail message you send to us until we actually receive your message and have a reasonable opportunity to act on it. MISCELLANEOUS Assignment. You may not assign this Agreement to any other party. We, directly or indirectly, may assign this Agreement to any future affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. You agree to look solely to Blue Cross and Blue Shield of Alabama for any claims you have arising from the Service. No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized employees. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any of our rights or remedies on future occasions. Change of Terms. This Agreement and all materials and documentation relating to your use of the Service may be changed from time to time, but we will provide you with advance notice of such changes to the extent required by applicable law. We may send notice to you via electronic messaging, and you will be deemed to have received it three days after it is sent, whether or not you have retrieved it by that time. If you do not agree to the change or amendment, you must discontinue use of the Service to which the change or amendment relates, or cancel your access to the Service. By using the Service after any change or amendment, you agree to that change or amendment. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to come within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. Dispute Resolution; Arbitration. Any controversy, dispute, or claim by either party arising out of or related in any way to this Agreement (collectively, "Disputes") shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. 1, et seq. The arbitrator(s) are vested with the power to determine in the first instance which Disputes are arbitrable. Notwithstanding the foregoing, the parties expressly acknowledge that a remedy at law alone may be inadequate to protect the privacy interests and intellectual property rights of a party, and accordingly, each party is expressly authorized to seek immediate, injunctive relief in Court on alleged privacy and intellectual property right violations pending resolution of those claims in arbitration. Such arbitration shall be governed by the rules and provisions of the American Arbitration Association's Commercial Arbitration Rules (the "Rules"). The parties further understand that the arbitration results shall be binding upon both parts and that it may not by set aside in later litigation except upon the limited circumstances set forth in the Federal Arbitration Act. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. The arbitration expenses shall be borne by the losing party or in such proportion as the arbitrator(s) shall decide. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law provisions, except as pre-empted or superseded by federal law, which the parties agree governs the requirement to arbitrate all disputes and claims. By using the Service you agree to subject yourself to the jurisdiction of the state and federal courts of the State of Alabama.
