These Terms of Service set forth the terms that govern the use of the website BlueCrossHealthyPlaces.com (the “Site”) offered by the BlueCross BlueShield of Tennessee Foundation (the “Foundation”).
A. THE SITE
You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to access and use the Site, or you must have the permission of your parent or guardian who must agree to these terms on your behalf. If you are using or registering an Account (as defined below) on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and that you agree to be bound by these Terms on behalf of such Subscribing Organization.
3. Additional Terms.
The use of the Site is subject to all additional terms, policies, rules, or guidelines that the Foundation may post on or link to the Site from time to time (the “Additional Terms”), including rules that are applicable to a particular feature of the Site. Unless otherwise noted, all Additional Terms are incorporated into these Terms by reference.
B. APPLYING FOR BLUECROSS HEALTHY SPACE
C. USE OF THE SITE – PERMISSIONS AND RESTRICTIONS
1. Site Access.
You may not: (i) download, copy, distribute, publish, sell, license, publicly display, or otherwise exploit any portion of the Site in any medium; (ii) modify, edit, adapt, or create derivative works from any part of the Site; or (iii) use the Site in any way not authorized by the Terms or for any purpose that is unlawful. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site or any part thereof.
2. Ownership; Proprietary Rights.
As between the parties, the Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site are owned and operated by the Foundation and/or its licensors. The Foundation reserves all rights not expressly granted in these Terms. All trademarks, service marks, and trade names are proprietary to the Foundation, BlueCross BlueShield of Tennessee, Inc. or the Blue Cross and Blue Shield Association and/or its licensors and may not be exploited without the express permission of the owner of such marks.
D. YOUR RELATIONSHIP WITH THIRD PARTIES
The Site may contain links to third-party websites or may provide third-party materials, media, content, software, services, or applications on the Site (the “Third-Party Materials”). The Foundation has no control over such Third-Party Materials, and makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Third-Party Materials. The Foundation provides links or Third-Party Materials only as a convenience, and the inclusion of any link or Third-Party Materials on the Site does not imply the Foundation’s affiliation, endorsement or adoption thereof. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third-Party Materials.
E. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS, AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING. THE SITE AND ANY THIRD-PARTY MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE FOUNDATION DOES NOT WARRANT THAT THE SITE OR ANY THIRD-PARTY MATERIALS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR AVAILABLE FOR USE.
F. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORTS, OR STRICT LIABILITY, SHALL THE FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, PARTNERS, CONTRACTORS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA OR USE, OR COST OF COVER) ARISING OUT OF OR RELATING TO: (I) THESE TERMS; (II) THE SITE; (III) ANY THIRD-PARTY MATERIALS; OR (IV) ANY OTHER INTERACTIONS WITH THE FOUNDATION, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES.
IF THE FOREGOING IS UNENFORCEABLE, OR ANY PROCEEDING IS PERMITTED UNDER THESE TERMS, THE AGGREGATE LIABILITY OF THE FOUNDATION TO YOU FOR ALL CLAIMS HEREUNDER OR ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1000.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
You shall indemnify and hold harmless the Foundation, its officers, directors, employees, agents, affiliates, licensors, partners, contractors, suppliers, and subcontractors from any and all claims, actions, suits, proceedings, losses, obligations, damages, liabilities, costs, debts, and expenses (including attorneys’ fees) arising out of (i) your use or misuse of the Site; (ii) your violation of these Terms; and (iii) any unauthorized use of your Account.
The Foundation reserves the right, at the Foundation’s sole discretion and at any time without notice, to change, modify, add, or remove portions of the Terms or to modify, add or discontinue any aspect, content or feature of the Site, including access to your Account. Please check these Terms periodically for changes. Modifications are effective upon your continued use of the Site.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of the Foundation. Any assignment attempt in violation of these Terms shall be null and void. No joint venture, partnership, employment, or agency relationship exists between you and the Foundation as a result of these Terms or use of the Site. All provisions which logically should survive these Terms shall survive the expiration or termination of these Terms. No waiver of any provision or any right granted hereunder shall be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. This is the entire agreement between you and the Foundation relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by the Foundation as set forth in these Terms.