Please read these Terms and Conditions carefully.
Excellus BlueCross BlueShield, and its affiliates and subsidiaries (“Excellus,” “us” or “we”) have created the following Terms and Conditions of Use (“Terms and Conditions”) for when you visit our desktop and mobile website and applications (hereinafter collectively referred to as the “Websites”). By using our desktop and mobile websites and applications, you agree to the following Terms and Conditions. We may revise these terms at any time, so it is important for you to review them periodically. The downloading and use of our mobile application are also subject to the terms and conditions of the online stores from which it is downloaded.
- General Conditions
The Terms and Conditions constitute a legally binding agreement between you and Excellus. The Terms and Conditions govern any and all use of the Websites, any and all users, including without limitation, users who are browsers, visitors, vendors, customers, members, merchants, contributors of content and all others who access or use the Websites, and any and all Services rendered by us. If you do not agree to all of the Terms and Conditions, then you must not use the Websites, or any Services offered or accessed through the Websites. If you violate the Terms and Conditions, we reserve the right to deny you access to the Websites, together with any and all other legal remedies.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
- Non-Exclusive, Non-Transferable License to Use Our Websites
We grant you a limited, revocable, non-exclusive, non-transferable license to review, and in some instances print, content on the Websites for your personal, business, and/or educational purposes as long as they do not violate any aspect of these Terms and Conditions or applicable law, including our intellectual property or the intellectual property rights of another party. Any reproduction, distribution, republication or retransmission of any materials posted on our sites or applications in whole or part for any reason except personal use is prohibited without the prior written permission of Excellus. We reserve the right to terminate or limit your access to the Websites and/or the licenses granted herein for any reason and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades.
We (and our licensors) remain the sole owner of all rights, title, and interest in the Services.
- Scope of Use of Our Websites and Applications
The purpose of our desktop and mobile Websites and applications are to provide information to Excellus members about Excellus products and services and health care in general, and for some members, to allow you to pay your health care premiums. The payment service is offered to you though a contract with our third-party payment service vendor. Through this service you may be able to pay your premiums using your existing financial accounts (e.g., via echeck or by using your credit or debit card). By using the payment service to pay your premiums, you authorize the payment service vendor to process payment transactions initiated by you through the payment service using the financial accounts that you designate. You agree that you are fully responsible for any such transaction and agree to only use such financial accounts where you are an authorized user on the financial account. You authorize our payment service vendor to make any debit, withdrawals, charges or transfers from your financial account in the amount you request.
In no event will we or our payment service vendor be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of the premium payment service. When using the premium payment service, your entered payment method information will be protected by our payment service vendor.
The information contained on our sites and applications is not intended to be used in place of doctor’s advice. You should see a health care professional if you have a specific health care concern and prior to beginning any exercise program. If you are experiencing a medical emergency, call 911 immediately or contact your local emergency services.
- Appropriate Use of Our Websites and Applications
Once registered, you should not share your User ID or Password with anyone. By accessing or registering with the member account system through our Websites or applications, you are representing that you are the member, or you are legally authorized to act on behalf of the member, and you agree not to impersonate or falsely claim to represent any other person. Any individual who provides false information, attempts to pose as or impersonate someone else, or otherwise defrauds Excellus may be subject to civil and criminal penalties and legal action.
- Copyrights and Trademark
All content on the desktop and mobile Websites and applications, including but not limited to design, artwork, hyperlinks, text, software, video, images, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either copyrighted by Excellus, are the proprietary property of Excellus, or Excellus has an independent license to the product or service. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Materials for uses that are not competitive with or derogatory to Excellus, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time by Excellus and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the Websites, including but not limited to user and member identities.
All trademarks on the Websites are trademarks or registered trademarks of Excellus, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Excellus, or its owners. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and carefully before accessing or using the Websites or the features contained within the Websites, such as accessing the Websites themselves, using online forms or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
- Service Limitations
The descriptions of products and services on the Websites and applications are not intended to constitute offers to sell or solicitations in connection with any product or service. All products and services are not available in all areas or to all parties and are subject to applicable laws and regulations. If you are interested in a particular product or service, you should contact us to request a complete description of the product or service, as well as information regarding its availability.
- children's Information
The Website is not intended for children under the age of eighteen (18). Minors who are enrolled in our insurance plans are only permitted to access the Website with a legal guardian. We will not knowingly collect or use any Information regarding a user under the age of eighteen (18) without the consent of a parent or legal guardian. If you believe that we have unintentionally collected Information about those under the age of eighteen (18), please contact us at our Web Security Help Desk.
- Personal Information, Privacy, and Cookies
- Links to Other Websites
The Websites might include links to other websites. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
- Prohibited Uses
- Accuracy, Completeness &Timeliness of Information
- Errors, Inaccuracies & Omissions
The Websites may contain typographical errors, inaccuracies, or omissions that may relate to Excellus products, offerings, promotions, packages, programs, events, and materials. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information on the Websites or in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, services, except as required by law.
No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
- Links to the Websites
You may not create a link to any page of the Websites without our prior written consent. If you do create a link to a page of the Websites, you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Websites by linking to it.
- Links from the Websites
We do not monitor or review the content of other party’s websites or mobile apps that are linked to our desktop and mobile applications and Websites. Opinions expressed or material appearing on such websites or apps are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these websites and apps. We encourage our users to be aware when they leave our Websites and to read the privacy statements of these websites and apps. You should evaluate the security and trustworthiness of any other website and app connected to the Websites or accessed through the Websites yourself, before disclosing any personal information to them. Excellus will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
- Errors, Inaccuracies & Omissions
The information on the Websites are provided on an “as is” basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Websites, or the Services, will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Websites and Services for indefinite periods of time or cancel them at any time without notice to you. To the fullest extent permitted by law, Excellus excludes all representations and warranties relating to the Websites and its contents and Services for which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Websites and/or Excellus’ literature.
Excellus shall have no duty to update or keep current our Websites and applications and disclaim any responsibility for the content or accuracy of the information contained on them. To the extent permitted by law, Excellus will not be liable to you or anyone else for (1) any decision made or action taken by you or anyone else in reliance on materials or information obtained or downloaded from our Websites or applications, or (2) any direct, indirect, consequential, incidental, special, or similar damages arising out of or related to the use of, delay in being able to use, or inability to use our Websites or applications, the materials, products and Services they provide, or any other hyperlinked website, third party application, or third party product or service, even if Excellus is advised of the possibility of such damages. Certain states do not allow the limitation or exclusion of liability, so some or all of the above limitations and exclusions may not apply to you.
In no case shall Excellus, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, damage caused to your computer, computer software, systems and programs and the data thereon, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise arising from your use of the Websites or Services or in any way related to the Websites and Services, including but not limited to any errors or omissions in any of the use of the Websites, Services or any content or product posted, transmitted, or otherwise made available. In any event, the aggregate liability of Excellus and our service providers under these Terms and Conditions shall not exceed five hundred dollars ($500).
Excellus does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
The Terms and Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of New York, without reference to any conflict of laws rules. By using our desktop or mobile websites or applications, i.e., the Websites, you hereby consent to the personal and exclusive jurisdiction and venue of federal and state courts in Monroe County, New York.
The Websites are hosted in the United States. If you access the Websites from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Websites or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You and Excellus agree that if there is any dispute concerning these Terms and Conditions any such dispute shall only be resolved by arbitration, after first giving notice to the other party and the opportunity to discuss resolution within thirty (30) days of such notice. You and Excellus both waive the right to a jury trial.
You and Excellus waive the right to commence, be a party to, join or be an actual or putative class member of any class, collective or representative action of any kind in any forum, including in court and arbitration, arising from or related to the Websites, our Services and/or these Terms and Conditions.
To the extent that any provision of these Terms and Conditions is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to the Websites and Services.
To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless Excellus, and our parent, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third-party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
- No Third Party Beneficiaries
There are no third party beneficiaries to the Terms and Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms and Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
- Changes to These Terms and Conditions
We reserve the right to change, modify, or amend these Terms and Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms and Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms and Conditions for any changes. Your continued use of or access to the Websites following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
- Questions and Additional Information
Questions regarding Excellus BlueCross BlueShield's Terms and Conditions may be directed to the Excellus Web Security Help Desk via postal mail:
Excellus BlueCross BlueShield Web Security Help Desk
333 Butternut Drive
Syracuse, NY 13214-1803
Call us at: 1-800-278-1247
Or follow this link to email our Web Security Help Desk
Last updated: May 13, 2019