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Blue Choice

Terms of Use

BlueChoice HealthPlan of South Carolina is the owner of this website (this “Site”) and, together with its subsidiaries and affiliates (collectively referred to as “Company” or “we”), makes the Site available to you.  These Terms of Use and the Site’s Privacy Policy, which is available here and is incorporated into the Terms of Use by reference, set forth the terms and conditions that apply to your use of the Site.

1. General Terms
1.1. In consideration for using this Site, you agree to these Terms of Use.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE.  By using the Site (other than to read these Terms of Use for the first time), you agree to comply with these Terms of Use.  Company reserves the right to change these Terms of Use from time to time.  We suggest that you re-read the Terms of Use (including the Privacy Policy) from time to time so that you stay informed as to any such changes.  In any event, by using this Site, you agree that you will be bound by the Terms of Use appearing on this Site at the time you are using the Site. Further, some Company services may require you to agree to additional terms and conditions which apply to the specific Company services. If you agree to those additional terms and conditions, then those additional terms and conditions also shall form a part of the Rems and Conditions. You represent and warrant to us that you are age 18 or older. 

1.2. The right to use the Site is personal to you and is not transferable to any other person or entity.  You are responsible for protecting the confidentiality of your password and user name, if you have them. 

1.3. You acknowledge that the Site may experience service interruptions or events that are beyond Company’s control and that Company will not be responsible for any information you may lose while you are using the Site or when you transmit information to the Site via the Internet.  

1.4. Your use of the Internet is solely at your own risk and is subject to all applicable state, national, and international laws and regulations.

1.5. If you use this Site on behalf of another person or entity, by using the Site, you represent and warrant that you are legally authorized to use this Site on behalf of that other person or entity.

1.6. You are required to provide your email address in order to use the Site. You agree we may use this email address to correspond with you regarding the Site and to send other communications to you. We also may retain this email address for such future use as we may determine. Additionally, we may send email responses to Ask Customer Service or Ask Provider Services questions. If you have not previously provided an email address in your registration profile, we will require an email address when you sign on in the future.

2. Information on the Site

2.1. Company has no legal duty to you to update information on the Site.  This means information on the Site may be out of date at any given time.  Company also may make improvements or changes to the information, products, or services described on the Site at any given time without notice.

2.2. We have attempted to make sure the contents of the Site are accurate and complete; but Company has no legal duty to you to ensure that the Site is correct in every respect.  By using this Site, you agree not to hold Company liable for any inaccuracy of this information and you assume all the risks associated with its use.

2.3. We may modify, remove, or update information on the Site without notice.  Company may change or terminate any feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.  Company may stop providing any information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other aspects of the Site’s operation.  

3. Proprietary Rights

3.1. This Site and all contents posted on the Site are the exclusive property of Company or are licensed to Company for its use.  Company is the owner or licensee of the copyright in the entire content (including images, text, and look and feel attributes) of the Site and reserves all rights in that regard.  Except as provided in Section 3.3, below, YOU MAY NOT POST, LINK, OR MAKE OTHER MODIFICATIONS TO THE SITE OR COPY MATERIAL FROM THE SITE WITHOUT COMPANY’S EXPRESS WRITTEN CONSENT. 

3.2. Company does not transfer or grant any of its intellectual property or other rights to you, including any copyright, trademark, service mark or patent rights, all of which Company expressly reserves for itself.  You may not remove or change any copyright notice on any material on the Site.

3.3. You may make reasonable use of the Site and content on the Site for your personal or household purposes, such as making a single copy of content on the Site for your personal records.  You may not use content on the Site for any commercial purpose.  You agree not to distribute, manipulate, create derivative works from, or use the information on this Site for any purpose other than as described above or as expressly authorized by Company.  You acknowledge that you do not acquire any ownership rights by copying or downloading copyrighted material.  

3.4. Any violation of this policy may result in copyright, trademark, or other intellectual property right infringement that may subject the you to civil and/or criminal penalties.  The Site contains Company’s copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound.  This content is protected by copyright as a collective work under the United States copyright laws. 

4. Other Websites

As you navigate this Site, you may be able to link to other websites owned or operated by third parties. Please note that Company provides these links for your convenience, but the inclusion of such links does not imply endorsement by Company.  Furthermore, the linked sites are not under our control and Company is not responsible for the content of any linked sites or any links contained at such linked sites.  For this reason, Company encourages you to look at the terms of use and privacy policies of those specific sites.  Company does not guarantee any third party’s performance nor does it guarantee any of the services or materials provided by any third party.  

5. Limitation of Liability; Warranties

5.1. By using the Site, any programs or tools on the Site, and any third-party sites to which you may link through the Site you agree to (a) release Company from any and all claims, liabilities or damages related to such use and (b) accept all risks related to such use.  

5.2. You agree not to hold Company responsible for any damages or injury, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of records or information made available on (a) the Site, (b) any program or other tool available at the Site, or (c) any third-party site to which you may link through the Site.  Without limiting the foregoing, you specifically agree not to hold Company responsible for the defamatory, offensive, or illegal conduct of any third party using the Site.

5.3. ALL MATERIALS ON THIS SITE ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.4. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF THIS SITE, THE MATERIALS POSTED ON THE SITE, AND LINKS PROVIDED ON THIS SITE.

5.5. You agree to defend, indemnify, and hold harmless Company and its affiliates and respective directors, officers, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including but not limited to reasonable attorneys’ fees, arising from (a) your use of and access to the Site and any link to a third-party’s site; (b) your violation of any provisions of these Terms of Use (including the Privacy Policy); (c) your violation of any third-party’s right, including (without limitation) any copyright, property, or privacy right; or (d) any claim that content or information you submit causes damage to a third party.  This defense and indemnification obligation specifically will survive these Terms of Use and your use of the Site.

5.6. The Site is controlled and operated by the Company from offices in the United States.  Company makes no representation that materials provided on the Site are appropriate or available for use in other locations and access to them from locations in which their contents are illegal is prohibited.  Those who choose to access the Site from such other locations are responsible for compliance with applicable local laws. 

6. Disputes

6.1 By using the Site, you agree that any dispute or claim arising out of or in connection with (a) the Terms of Use (including the Privacy Policy), (b) any failure to perform under or breach or termination of the Terms of Use (including the Privacy Policy), or (c) your use of the Site or any link to a third-party site, or any products or services provided under or through the Site or any link to a third-party site, shall be brought solely and exclusively in a federal or state court of competent jurisdiction located in Richland County, South Carolina, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts and waive any defenses to such jurisdiction, venue or convenience of forum.  These Terms of Use (including the Privacy Policy) and legal issues arising out of, but not exclusive to the use of, the Site or any third-party sites are governed by and in accordance with the laws of the State of South Carolina (exclusive of its rules regarding conflicts of laws).  

6.2 You agree that any cause of action arising out of or related to the Site or your use of the Site must commence within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

6.3 If any provision of these Terms of Use (including the Privacy Policy) is determined to be invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provision of the Terms of Use (including the Privacy Policy) and the remaining portions of these Terms of Use (including the Privacy Policy) shall continue in full force and effect. 

6.4 By using this Site, you agree that any claim, suit or dispute resolution proceeding will be conducted only on an individual basis and not in a class or representative action.

7. Miscellaneous

7.1. Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, medical advice.  No doctor-patient relationship is established between Company and you by reason of your use of the Site or under any circumstances whatsoever.  The information in the Site is for general informational purposes only.  If you have questions about medical issues or health information arising from your use of the Site, you should contact your own health professional.

7.2. Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, legal or financial advice, guidance, or interpretation.  No attorney-client or accountant-client relationship is established between Company and you by reason of your use of the Site or under any circumstances whatever.  The information in the Site is for general informational purposes only.  If you have questions about any law, statute, regulation or requirement expressly or implicitly referenced in the Site, or its financial ramifications, you should contact your own legal counsel, financial professional, or both.  

7.3. These Terms of Use (including the Privacy Policy), constitute the entire agreement of the parties with respect to the subject matter hereof.  In the event that any page or area of this Site has more-specific terms and conditions, those more-specific terms and conditions shall control with respect to such page or area of the Site.  No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.  

Revised: October 1, 2017