BCBSIL MOBILE APP TERMS OF USE AGREEMENT

Terms of Use and Privacy Statement

Effective date: December 2015

Before you begin, you confirm and acknowledge:

  • That you are at least 18 years of age;
  • That you have read and understand the Terms of Use and Privacy Statement;
  • That you further understand that the Terms of Use and Privacy Statement constitute a legal, binding agreement between you and Blue Cross and Blue Shield of Illinois (BCBSIL), a Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association.

Terms of Use

The following Terms of Use and Privacy Statement govern the use of this Mobile Application ("app"), as provided by BCBSIL, by all those who access the app, including without limitation, persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, "you" or "your").

If BCBSIL makes any material changes to the app or to the Terms of Use and Privacy Statement, you will be required to re-accept the Terms of Use and Privacy Statement.

This app provides access to the following features:

  • Provider Finder®
  • Get a Quote
  • Track Your Enrollment
  • Bill Payment
  • Member claims, coverage, deductible and member identification information

You agree to:

  • Be familiar with your mobile contract and associated wireless fees. You are responsible for any mobile data fees and other third-party charges you may incur in connection with your access, download and use of the app;
  • Activate the security and privacy settings (for example, passwords and screen locking) on your mobile phone;
  • Protect your unique password from any unauthorized use;
  • Use the app for personal non-commercial purposes only; if you print pages from this app, you may only use them for your own personal use;
  • Exercise caution, good sense and sound judgment in using the app;
  • Be responsible for all use of the app by you and by those you allow to use, or provide access to, the app.

You agree to not:

  • Delete or revise any content on this mobile app;
  • Use any device or computer program in order to interfere or attempt to interfere with the proper use of this app in any way, and you agree not to impede or interfere with others' use of the app;
  • Copy, reprint, modify, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from this app or any of the third party websites we may provide links to.

We agree to:

  • Make reasonable efforts to present accurate information in this app; however it is possible that information found in this app may be out-of-date;
  • Provide the content, information, and web links in this app on an "AS IS" and "AS AVAILABLE" basis, without any representations or warranties of their correctness, accuracy, reliability, or otherwise.

Privacy Statement

BCBSIL uses a third-party analytics provider, Flurry Analytics, n/k/a Yahoo! Inc. ("Yahoo"), to gather certain information about the users of the app. Specifically, a unique identifier is assigned to each app, and that identifier is then used to submit your utilization metrics to Yahoo's servers. This information is then made available to BCBSIL in order for us to:

  • Track the type of information that users access on the app
  • Evaluate general app activity
  • Troubleshoot any problems with the app
  • Enhance the app experience

For information about Yahoo's privacy practices, please review their Privacy Policy .

Data Security and Storage

The communication between the app and BCBSIL is secured by Transport Layer Security (TLS).

Even though there are many benefits to using this app, as with all electronic communications there are some risks which may include:

  • Failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the Internet.
  • No guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. Please use good judgment before deciding to send information via the Internet.
  • Before emailing your ID card, you may need to use a third-party application(s) to access, view and email the ID card. Third-party applications may store a copy of the ID card. You have sole responsibility for the use of these third-party applications. Your use of these third-party applications may subject you to separate binding agreements and privacy statements. So, be sure to read each of those additional agreements and statements and have a working understanding of those terms.

BCBSIL adheres to accepted industry security standards that are designed to protect any non-public personal information when using this app against accidental or unauthorized use, access or disclosure. The technology we use is specifically designed for app servers. All of your personal information resides in the United States of America in a secure database behind a firewall where it cannot be accessed without proper authorization. Transport Layer Security (TLS) technology encrypts your personal information as well as your health history if it is transmitted over the Internet.

You also have a responsibility in keeping the personal information that is available on this app secure by keeping your account name and password confidential. This will help prevent any potential unauthorized access to your account.

Miscellaneous

Relationship of the Parties
No confidential or other relationship, fiduciary or otherwise, exists between you and BCBSIL.

Governing Law
These Terms of Use and your use of the app are governed exclusively by applicable U.S. federal laws and the laws of the State of Illinois only, without reference to its rules regarding choice of law.

Limitation of Liability
You understand and agree that the downloading of the app to your device is at your discretion and risk. You will be solely responsible for any damages to your mobile phone or loss of data that results from such download and use. This includes use of the app on devices that have violated the license agreements of either their respective wireless carriers or device manufacturers.

BCBSIL and its licensors have no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this app or the information you receive from or submit to this app.

BCBSIL and its licensors shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data from this app, theft, or errors. Use of an app is unlikely to be uninterrupted or error free. Interruptions of the app will occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance experienced/performed by your wireless carrier.

Ownership and Copyright Protection
All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) in this app are solely and exclusively the property of BCBSIL or its licensors, and are protected by intellectual property laws. Blue Cross, Blue Shield and the Cross and Shield symbols are registered service marks of the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans. You acknowledge that content available through the app, including, without limitation, content of third parties is protected by copyright, trademark, patent or other intellectual proprietary rights and laws.

Mediation/Arbitration Provisions

  1. Initial Resolution by Meeting or Mediation of Dispute
    1. Blue Cross and Blue Shield of Illinois (BCBSIL) or Authorized User (the "Notice Party"), as the case may be, shall deliver written notice to the other party (the "Receiving Party"), via certified mail, return receipt requested, of the existence of a Dispute (the "Initial Notice"), as follows:

      If to BCBSIL:
      Blue Cross and Blue Shield of Illinois
      ATTN: Legal Department
      300 East Randolph Street
      Chicago, IL 60601-5099

      If to Authorized User: At the last known address of record.
    2. The Receiving Party has thirty (30) calendar days following the Notice Party's delivery of such notice to provide a prompt and effective remedy.
    3. If the Receiving Party has failed to provide a prompt and effective remedy within thirty (30) calendar days following delivery of such notice, and the Receiving Party and Notice Party mutually agree that a meeting to attempt to resolve the Dispute would be advantageous, representatives of both parties shall meet not later than thirty (30) calendar days after delivery of the Initial Notice in order to attempt to resolve the Dispute. Subsequent meetings may be held, upon mutual agreement of the parties.
    4. If such a meeting has not been mutually agreed upon within thirty (30) calendar days of delivery of the Initial Notice, or if the Dispute has not been resolved within thirty (30) calendar days of commencement of any such meetings, the Notice Party shall submit the Dispute (the "Mediation Submission") to mediation by an organization or company specializing in providing neutral, third-party mediators. The mediation process shall be coordinated by the Notice Party with the mediator and shall be subject to the following agreed-upon conditions:
      1. The parties agree to participate in the mediation in good faith;
      2. The parties agree to have present at the mediation one or more individuals with decision-making authority regarding the Dispute;
      3. Either party may, at its option, be represented by counsel;
      4. The mediation shall be conducted in English;
      5. The mediation shall be held at a mutually agreed upon venue location in or near Chicago, Illinois, within sixty (60) days of the Mediation Submission, unless the parties mutually agree on a later date or an alternate venue location; and
      6. The parties shall each bear their own costs and shall each pay one-half of the venue location fee and the mediator's fees and costs, unless the mediator subsequently determines that one party did not participate in the mediation in good faith, in which case that party shall pay all of the venue location fee and mediator's fees and costs.
  2. Binding Arbitration
    1. Any Dispute or portion thereof that remains unresolved thirty (30) calendar days after a Submission, either BCBSIL or Authorized User, on Authorized User's own behalf and not as a representative of a purported class, shall submit the Disputes to final and binding arbitration (the "Arbitration Submission") under the commercial rules and regulations of the JAMS/Endispute, subject to the following:
      1. The arbitration shall be conducted by a single arbitrator selected by the parties from a list furnished by the JAMS/Endispute (the "Arbitrator"), provided that in the event of a conflict with the terms of these Mediation/Arbitration Provisions, the terms of these Mediation/Arbitration Provisions shall control. If the parties are unable to agree on such Arbitrator from the list, such Arbitrator shall be appointed by the JAMS/Endispute or in the alternative, each party shall select one arbitrator who, in turn, shall together select the Arbitrator who shall arbitrate the Dispute.
      2. The Arbitrator shall be required to render a written decision resolving all Disputes with the reasons therefore, and designating one party as the "Prevailing Party" within sixty (60) days from the date of the Arbitration Submission.
      3. The costs of arbitration, including the venue location fee, Arbitrator's fee and any reporting or other costs, but excluding lawyers', consultants' and witness fees, shall be borne by the non-Prevailing Party unless the Arbitrator subsequently determines as part of his or her award that such allocation is inequitable under the totality of the circumstances.
      4. The arbitration hearing shall be conducted in English and held at a mutually agreed to venue location in or near Chicago, Illinois, unless BCBSIL and Authorized User mutually agree to an alternate location.
      5. Except with respect to any Dispute or portion thereof involving actual or alleged violation of BCBSIL's or any of BCBSIL's supplier's intellectual property, the Arbitrator shall not have power to award (A) damages inconsistent with the Terms of Use; or (B) punitive damages or any other damages not measured by the Prevailing Party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum.
      6. Any determination by the Arbitrator with respect to any Dispute shall be final and binding on each party. Judgment upon the award of the Arbitrator may be entered in any court having competent jurisdiction thereof.
    2. Authorized User acknowledges that this Mediation/Arbitration Provisions preclude Authorized User from filing an action at law or in equity and from having any Dispute covered by this agreement resolved by a judge or a jury. Authorized User further acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from participating in a class action or class arbitration filed by any other Authorized User or any other plaintiff claiming to represent Authorized User or Authorized User's interest. Authorized User agrees to opt-out of any class action or class arbitration filed against BCBSIL that raises claims covered by these Mediation/Arbitration Provisions, including, but not limited to, class actions or class arbitrations that are currently pending.
    3. Notwithstanding the foregoing, each of the parties hereto retains the right to seek judicial assistance to obtain interim measures of protection pending arbitration for alleged or imminent breaches of intellectual property rights, confidentiality restrictions or security obligations. In the event that either party seeks judicial assistance to obtain interim relief, or in the event that any dispute arises relating to arbitration, the sole jurisdiction and venue for such actions shall be the U.S. District Court located in or near Chicago, Illinois, or if there is no federal jurisdiction, in the state courts located in Illinois. Each of the parties to this Terms of Use hereby consents to exclusive personal jurisdiction, service of process and venue in the Illinois courts for such interim measures of protection and for disputes relating to arbitration.

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