FOODQHUB.COMSM NUTRITION SERVICES TERMS AND CONDITIONS
INTRODUCTION. Welcome to foodQhub.com. BCBS Institute, Inc. (“BCBS Institute,” “we,” “our,” “us”, or “Operator”) owns and operates foodQhub.com, a mobile-optimized website, through which we make available certain interactive online and mobile Services related to BCBS Institute’s foodQ programs and initiatives, as those terms are defined and further described below. Your use of the Services, which includes but is not limited to use of the Site and other related websites, applications, and platforms (each, a “Site” or “Application”), is subject to these Terms and Conditions (“Terms and Conditions” or “Agreement”), and any and all additional terms, policies, rules, or guidelines applicable to the Services that are incorporated herein by reference, or posted or linked to on the Site (collectively, the “Additional Terms”), including but not limited to:
- Subscription Policy If you chose to sign up for the foodQ Subscription, the terms and conditions of the foodQ Subscription Agreement (“Subscription Agreement”), is incorporated into this Agreement by reference.
ACCEPTANCE OF TERMS AND CONDITIONS. The Services are intended only for use by the members of the general public who have agreed to these Terms and Conditions (“Permitted Users”, “You”, or “Your”), for purposes only in connection with the Services described herein. These Terms and Conditions constitute a contract between you and us that governs your access and use of the Services. By accessing, viewing, or using the Services, you agree to these Terms and Conditions as may be modified from time to time and agree to be legally bound by them. BCBS Institute may revise these Terms and Conditions by posting them on the related Site, without further notice. Your continued use of the Sites means you accept any changes.
ARBITRATION; APPLICABLE LAW. IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH BCBS INSTITUTE AND/OR BCBSA THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BCBS INSTITUTE AND/OR BCBSA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST BCBS INSTITUTE AND/OR BCBSA. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Governing Law and Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without reference to its choice of law rules. By accessing, viewing, or using the Services, you agree and consent to the jurisdiction of the federal and state courts presiding in Chicago, Illinois, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Services are controlled and operated by BCBS Institute from its offices within the United States. BCBS Institute makes no representation that the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. You must file any claim within one (1) year after such claim arose or it is forever barred.
ABOUT BCBS INSTITUTE AND foodQSM
The BCBS Institute
BCBS Institute is an Illinois benefit corporation, and a wholly-owned subsidiary and independent licensee of Blue Cross Blue Shield Association (“BCBSA”), a national federation of 36 independent, community-based and locally operated Blue Cross and Blue Shield companies (“BCBS Plans”). The BCBS Institute combines a social mission with business innovation to target barriers to healthcare, including addressing social determinants of health (e.g., transportation, pharmacy, nutrition, housing, food deserts) through technology solutions and strategic collaborations. For more information about BCBS Institute, visit https://www.foodqhub.com
foodQ is an initiative operated by BCBS Institute, in collaboration with strategic alliance entities which may include BCBS Plans and other third parties, which aims to address food and nutritional deserts, one of the key social determinants of health that impacts millions Americans, by overcoming common barriers of access and price. foodQ offers services such as the foodQ healthy food delivery Service, where Permitted Users can order ready-to-heat, healthy, flavorful and affordable meals through foodQhub.com, which will be prepared and delivered to their home by third party vendors, including but not limited to “Meal Providers”.
BCBS Institute and BCBSA do not provide medical, nutritional, or legal services or advice. BCBS Institute operates foodQ and connects consumers with nutritious meals, but is not a restaurant or food preparation entity. All foodQ meal preparation and delivery services are provided by independent third-party providers. BCBS Institute and BCBSA do not prepare or deliver meals, or promote, recommend, endorse, warrant or guarantee any program, product or service provided by any third-party provider in connection with foodQ. BCBS Institute and BCBSA are not responsible for damages or injuries arising from or related to such third party provided programs, products or services.
No Medical Policy, Benefits, Coverage, Claims, or Insurance Advice.
The Services and BCBS Institute do not determine medical policy, provide health insurance benefits or coverage information, or adjudicate claims for any Blue Plan. No relationship is established between any Blue Plan, BCBS Institute, and you by reason of your use of the Services or other circumstances under these Terms and Conditions. Inquiries about medical policy, benefits, coverage, claims, or other insurance matters should be addressed to the appropriate local Blue Plan or to your insurance provider.
The BLUE CROSS and BLUE SHIELD names and symbols, foodQSM and Healthy Living in the BagSM are all trademarks owned by BCBSA and licensed to BCBS Institute.
ABOUT THE SERVICES, GENERALLY. The “Service” means any website, mobile application, Internet service or related services consisting of information, content, transaction capabilities, website features and other products and services, under BCBS Institute’s control, including foodQhub.com, whether partial or otherwise, in connection with foodQ that enables Permitted Users to connect with BCBS Institute and its affiliates, contractors, agents, consultants, vendors, and third parties, including Meal Providers, to arrange and schedule foodQ Services, including but not limited to nutritional services, including but not limited to meal planning, preparation and/or delivery services, and/or to purchase goods and services from third parties solely for your personal, noncommercial use.
foodQ Meal Preparation and Delivery Service
By using the Service, you are electing to use the Meal Provider and other third party services offered through foodQ. The Meal Provider entities available on our Site operate independently of BCBS Institute. It is the Meal Provider’s responsibility to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. BCBS Institute is not liable or responsible for the Meal Provider’s food preparation or safety and does not verify their compliance with all applicable laws. In addition, BCBS Institute does not guarantee the quality of what the Meal Providers sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third party delivery service. BCBS Institute does not independently verify, and is not liable for, representations made by Meal Providers regarding their food, including, without limitation, any menu- or restaurant-level descriptors or disclosures. Some deliveries may be provided by Meal Provider’s network of independent delivery service providers (“DSPs”). BCBS Institute shall not be liable or responsible for any delivery services provided by DSPs or any subcontractors of DSPs, or any errors or misrepresentations made by any of them.
YOU ACKNOWLEDGE THAT THE ABILITY TO OBTAIN MEAL PLANNING, PREPARATION AND DELIVERY THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH BCBSA, BCBS INSTITUTE NOR BLUE CROSS AND/OR BLUE SHIELD PLANS AS A PROVIDER OF MEALS, MEAL PLANNING OR DELIVERY SERVICES.
PROPRIETARY RIGHTS; LIMITED LICENSE TO USE
All materials contained under the Services are protected by law, including but not limited to, United States copyright law. Except as indicated, BCBSA is the owner of the copyright in the entire content (including images, text and look and feel attributes) of www.foodQHub.com, including but not limited to all content pertaining to the Services, and reserves all rights in that regard. Removing or altering the copyright notice on any material is prohibited. Any commercial use of the Service’s content is prohibited without the prior written consent of BCBSA and/or the BCBS Institute. Except as indicated, BCBS Institute and/or BCBSA own all trademarks, service marks or other logos featured on or related to the Services. Use or misuse of these trademarks, service marks or logos is expressly prohibited and may violate federal and state law. Removing or altering the copyright notice on any material related to the Services is prohibited. Please be advised that BCBSA and BCBS Institute actively and aggressively enforce their intellectual property rights to the fullest extent of the law.
Subject to your compliance with these Terms and Conditions, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use and solely in connection with your use of the Services. Any rights not expressly granted herein are owned by BCBS Institute and/or BCBSA.
BCBS Institute welcomes your feedback and suggestions about how to improve our products and services, including the Services. By transmitting any suggestions, information, material, or any other content (collectively, "Content") to BCBS Institute, you automatically grant BCBS Institute the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, BCBS Institute is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to us for any purpose whatever, including, but not limited to, creating and marketing products and/or services using such information. BCBS Institute is not responsible and shall not be liable for the Content, or materials posted to any site related to the Services by Permitted Users, visitors, or persons other than BCBS Institute employees. Opinions or comments contained in Content reflect the views of the author and not of BCBS Institute unless BCBS Institute expressly states to the contrary.
Your Account and Log-In Credentials.
To use the Service, you may need to log-in by providing certain information, which may include a name, password, delivery address, email address, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You are responsible for your log-in credentials, if applicable, and for keeping your information accurate. If you make a meal reservation on behalf of others, you are responsible for any related issues or problems, including dietary restrictions or allergies that such persons may have or experience.
You are responsible for any activity resulting from the use of your log-in credentials on the Service. You represent and warrant that the information you provide to the BCBS Institute upon use of the Service and at all other times will be true, accurate, current, and complete. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify the BCBS Institute by e-mail to foodQ@bcbsa.com. You will be solely responsible for the losses incurred by BCBS Institute and others due to any unauthorized use of your account.
No one under the age of eighteen (18) is allowed to register with or use the Service without the consent of a parent or guardian. If you are under the age of 18, by registering for and using the Service, you warrant and represent that you have consent to do so from a parent or guardian. If you make or have a Reservation made for you, as the Permitted User associated with the Reservation you are responsible for all costs associated with your Reservation and use of the Services.
If you experience any incident or have an issue which threatens your personal safety or your health, make sure you take appropriate steps to protect yourself and get to a safe place. If necessary, call the authorities by dialing 911 or your local non-emergency assistance line.
BCBS Institute reserves the right to refuse service to additional guests or charge an additional Fee.
User Code of Conduct
By using the Services, you also agree:
- Not to publish any portion related to these Service, its content, or any reports or information derived therefrom without BCBS Institute’s prior written consent before each such use, except for internal use within you ;
- Not to copy, download, scrape, or extract any raw data or any screen contents related to these Service, other than the report(s) that the Services are designed to provide for you, as a registered user, for the Services described above;
- Not to copy, download, scrape, extract, reprint, modify, link, deep link, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from the Services site or any of the third-party web sites to which we may provide links;
- Not to use any device or computer program in order to interfere or attempt to interfere with the proper operation of these Services (e.g., hacking, denial of service attacks, etc.), including any activity that attempts, or precedes any attempts, to breach security (such as scanning, probing, or other testing or vulnerability assessment activity), or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of BCBS Institute’s IP space;
- Not to code or introduce any Harmful Code into any part of the Services (“Harmful Code” shall mean any self-propagating program that infects, damages, or disables another program; contains any virus, Trojan horse, or worm; or contains any code designed to permit unauthorized access or monitoring, or that alters or erases any data or programs without control of the person operating the computer on which it resides);
- Not to use the Services or related sites in a manner that may adversely affect this Service’s resources or its availability to others, or that violates U.S., federal, state, or local law;
- Not to use the BLUE CROSS or BLUE SHIELD words, symbols, trademarks, or service marks (collectively, “Blue Brands”), and not to make any reference to BCBSA, BCBS Institute, any Blue Plans, the site, (including, but not limited to, in your advertising, letterhead, symbol or logo, or press releases) without prior written approval of BCBS Institute;
- You acknowledge that all use of the Blue Brands, if so permitted by BCBSA or BCBS Institute, must inure to the benefit of BCBS Institute or BCBSA and must comply with all applicable BCBS Institute and BCBSA rules and regulations; and
- You acknowledge that BCBSA, BCBS Institute, Blue Plans, or other interested entities may send you communications (via email or other media) on matters pertaining to the Services.
BCBS Institute reserves the right to terminate your access to the Services in the event that you violate these Terms and Conditions, or for any reason at BCBS Institute’s sole discretion; and, upon termination, your authorization to access or use the Services and its contents will cease immediately.
The Services, their related sites, and each of their contents, and all reports generated under the Services are deemed “Confidential Information” of BCBS Institute. You agree not to disclose any of the Confidential Information to any person or entity, except with BCBS Institute’s prior written consent for each such use. You will safeguard all Confidential Information from unauthorized disclosure or access, and will maintain it in strict confidence, protecting it with the same degree of care that you exercise with your own confidential information, but in no event less than a reasonable degree of care. Except as provided in these Terms and Conditions, you will not use or disclose any Confidential Information without the BCBS Institute’s prior written consent, and then only for the purpose herein. You will notify BCBS Institute promptly of any unauthorized access or disclosure of which you become aware. The parties agree that all the Terms and Conditions shall be kept confidential except as required by law, or pursuant to court order or in the course of litigation between the parties.
By using the Services and/or providing information, including your mobile telephone number, landline telephone number, and/or email address to us, BCBS Institute, and we may share the information with BCBSA, BCBS Plans, or the foodQ third party, including Meal Provider, or their respective designees (collectively, “Senders”). You agree that Senders may communicate with you electronically, as further described below, with regard to any matter of or related to Services. You represent and warrant that any wireless telephone number and email address that you provide is owned by you. Senders may communicate with you by email, text message, or telephone using the information you provide when registering on the Site or for the Services or posting notices on the Services.
Channels. Senders may communicate with you by email, text message, or posting notices on the Service using the information you provided when registering on the Site or for the Service. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service.
Email. You agree to receive emails from Senders at the email address you provide to us for purposes outlined here or in the Privacy Statement. You may revoke your consent to receive emails by opting-out of receiving emails by emailing foodQ@bcbsa.com
SMS Text Messages. With consent, we send promotional and non-promotional push notifications or alerts to your mobile device which can deactivated. Senders may send you Short Message Service (“SMS”) text messages (“Text Alerts”) to any mobile telephone number you provide to any Sender. By responding to any such message, you agree to the Terms and Conditions for this Service, and acknowledge that Senders may send you Text Alerts, including messages sent by automatic telephone dialing equipment, to the cellular phone number you provide upon registering with the Service, which is the number you will receive the account activation code when you initially create your foodQ account. These SMS messages may include messages relating to enrollment and continuation in the Meal Service, managing your Password or Service preferences, messages related to the provision of the Service (including, for example, notifications of your Meal Provider’s driver’s location and approach), and other health related programs and services that we believe may be of interest to you. This consent is not a required condition of purchasing goods, or services from BCBS Institute. Senders do not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at foodQ@bcbsa.com If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
You may opt out of the SMS text messages (either promotional or non-promotional) at any time, although you acknowledge that you will no longer be able to receive updates related to the Service, such as order confirmation and delivery status, and will need to obtain such information by emailing foodQ@bcbsa.com. To stop receiving Text Alerts, text STOP to the number upon which you are receiving text alerts. Texting STOP to the number you are receiving BCBS Institute alerts from will opt you out of any and all future BCBS Institute text messages. After you submit a request to unsubscribe, you will receive one final Text Alert from BCBS Institute confirming that you will no longer receive Text Alerts. No additional Text Alerts will be sent unless you re-activate your enrollment to the text alerts. For questions about Text Alerts, text the word HELP to the number you are receiving BCBS Institute alerts. Text alerts may come from any one of the short codes and BCBS Institute may change, add or remove short codes as necessary.
The BCBS Institute Text Alerts are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. BCBS Institute may change or discontinue any of its text alerts without notice or liability to you. BCBS Institute and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any BCBS Institute text alerts or from technical failures or delays of any kind. BCBS Institute reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.
Telephone Communications. BCBSA, BCBS Institute and/or Meal Provider may contact you at your mobile or landline telephone numbers. Such communications may include use of an automatic telephone dialing system, prerecorded message, and/or artificial voice.
Information you provide
We collect the information you provide when you register or supply your email address for subscriptions or participation of the features of the site: newsletter, email list, promotions, order purchases, job application, social media sites, contact support or other communications.
The types of information we collect from you include:
(a) Your Account Information, name, email address, password, postal address, phone number, subscription, delivery, menu preferences and such.
(b) Transaction Information, menu selections you purchase, shipping and delivery information, refund information, and cancellations. Payment card type and expiration date and the last four digits of your payment card number. We do not collect or store full payment card numbers. All transaction information is processed by a secure third party payment processor.
(c) Information About Others, Names, addresses, phone numbers, and email addresses of gift recipients for purchase gifts through the Sites. Information for people you invite to invite to try menu selections.
(d) Other Information You Choose to Provide, Promotions, contact and support information.
Information from Other Sources
We may collect information about you from other sources such as content posted to our social media pages.
Use of Information
We may collect information for the following:
(a) Improve menu selections
(b) Administer your account
(c) Provide support
(d) Communicate information to you
(e) Gain Sales data
(f) Maintain security of site
(g) Marketing and promotion
(h) Advertising campaigns
Sharing of Information
We can share your information as described in this Agreement, including
(a) Third party service providers that need the information to carry out the work
(b) Third parties that participate in foodQ or can offer an add on service, including BCBSA, BCBS Plans,
(c) Information you provide to us on social media sites
(d) If requested by law, rule, regulation or legal process;
(g) In financial negotiation
Social Media and digital marketing
Information shared on Facebook, Twitter, Pinterest and other social media sites may be used and shared. Your participation of such sites enables the sharing of information.
Promotion Marketing and Analytical Data
We take special measures to help protect your private information. However, there cannot be total protection from security breach. We cannot guarantee your information cannot be penetrated while being transmitted, such as in the form of unsecure email. Therefore, we suggest you take special attention on the information you submit.
Login into your account to update any information or email us at: foodQ@bcbsa.com
If you choose to deactivate your account, we do store your information by law.
For servicing deliveries your physical address is stored and updated.
Cookies [see Cookies policy at https://www.bcbs.com/cookie-policy]. Many web browsers default to allow cookies. You can change this setting but it will affect your ability to search the site.
PROMOTIONS AND REFERRALS
Existing customers ("Referrer") who refer friends and family as new customers ("Customer") to foodQ platform, may be eligible to receive referral credits (“Credit(s)”). Customer must sign up using the unique link ("Link") provided to them by Referrer. The Link must be provided to Customer through email or text. Referrer is prohibited from posting referral links on any publicly accessible sites. BCBS Institute reserves the right to deactivate or invalidate any Credits obtained through these channels. Referrer will only receive Credits for the first ten (10) Customers they refer. Customer will receive one Credit when they sign up through the Link and meet the requirements as indicated in the offer. BCBS Institute reserves the right to deactivate or invalidate any Credits obtained by either Customer or Referrer in excess of these amounts. Credit amounts vary based on regions, and Referrers location will determine the application region and Credit amount. Credit amounts will be stated in Referrer's account page or in the offer received by Customer. Customer will be disqualified and will not receive Credits if BCBS Institute has a record of their name, email, phone number or credit card having being used for a prior BCBS Institute order or being linked to an existing active or inactive BCBS Institute account. Credits will be applied automatically at checkout to order amount. Credits cannot be redeemed for cash or cash equivalent. Credits are not transferable and may not be auctioned, traded, bartered, or sold. Credits may not be used in conjunction with select promotions. BCBS Institute reserves the right to withhold or invalidate Credit obtained through the BCBS Institute referral program if BCBS Institute determines or believes that the Credit was received through error, fraudulent, illegal, or in violation of these terms and conditions or any other applicable agreement between you and BCBS Institute. Subject to change by BCBS Institute at any time. Void where prohibited or restricted by law.
DISCLAIMER OF WARRANTY AND LIABILITY
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN EXPENSE AND AT YOUR OWN RISK. NEITHER BCBSA NOR BCBS INSTITUTE, NOR ANY PARTY PROVIDING SERVICES ON BEHALF OF OR AS DIRECTED BY THEM OR YOU, NOR THEIR AFFILIATES, AND EACH OF THEIR SUBSIDIARIES, AGENTS, OR AFFILIATES (“RELEASED PARTIES”) ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION RELATING TO THE SERVICES, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE RELEASED PARTIES MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (vi) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. BCBS INSTITUTE MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. BCBS INSTITUTE, BCBSA, AND ANY PARTY PROVIDING SERVICES ON BEHALF OF OR AS DIRECTED BY YOU SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BCBSA, BCBS INSTITUTE, OR A BLUE PLAN TO YOU EXCEED THE PRICE PAID, IF ANY, FOR USE OF THE SITE (OR $0, IF NO PRICE WAS PAID). ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service, including but not limited to the Meal Providers, their employees, drivers or contractors. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release BCBS Institute and BSBSA of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes.
Corrections and Changes. While we endeavor to keep the materials up to date, BCBS Institute shall not assume responsibility for any errors or omissions in these materials. Some of the information pertaining to the Services may not be verified. All information pertaining to the Services are subject to change without notice. Further, BCBS Institute does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. BCBS Institute may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein.
LIMITATION OF LIABILITY AND INDEMNIFICATION
BCBS Institute, BCBSA, or any party providing services on behalf of or as directed by you (“Released Parties”) are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. BCBS INSTITUTE, BCBSA, ANY PARTY DIRECTED PROVIDING SERVICES ON BEHALF OF OR AS BY YOU, AND/OR THEIR LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
BCBS INSTITUTE MAY INTRODUCE YOU TO THIRD-PARTY MEAL PROVIDERS, BUT BCBS INSTITUTE DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY MEAL PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE BCBS INSTITUTE FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY MEAL PROVIDER. YOU ACKNOWLEDGE THAT BCBS INSTITUTE DOES NOT MONITOR ANY THIRD-PARTY MEAL PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND BCBS INSTITUTE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY MEAL PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. BCBS INSTITUTE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING BCBS INSTITUTE’S SERVICES RESTS SOLELY WITH YOU. BCBS INSTITUTE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE BCBS INSTITUTE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE MEAL SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH MEAL SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF BCBS INSTITUTE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless BCBS Institute, BCBSA, any party providing services on behalf of or as directed by you, and their affiliates and subsidiaries, and each of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Services and/or any breach by you of these Terms and Conditions.
USE OF THE INTERNET. BCBS Institute shall have the right at any time to change or discontinue any content or feature of the Services, including discontinuing the Services and any related portal, app, or site, including any and all services within each. Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither BCBS Institute nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
The Services may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations over which BCBS Institute exercises no control, and BCBS Institute expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. BCBS Institute does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. BCBSA is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. You may not store, post, modify, distribute, reproduce in any way, use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.
Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. BCBSA does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. BCBSA may contact the notice provider to request additional information. BCBSA a reserves the right to disregard a notice that is not in compliance with the DMCA. Under the DMCA, BCBSA is required to take reasonable steps to notify the user who posted the allegedly infringing content. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address below.
If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees.
To be effective, your Notification of Claimed Infringement must be in writing, sent to our designated agent listed below and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located to permit us to locate the material;
- Your contact information, including your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
BCBSA’s designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: email@example.com with the subject line “DMCA”
Blue Cross Blue Shield Association
Attn: Office of the General Counsel
225 N. Michigan Avenue
Chicago, IL 60601-7680
By Fax: 312.297.5956
SECURITES INFORMATION. The Services and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Services may have information and press releases about BCBS Institute, and although this information was believed to be accurate as of the date prepared, BCBS Institute disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
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