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TERMS OF USE

Blue Cross and Blue Shield Plan of South Carolina, together with its affiliates
(collectively referred to as “Company” or “we” or “us”) is the owner of this
website or mobile or other application (each referred to as the “Site”) and,
makes the Site available to you.  


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 OR TO ANY PRIVACY POLICY
CONTAINED OR REFERRED TO ON THIS SITE, do not use this Site.  By using this Site
(other than to read these Terms of Use for the first time) or clicking on the
words “Continue”, “Yes” or “I Agree” or any similar wording anywhere on this
Site or as a requirement to access, download, or otherwise use the Site, you
agree to comply with these Terms of Use.  Company reserves the right to change
these Terms of Use from time to time and you hereby agree to such changes
without further notice.  We suggest that you re-read the Terms of Use and any
privacy policies contained on or referred to on this Site (“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 this Site. Further, some Company services
may require you to agree to additional terms and conditions that 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
these Terms of Use.

1.2.       The right to use this 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. You may only
use this Site to access information about you or your dependents.  Do not use
this Site to access information about any other person, including a friend or
family member.

1.3.       You acknowledge that this 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 this Site or
when you transmit information to this Site via the Internet. 

1.4.       Your use of the Internet and this Site is solely at your own risk. 
You may not share your login name, password or other credentials with a third
party.  You agree to assume all risks associated with any usage, whether or not
authorized, of your login name, password or other credentials or other
information you share with or have access to on this Site and further release us
from any and all claims, liabilities and damages, of whatever nature, related to
this Site.

1.5.       You represent and warrant to us that you are age 18 or older. Use by
those under the age of 18 is not authorized. This Site is not directed at
children under the age of 13. Company does not knowingly permit registration or
submission of personally identifiable information by anyone younger than 13
years of age.


2.         INFORMATION ON THIS SITE

2.1       Company has no legal duty to you to update information on this Site.
 This means information on this 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 this Site at any given time without notice.

2.2        Company has no legal duty to you to ensure that this Site is
correct.  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 this Site without
notice.  Company may change or terminate any feature of this 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 this Site’s operation.  If we terminate
your access to this Site, then this Agreement shall remain in full force and
effect and shall survive as the governing terms of your access and use of the
Site and Services prior to your termination.  Furthermore, we may modify or
discontinue your access to any or all of this Site in our discretion at any
time.

2.4      Depending on your status, you may have access to eligibility and
benefits information through this Site. The information you obtain is not a
guarantee of payment. Unless otherwise required by state law, any information
you obtain regarding eligibility and benefits is not a guarantee of payment.
Benefits are subject to all contract limits and member status on the date of
service and other terms of your insurance policy or benefit plan. Also,
nonpayment of premiums and other contractual limitations may result in denial of
benefits or refunds.  You should always consult your insurance policy or benefit
plan document about what your insurance policy or benefit plan covers.

Accumulated amounts such as deductibles may change as additional claims are
processed. Deductible and out-of-pocket limits may not apply for all services
under your benefit plan. The deductible and out-of-pocket status information is
a standard calculation based on the limits for professional outpatient services
performed in a hospital. If your benefit plan does not impose a limit for this
service or includes different limits for other types of services, the actual
amounts may vary.

The replacement deductible is for the deductible specific to the service type
requested. This replaces the global deductible for this service type. Please
contact Customer Service for additional information regarding benefits.

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

2.6       Confidentiality of Communications: Communications that you post to
this Site are not confidential. You are responsible for your own communications
and the consequences of such posting. Some parts of this Site may allow you to
post, or to e-mail to Company, materials or information ("Visitor Content").
Communications that you post to this Site are not confidential. You are
responsible for your own communications and the consequences of such posting.
You grant Company the unrestricted right to use or distribute, free of charge,
any Visitor Content posted on this Site by you or anyone using your login
information. COMPANY DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY
OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY
OPINIONS EXPRESSED BY OTHER USERS. ANY RELIANCE ON MATERIAL POSTED BY OTHERS IS
AT YOUR OWN RISK.

Company may review, remove or edit any Visitor Content at its discretion.
COMPANY HAS NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR VISITOR CONTENT
POSTED BY YOU OR BY ANY OTHER PARTY.


3.         PROPRIETARY RIGHTS

3.1       This Site and all contents posted on this 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 this Site and reserves all rights in that
regard.  You may not post, link, or make other modifications to this Site or
copy material from this 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 this Site.

3.3       (a) If you are an individual member, participant, or beneficiary, you
may make reasonable use of this Site and content on this Site for your personal
or household purposes.  If you are an individual who is participating in a
wellness program administered in whole or in part by Company (“Wellness
Program”), but are not otherwise a member, participant, or beneficiary of a
policy or group health plan administered in whole or in part by Company, you may
use the Site solely to participate in the Wellness Program. Regardless of the
purposes for which the above language permits you to use this Site, you may not
use content on this Site for any commercial purpose.  Also, 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 additionally acknowledge that you do not acquire any
ownership rights by copying or downloading copyrighted material. 

(b)  If you are a health care provider who has patients who are entitled to
health benefits through insurance provided by or any other health benefit plan
administered by Company, you may use the provider designated portions of this
site solely to the extent minimally necessary for your internal business
purposes of managing payment by Company or its clients of claims for services
covered by said plan and that are rendered by you to said patients.  You agree
that this permission may not be sub-licensed or otherwise granted to any third
party.  Furthermore, you agree not to distribute, manipulate, create derivative
works from, or use the information on this Site other than as described above or
as expressly authorized by Company in a writing signed by an officer of Company
authorized to bind Company in the matter.  You acknowledge that you do not
acquire any ownership rights by copying or downloading copyrighted material. 

(c)  If you are a group health plan client or plan sponsor of such a plan
administered or insured by Company, you may use the Permitted Portions of this
Site to the extent minimally necessary for the plan’s healthcare operations or
payment purposes only regarding members, participants or other beneficiaries
that are insured or administered by Company only.   The Permitted Portions of
this Site shall be defined to be those portions of this Site designated as for
group health plan clients or plan sponsors only.  You agree that this permission
may not be sub-licensed or otherwise granted to any third party.  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 in a writing signed by an officer of Company authorized to
bind Company in the matter.  You acknowledge that you do not acquire any
ownership rights by copying or downloading copyrighted material.

(d)  Any usage by third parties other than as described in Section 3.3 (a), (b),
or (c) above is prohibited.

(e)  You agree that you shall comply with all applicable laws, regulations or
other government directives regarding your use. You agree that you do not have
permission to use and will not use this Site: (i) to access any information for
which you do not have the legal right to view; or (ii) to distribute or publish
any defamatory statements, pornographic material, copyrighted, trademarked or
other proprietary material. You may not submit or post any material or
information which is illegal, obscene, threatening, defamatory, invasive of
privacy, or infringing of proprietary rights of any person or entity, or which
contains software viruses, corrupted data, cancel bots, commercial
solicitations, or mass mailings or any form of "spam." You may not use a false
e-mail address to impersonate any person or otherwise mislead as to the origin
of any material or information you submit or post.

3.4       Any violation of this Agreement may result in copyright, trademark, or
other intellectual property right infringement that may subject you to civil
and/or criminal penalties.  This 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.        SECURITY/PRIVACY; OTHER WEBSITES; INFORMATION SHARING; MOBILE DEVICE
INFORMATION USAGE; CONSENT TO USAGE OF INFORMATION; EMAIL USAGE; COOKIES AND
SIMILAR TECHNOLOGIES

4.1       Security/Privacy.  This Site has security/privacy measures in place to
protect against the loss, misuse and alteration of the information under our
control. While your Username and Password are used to initially recognize you as
an enrolled member, some of the functions offered by this Site may require a
higher level of validation and will use your member/group/provider/agent number
and date of birth to allow access to these functions. We may also require
multi-factor authentication and may send you a code via voice, text, or email
(as chosen by you) that you will have to use to access the Site. We use your
Internet Protocol (IP) address to help diagnose problems with our server, and to
administer this Site. Your IP address is also used to help identify you and to
help gather broad demographic information. Although we have security and privacy
measures in place, we cannot guarantee that unauthorized third parties
(including computer hackers) will not gain unauthorized access to your
information or otherwise misuse the system. Use your own best judgment when
sending information via the Internet to an email address or website or this
Site. Email sent via the Internet may pass through private and public networks
with varying levels of security. Some networks may have taken steps to secure
email transmissions while others have not, thereby compromising the privacy and
integrity of an email. An email may be copied, altered or destroyed.

4.2       Third Party Sites, Terms and Information Sharing. As you navigate
through this Site, you will be able to link to other sites for special offers or
information. Please note that we provide these links for your convenience, but
inclusion of the link does not imply endorsement by us. We do not guarantee any
third party’s performance and do not guarantee any of the services or materials
provided by any third party. The linked sites are not under our control and we
are not responsible for the contents of any linked site or any link contained as
a linked site. You may be required to accept a linked website’s separate terms
and conditions in order to access such website. Some linked sites may provide
particular, personalized services. For the linked site to provide this type of
detailed information, it may be necessary for us to provide the linked site with
specific information related to your personal information. Your acceptance of
this Agreement constitutes your agreement that we may provide such linked sites
with necessary personal information. Because we do not control the linked sites,
we encourage you to understand the privacy policies of linked sites.  Obviously,
we cannot be responsible for the privacy practices or the content of such
websites. With regard to third party information, we do not endorse or otherwise
recommend or approve any product or information located on or available through
this Site.

4.3       Mobile Device Usage and Information. You agree to the following:

(a)       Mobile usage includes any program or service accessed or used via your
mobile device (e.g. a portable computer, iPad, iPhone, smart phone, smart watch,
smart pad, or other such device) and the software modules operating within our
mobile environment and appearing on your mobile device that provide you access
to a variety of content and services.

(b)       We collect information for mobile usage, such as your device type and
hardware IDs; the request type; your mobile carrier; your mobile carrier’s user
ID; the content of your request; basic usage stats about your device; and use of
our products and services. This information does not by itself identify you to
us, though it may be unique or consist of or contain information that you
consider personal.

If you use location-enabled products and services, such as Google Maps for
mobile, you may be sending us location information. This information may reveal
your actual location, such as GPS data, or it may not, such as when you submit a
partial address to look at a map of the area.

Certain use of our products and services allows you to download and/or
personalize the content you receive from us. For these products and services, we
will record information about your downloads and preferences, along with any
information you provide about yourself. If the product or service requires you
to log in with a specific account, this information will be associated with your
account.

(c)        All requests made via your mobile device must be sent through your
mobile carrier's network and your mobile carrier may have access to it. For
information regarding your mobile carrier's treatment of your information,
please consult your mobile carrier's privacy policies.

4.4       Consent to Use Information Supplied; TCPA Consent.    In using this
Site, you may supply or be requested to supply certain contact information,
including, without limitation, your cell phone or other telephone number. You
are not required to provide a cell or other telephone number to receive services
from Company.  However, failure to provide the requested contact information may
affect our ability to quickly communicate with you and the quality of your
online and other electronic experiences with us.  Please be advised that we may
use or share contact information provided by you as part of any services we
provide with third parties for the purposes of providing this Site or any other
services, products or benefits or for marketing purposes to the extent otherwise
allowed by law.  This may include, without limitation, our use or our vendors’
or subvendors’ use of automatic telephone dialers or recorded or artificial
voices to communicate with you at any telephone number, including, without
limitation, any mobile or other mobile device numbers you have provided or any
successor to such numbers, for the purposes of supplying any services, products
or benefits or for marketing purposes.  Your providing any contact information
to Company constitutes your consent, to the maximum extent allowed by law, to
any usage by us or our vendors or subvendors of your personal information
(including, without limitation, contact information such as email addresses,
mobile or other device numbers) as referred to or otherwise stated in this
Agreement and any Privacy Policy. 

4.5.      Consent to use of Email. You agree Company may use any email address
you supply to correspond with you regarding this Site, to provide any services,
products, or benefits to you, your spouse or your dependents and to send other
communications, including, without limitation, marketing communications, to you,
your spouse or your dependents. Company also may retain this email address for
such future use as Company may determine. Additionally, Company may send email
responses to questions submitted to Company.  If you would like to update your
personal information, you may do so either via the Site customer services
functions or by calling the Customer Service department. If you are an
individual member, participant, or beneficiary, to opt-out of receiving email
communications or otherwise manage your contact information and/or preferences,
please log into the Site, click on My Profile, then click on My Contact
Information and My Contact Preferences.  If you are a health care provider, to
opt-out of receiving email communications or otherwise manage your contact
information and/or preferences, please contact us at 800-868-2510 . If you are a
health plan client or plan sponsor, to opt-out of receiving email communications
or otherwise manage your contact information and/or preferences, please contact
your BlueCross account representative.

4.6       Consent to Delivery of Notices or Documents by Electronic Means. In
addition to Sections 4.4 and 4.5 above, but subject to the limitations and
rights below, by supplying your contact information electronically, you
affirmatively consent to the delivery of notices or other documents
electronically. Please take notice of the following limitations and rights:

(a) You have a right to receive notices or other documents delivered to you in a
paper or other non-electronic form at no additional cost;

(b) If you have consented to the receipt of notices or other documents by
electronic means, then you may withdraw that consent at any time as indicated in
section 4.5 above or subsection (e) below;

(c) The notices or other documents covered by this consent include, without
limitation, the following:  enrollment documents, explanations of benefits,
notices of cancellation or termination of benefits or coverage, grants or
denials of claims, communications related to THE FILING AND payment of claims OR
TO PLAN OR OTHER CONTRACTUAL LIMITATIONS, wellness program documents, disease
management program documents, or any other documents or notices related in any
way to your RELATIONSHIP WITH COMPANY OR YOUR health benefit or other insurance
or benefit plan;

(d)  If you are an individual member, participant, or beneficiary, To obtain, at
no additional cost, a PAPER copy of any notice or document delivered to you
electronically, please CONTACT THE CUSTOMER SERVICE NUMBER ON THE BACK OF YOUR
CARD.  OTHERWISE, TO OBTAIN SUCH PAPER COPIES, IF YOU ARE A HEALTH CARE
PROVIDER, PLEASE CONTACT US AT 800-868-2510 , OR IF YOU ARE A HEALTH PLAN CLIENT
OR PLAN SPONSOR, PLEASE CONTACT YOUR BLUECROSS ACCOUNT REPRESENTATIVE;

(e) If you are an individual member, participant, or beneficiary, To withdraw
your consent to electronic receipt of notices and documents, please LOG IN TO
THE SITE AND GO TO MY PROFILE, THEN MY CONTACT PREFERENCES TO SWITCH TO SWITCH
FROM ELECTRONIC DELIVERY TO MAIL.  OTHERWISE, TO WITHDRAW YOUR CONSENT, IF YOU
ARE A HEALTH CARE PROVIDER PLEASE CONTACT US AT 800-868-2510 , OR IF YOU ARE A
HEALTH PLAN CLIENT OR PLAN SPONSOR, PLEASE CONTACT YOUR BLUECROSS ACCOUNT
REPRESENTATIVE; and

(f) If you are an individual member, participant, or beneficiary, To update your
contact information for the provision of electronic notices and documents,
please LOG IN TO THE SITE AND GO TO MY PROFILE, THEN MY CONTACT INFORMATION. 
Otherwise, TO UPDATE YOUR CONTACT INFORMTION, IF YOU ARE A HEALTH CARE PROVIDER
Please CONTACT US AT 800-868-2510 , OR IF YOU ARE A HEALTH PLAN CLIENT OR PLAN
SPONSOR, PLEASE CONTACT YOUR BLUECROSS ACCOUNT REPRESENTATIVE.

(g) FOR A LIST OF HARDWARE AND SOFTWARE REQUIREMENTS NECESSARY FOR ACCESSING AND
RETAINING THESE ELECTRONIC NOTICES OR DOCUMENTS, PLEASE USE THE FOLLOWING LINK: 

https://www.myhealthtoolkit.com/web/nonsecure/alliances/Content/My+Health+Toolkit+Hardware+and+Software+Requirements.

PLEASE NOTE THAT THESE REQUIREMENTS MAY CHANGE AND THAT YOU ARE RESPONSIBLE FOR
MONITORING THEM FOR ANY CHANGES.

4.7       Cookies and Similar Technologies.  Technologies like cookies, pixels,
device or other identifiers (collectively, "Cookies and similar technologies")
may be used to deliver, secure, and understand products and services offered by
Company. Cookies are small files that are placed on your browser or device by
the website you are viewing or app you are using. You agree, to the maximum
extent permitted by law, that Company may use cookies and similar technologies
for any reasons in support of Company’s business, including, without limitation,
for marketing purposes and for use with third parties.

4.8       Consent to Monitoring or Recording.  Through your usage of or
interaction with this Site, you, to the maximum extent permitted by applicable
law, (i) consent to Company (or any vendor or subvendor of Company) monitoring
and recording any such usage or interaction, and any devices used directly or
indirectly to achieve such interaction; and (ii) agree that this monitoring or
recording may be used for security, customer service, training, or other
business purposes.


5.         LIMITATION OF LIABILITY; WARRANTIES

5.1       By using this Site, any programs or tools on the Site, and any
third-party sites to which you may link through this 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) this
Site, (b) any program or other tool available at this Site, or (c) any
third-party site to which you may link through this 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 this 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 this 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 this Site and any link to a third-party’s site;
(b) your violation of any provisions of these Terms of Use ; (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 this
Site.

5.6       This Site is controlled and operated by the Company from offices in
the United States.  Company makes no representation that materials provided on
this 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 this Site from such other locations are responsible for
compliance with applicable local laws.


6.         DISPUTES

6.1       By using this Site, you agree that any dispute or claim arising out of
or in connection with (a) the Terms of Use, (b) any failure to perform under or
breach or termination of the Terms of Use, or (c) your use of this Site or any
link to a third-party site, or any products or services provided under or
through this 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 and legal
issues arising out of, but not exclusive to the use of, this 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 this
Site or your use of this 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 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 and the remaining
portions of these Terms of Use 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       Electronic Signature and Agreement.  You agree to conduct business
through and electronic signature and electronic agreement and that the act of
clicking the words “Continue” or “Yes” or “I agree” or any similar phrasing
anywhere in using this Site is intended by both parties to be an electronic
signature that has the same significance as a signature in ink and that both
such signature and this Agreement are considered to be in writing to the maximum
extent permitted by law. 

7.2       Except as stated in the next sentence, these Terms of Use constitute
the entire agreement of the parties with respect to the subject matter hereof. 
These Terms of Use are not intended to modify or limit any provisions in any
Privacy Policies contained or referred to on this Site.  In the event of a
conflict between this Agreement and any Privacy Policy, the broader stated use
shall apply to the extent permitted by law.  If you wish to withdraw your
consent to this usage of your information, please contact our Customer Service
department.  No waiver by either party of any breach or default hereunder is a
waiver of any preceding or subsequent breach or default. 

7.3       You agree that, if you experience any problems in using this Site or
need to request assistance in using this Site, you should contact the
following:  877-274-1715 .

7.4       This Agreement does not establish any relationship or partnership,
joint venture, employment, franchise or agency between you and us.

7.5       If any provision of this Agreement is determined to be invalid or
unenforceable, then all other provisions of this Agreement shall remain in full
force and effect.  If any provision of this Agreement is determined to be
invalid or unenforceable, then the court shall enforce this Agreement to the
maximum extent allowed by law or equity.

 

Revised: May 26, 2023


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