This User Agreement (“Agreement”) is entered into by and between BlueCross BlueShield of Tennessee, Inc. (“BCBST”) and you, the user (“you”, “your”, or “user”), and governs your use of this blog (the “Blog”).  BCBST is an independent corporation operating under a license from the BlueCross and BlueShield Association (“BCBSA”). BCBSA is an association of independent BlueCross and BlueShield Plans (The “Association”) permitted to use the BlueCross and BlueShield service marks. BCBST is licensed to use the BCBSA service marks in the State of Tennessee and is not contracting as an agent of the Association.

BY ACCESSING THIS BLOG, OR THE PRODUCTS OR SERVICES DISCUSSED IN THIS BLOG, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS THIS BLOG OR USE ANY OF THE SERVICES AVAILABLE THROUGH THIS BLOG. 

Disclaimer. Statements, including without limitation, advice and recommendations made on the Blog concerning various aspects of wellness, fitness, diet, exercise, healthcare, or health are intended solely to provide educational and informational aid and are not intended to be, nor should they be considered, a substitute for advice from a doctor or other health care service provider. Blog posts that contain opinions and experiences are solely those of the attributed author(s), and not those of BCBST, and not necessarily representative of all of those who use the products, services, methods or processes that may be discussed in the post(s).

YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES REVIEWED OR AVAILABLE THROUGH THE BLOG MAY NOT HAVE BEEN EVALUATED BY ANY U.S. OR OTHER GOVERNMENTAL AUTHORITY, INCLUDING WITHOUT LIMITATION, THE FOOD AND DRUG ADMINISTRATION (THE “FDA”), AND THAT THIS INFORMATION, PRODUCT AND/OR SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE, INJURY OR OTHER MEDICAL PROBLEM. THE BLOG SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT A MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN DOCTOR OR HEALTHCARE SERVICE PROVIDER. ALWAYS CONSULT YOUR DOCTOR OR HEALTHCARE SERVICE PROVIDER BEFORE BEGINNING ANY DIET OR EXERCISE PROGRAM.

Content. The term “Content” shall mean all copy, photographs, videos, data, information and the related subscriptions, products, services and information obtained through the Blog. BCBST has entered into agreements with third party contributors (“Third Party Contributors”) whereby BCBST may display information from the Third Party Contributors and sometimes provides links from the Blog to third-party web sites and related social media. The term “Content” also refers to Content which is offered by these Third Party Contributors. Although BCBST facilitates services and the use of Content from these Third Party Contributors, there is no legal affiliation between BCBST and the Third Party Contributors.

BCBST may also point or link to other sites maintained by third parties that may be of interest to you. BCBST provides such linking functions only as a service to you. BCBST does not guarantee that a link will be provided to enable every user to reach their intended party(ies). BCBST assumes no responsibility or control over the acts or the privacy policies of the third party web sites to which BCBST provides direct links. The fact that the Blog provides a link to a particular site does not necessarily imply a recommendation of or endorse the views expressed at that site.

Ownership. The Content found on the Blog is the property of BCBST or its licensors, licensees, and is protected under the United States Copyright Act. The logos, page headers, custom graphics, buttons, and other icons are proprietary service marks or trademarks of BCBST or its licensors (“Trademarks”). Nothing in this Agreement shall be construed as transferring or assigning any ownership rights to you or any other person or entity in the Content or Trademarks.

Restrictions. Only personal use of the Content is permitted, which means that you may access, download or print such Content for your personal, non-commercial use only. You agree not to change or delete any copyright or proprietary notice from Content downloaded from this Blog or any blog accessible through this Blog. You may not resell, redistribute, broadcast or transfer the Content or Trademarks or use the Content in a searchable, machine-readable database or file. You agree to use the Blog and the Content for lawful purposes only. You agree not to post or transmit any Content through the Blog which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right.

Monitoring/User Provided Content. You acknowledge that BCBST reserves the right to monitor any and all Content or transmissions sent or received through the Blog.  You acknowledge that the Blog includes postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (“User Provided Content”) that have been submitted by other users of the Blog. You agree that we are a community forum and not a publisher with respect to the User Provided Content, and that we are not responsible for reviewing or editing any User Provided Content. Any opinions, advice, statements, services, offers or other information contained in User Provided Content are those of their respective authors, and not of BCBST, and we do not endorse or guarantee the accuracy of such Content. We cannot and do not monitor all of the User Provided Content. By using the Blog, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. Notwithstanding the foregoing, you acknowledge that BCBST has the right (but not the obligation) to review any User Provided Content, and to reject, delete, disable, or remove any User Provided Content that we determine, in our sole discretion, (a) does not comply with these Terms and Conditions; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any User Provided Content at any time for any other reason, or for no reason.

You agree not to upload or distribute any User Provided Content, or use the Blog in any way that

(a) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;

(b) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

(c) is false or misleading;

(d) defames or disparages a third party;

(e) causes injury of any kind to any person or entity;

(f) infringes or violates the intellectual property, contract, privacy or publicity rights of a third party;

(g) violates any applicable laws, rules, or regulations;

(h) contains viruses or any other malicious design that interrupts, destroys or limits the functionality of any computer software or hardware or telecommunications equipment;

(i) impersonates another person or entity, or that collects or uses any information about other users or visitors to the Blog; or

(j) breaches or attempts to breach the security of the Blog or its website.

Submission of Ideas. If you comment on a Blog post or send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (“Ideas”), you agree to license the Ideas to BCBST as set forth below. Except as set forth in our Privacy Policy, none of the Ideas shall be subject to any obligation of confidence on the part of BCBST and BCBST shall not be liable for any use or disclosure of any Ideas. Without limitation of the foregoing, BCBST shall be entitled to unrestricted use, not inconsistent with our Privacy Policy, of the Ideas for any purpose whatsoever, without compensation to the provider of the Ideas. Unless otherwise provided, you hereby grant to BCBST a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Idea posted at the Blog or in any e-mail sent by you to BCBST (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed, except to the extent any of the foregoing would be inconsistent with the Privacy Policy of BCBST.

Link to this Blog. You may create a link from your personal computer or web site; however, you may not create a link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by BCBST; 2) cause confusion, mistake, or deception; 3) dilute the Trademarks; or 4) otherwise violate U.S. state or federal law or the law of any other jurisdiction.

Changes to the Blog. BCBST reserves the right at any time and without notice to modify the Blog. Such modifications may include, without limitation, changes in services, implementation of user priorities or rules, and discontinuance of functional aspects of the website. BCBST may also add, withdraw or modify Content within the Blog at any time in its sole discretion or cancel any link to a third party site.

Delays in Services. Neither BCBST nor any of its licensors, licensees or affiliates shall be liable for any loss or liability resulting from your inability to access the Blog or delays or interruptions due to system failures, date-data processing failures, Internet problems, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism or other like causes.

Equipment and Operation. You shall provide and maintain all software, computer hardware, Internet connection and other equipment and services necessary to access the Blog, and the costs of any such equipment and/or connections or use, including any applicable taxes, shall be borne solely by you.

Disclaimer of Warranties. YOU ACKNOWLEDGE THAT SOME OF THE CONTENT PROVIDED THROUGH THE BLOG ORIGINATES FROM SOURCES WHICH ARE BEYOND THE CONTROL OF BCBST. YOU RECOGNIZE THAT INACCURACIES MAY OCCUR AND BCBST, ITS LICENSORS AND THIRD PARTY CONTRIBUTORS DO NOT WARRANT THE ACCURACY OR SUITABILITY OF THE CONTENT. YOU AGREE THAT THE CONTENT, PRODUCTS AND SERVICES AVAILABLE TO YOU THROUGH THE BLOG ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS” BASIS. BCBST, ITS LICENSORS AND THIRD PARTY CONTRIBUTORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT.

BCBST DOES NOT WARRANT THAT THIS BLOG IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE DURATION OF EFFECTIVE WARRANTIES AND/OR THEIR DISCLAIMERS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BCBST OR ITS SUPPLIERS, VENDORS OR THIRD PARTY CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM THE USE OF THE BLOG OR ANY CONTENT INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS BLOG, THE DELAY OR INABILITY TO USE THIS BLOG, OR WITH THE CONTENT, SERVICES, PRODUCTS, MATERIALS OR OTHER RESOURCES PROVIDED HEREIN, OR THE FAILURE TO MAKE AVAILABLE ANY CONTENT, SERVICES, PRODUCTS, MATERIALS OR OTHER RESOURCES, CONTAINED ON OR ACCESIBLE THROUGH THIS BLOG, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE BLOG WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Indemnification. YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BCBST, ITS LICENSORS, AND THIRD PARTY CONTRIBUTORS (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS, DAMAGES, LAWSUITS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RESULTING FROM ANY CLAIM BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO THE CONTENT, SERVICES AND/OR PRODUCTS OBTAINED THROUGH OR PROVIDED BY THE BLOG, OR YOUR ACCESS OR USE OF THE BLOG..

Privacy. You hereby acknowledge having read and accept and agree to all terms and conditions of BCBST’s Privacy Policy, also found at bcbst.com, which are hereby incorporated in this Agreement.

No Conflicting Terms. If there is any conflict between this Agreement and any other documents regarding the subject matter of this Agreement or the services, products or Content you access, acquire or receive through the Blog, then the provisions of this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of BCBST.

Minors. If you have agreed to allow your minor child or a child for whom you are legal guardian (“Minor”) to access the Blog or any of the services or Content offered or through the site, you agree that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor’s access to and use of the site; and (c) the consequences of any use of the site by such Minor.

Attorney’s Fees. Should litigation, arbitration or other legal action arise from this Agreement, BCBST shall be entitled to recover from you, in addition to all sums to which it is entitled or any other relief, at law or in equity, its reasonable attorney’s fees and costs of litigation.

Governing Law; Venue. This Agreement shall be governed by the laws of the State of Tennessee excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. Any such claim or cause of action may only be brought in the state or federal courts located in Chattanooga, Hamilton County, Tennessee and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Tennessee as your agent for service of process. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.

Location of User. This site is controlled and operated by BCBST from its offices within the State of Tennessee, United States of America. BCBST makes no representation that material and Content found at or accessible through the Blog are appropriate or available for use in any other state. Those who choose to access this site from other states do so on their own initiative and are responsible for compliance with local laws.

Waiver. BCBST’s failure to insist upon strict enforcement of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any such provision or right. Any waiver by BCBST of any right or provision herein shall only be by a writing signed by an authorized officer of BCBST.

Assignment. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of BCBST. Any assignment other than as provided for in this Section shall be null and void, ab initio.

Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement.

Entire Agreement. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND BCBST WITH RESPECT TO THE SUBJECT MATTER ADDRESSED HEREIN.

Modification to this Agreement. BCBST may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions. Accordingly, you agree to review the terms and conditions periodically, and your continued use of this Blog shall be deemed your acceptance of the modified terms and conditions.

Child Online Protection Act Notification. This Blog is not intended for children under the age of thirteen (13). Pursuant to 47 U.S.C. Section 230(d) as amended, BCBST hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Notice and Procedure for Copyright Infringement Claim. BCBST shall respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other claims of infringement of intellectual property rights or of libel, slander or invasion of privacy, which response may include removing or disabling access to Content claimed to be the subject of infringing activity or other claims. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, or that you have been libeled, slandered or your privacy invaded, please advise BCBST at BlueCross BlueShield of Tennessee, Inc., ATTN: General Counsel, 1 Cameron Hill Circle, Chattanooga, TN 37402. [email protected]. Any notice of alleged copyright infringement you send to BCBST should contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material, i.e., a link to the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

You may contact BCBST ([email protected]) with questions about these Terms and Conditions or the Blog.