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IMPORTANT:
Please be sure to read the following BEFORE you proceed in this Web site. If
you use this Web site, you are bound by the following rules and agreement,
whether you read them or not.
We appreciate your visit to our Web site. To be sure that you understand the
purpose and intended use of the Web site, we have established certain rules for
use of the site, including an agreement you automatically accept by opening and
reviewing any page or materials within the Web site. If you do not wish to
follow our Web site rules and enter into this Web site agreement with us,
please exit the Web site now. By proceeding to access any page within this Web
site, you agree to the following rules and terms of use:
Ownership of this Web site and use of Web site materials
This Web site is owned and operated by Arkansas Blue Cross and Blue Shield
(ABCBS), A Mutual Insurance Company. All data or information contained in this
Web site is and shall remain the exclusive property of ABCBS (ABCBS Data). By
using this Web site, you agree to respect the ownership rights and rules of use
of ABCBS, including the right of ABCBS to monitor this Web site at any time and
the right of ABCBS to process, retain, copy and, subject to our confidentiality
policy and applicable laws or regulations, use and disclose any information you
may provide to ABCBS through this Web site. See our Privacy Statement.
You agree not to copy, download, disclose, distribute, transfer, publish or
e-mail any ABCBS Data without the prior, written consent of ABCBS, or as
further expressly authorized in this "Ownership" section.
You are authorized to download one copy of any ABCBS Data on this Web site for
your own personal use, provided you (a) do not use the ABCBS Data for any
commercial purpose and (b) do not remove, mask or obscure any copyright,
trademark, service mark, patent or other intellectual property rights, notices
or symbols set forth in the ABCBS Data.
Limitation and release of ABCBS from liability
As a condition of your use of this Web site, and of your access to any ABCBS
Data herein, you agree that neither ABCBS nor any affiliated company nor any
director, officer, employee or agent of ABCBS or its affiliated companies
(ABCBS Parties) shall be liable to you for any harm, injury or loss you may
suffer which allegedly is caused by or related to your access to this Web site
or the content, style, accuracy, inaccuracy, currency or staleness of any ABCBS
Data or other information contained or reflected within this Web site.
By using this Web site, you agree to waive and release the ABCBS Parties from
all liability whatsoever which may be caused by, arise from, or in any way
relate to your use of this Web site, including but not limited to any direct,
indirect, incidental, special, consequential, exemplary or punitive damages,
physical or mental injury or loss, economic loss, loss of profits, injury to
reputation or credit standing, emotional distress, psychological injury or loss
or other damage or injury of any kind ("Losses"), regardless of whether such
Losses allegedly arise from negligence, breach of contract, breach of warranty,
breach of fiduciary duty, strict liability or tort.
You agree that if you are not satisfied with the content or operation of this
Web site or with the content, use or effect of any ABCBS Data, or if you
believe that your access to this Web site or any ABCBS Data has in any way
caused injury to you, your sole and exclusive remedy shall be to exit the Web
site and refrain from any further access or use.
Important disclaimers — What we are NOT responsible for
As a condition of your use of this Web site, and of your access to any ABCBS
Data herein, you agree that ABCBS and the ABCBS Parties are NOT RESPONSIBLE
FOR:
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Errors, omissions or inaccuracies in the Web site or in any ABCBS Data.
We will try to avoid errors, but you should not expect information in this Web
site to always be current, accurate or error-free because human or machine
error may occur, and information may become outdated before we can update this
Web site; in addition, there is always a possibility of "hackers" or other
unauthorized postings to this Web site, which we may not be able to prevent,
detect or deter. ABCBS cannot and does not guarantee or represent the accuracy,
timeliness, reliability or completeness of any ABCBS Data or other information
contained in or accessed through this Web site.
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Warranties or representations of any kind.
ABCBS does not make any warranties or representations of any kind to you or to
any other visitor to or user of this Web site. All ABCBS Data or other
information you may access or receive through this Web site is provided "AS IS"
without warranties of any kind, express or implied. This disclaimer of
warranties and representations includes but is not limited to any implied
warranties of merchantability or fitness for a particular purpose, or of
non-infringement of any ownership or intellectual property rights of any third
party.
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Viruses, contamination or other technical or system problems, damages or
errors.
ABCBS will not be responsible for any virus or contamination you or your
computer programs or equipment may experience during or as a result of your
access to this Web site or your access to, downloading or use of any ABCBS
Data, nor will ABCBS be responsible for any problems, damages or errors
associated with your access to this Web site, or your access to, downloading or
use of any ABCBS Data. In using or accessing this Web site, you assume 100
percent of all risks associated with such access or use, including but not
limited to any risk of viruses or contamination, any software, hardware or
other problems or losses, or any damages or errors related to such access or
use.
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Providing links to other sites, the content of other sites, or the conduct of
the owners of other sites.
You may see opportunities within this Web site to link to other Web sites, an
option we may provide from time to time purely as a convenience service to Web
site visitors. If you choose to access other Web sites from this Web site, you
agree, as a condition of choosing any such link or access, that ABCBS is not
and shall not be responsible or liable to you or to others in any way for your
decision to link to such other Web sites. You further agree that ABCBS and the
ABCBS Parties are not responsible for the content of any other Web site to
which you may link, nor are ABCBS or the ABCBS Parties liable or responsible
under any circumstances for the activities, omissions or conduct of any owner
or operator of any other Web site. Once you choose to link to another Web site,
you understand and agree that you have exited this Web site and are no longer
accessing or using any ABCBS Data. You understand and agree that by making any
third-party Web site link available as an option to you, ABCBS does not in any
way endorse any such Web site, nor state or imply that you should access such
Web site or obtain or use any services, products or information which may be
offered to you through such other Web sites or by the owner or operator of such
other Web sites. The owners or operators of any other Web sites (not ABCBS) are
solely responsible for the content and operation of all such Web sites. ABCBS
makes no warranties or representations of any kind, express or implied, nor of
merchantability or fitness for a particular purpose, nor of non-infringement,
with regard to the content or operation of any other Web site to which you may
link from this Web site.
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Acts or omissions of any other person, company or entity.
You agree that ABCBS is not and shall not be responsible or liable to you or to
others for any conduct, misconduct, mistakes, errors or omissions of any other
person or company which may in some way affect your access to or use of this
Web site or of ABCBS Data, or the operation or content of this Web site,
including but not limited to the acts or omissions of unknown third parties,
unauthorized users or "hackers," Internet service providers, competitor
companies, utility companies, governments, courts, law enforcement authorities,
or local, state or federal regulatory agencies.
Improper use prohibited
By accessing or using this Web site, you agree to use it and the ABCBS Data made
available herein solely for your own personal use in the manner in which it is
intended and for the legitimate business and informational purposes for which
the Web site is operated by ABCBS. You further agree that you shall not use or
attempt to use this Web site or any ABCBS Data or other information obtained
herein for any unlawful or harmful purpose, including but not limited to any
sabotage, industrial or economic espionage, defamation of any person or company
or the humiliation, harassment, intimidation or threatening of any other person
or company. You agree that you will not employ at any time nor attempt to enter
into the Web site any improper data, comments, statements or materials of any
kind, including but not limited to any false, fraudulent, defamatory, or
scandalous data, statements or accusations, any profanity, any pornographic or
sexually explicit materials, images, depictions, diagrams, drawings,
illustrations, video displays or references of any kind, nor any material
containing or designed or intended to convey any insults to another person
based on race, sex, national origin, ethnicity, age, color, disability, sexual
orientation or religion. You understand and agree that this Web site is a
private enterprise owned and operated exclusively for business purposes of
ABCBS and its affiliated companies, and as such that this Web site shall not be
used by you to solicit any business apart from the products, goods or services
offered to Arkansas residents by ABCBS, nor shall this Web site be used by you
to promote any personal, political or religious agenda or philosophy of you or
any other person or organization.
You agree that ABCBS shall be entitled, if it so chooses, to take steps to bar
your continued use or access to this Web site in the event of any improper
activity of any kind and further that ABCBS may report any such improper
activity to appropriate civil or criminal authorities or agencies, either
local, state or federal, and may in certain instances pursue civil action or
criminal charges and prosecution against violators.
Jurisdiction and remedies for violation of rules
If you violate any of these Web site rules, or if there is any dispute between
you and ABCBS relating to your access to or use of the Web site or to the ABCBS
Data, you agree that you will be subject to the personal jurisdiction of the
courts of Pulaski County, Arkansas, for all purposes relating to any civil or
criminal action in connection with your violation or with regard to any dispute
between you and ABCBS related to this Web site. In the event of any violation
of these rules, you agree that, in addition to other remedies that might be
available, ABCBS shall be entitled to an injunction against you to stop such
violations.
Product offerings limited to Arkansas residents
While it is possible that you may access this Web site from any state in the
United States, you understand and agree that the health insurance and health
plan business of ABCBS is limited to the state of Arkansas and that ABCBS does
not solicit or seek to place any insurance coverage outside the state of
Arkansas. Accordingly, you agree that if you are a non-resident of Arkansas,
you will disclose your residency accurately and completely and will not accept
any health insurance or health plan offering or solicitation of ABCBS even if
some such offering or solicitation is mistakenly or inadvertently directed to
you as a non-resident of Arkansas, either by machine or human error.
Cooperation, release of data and privacy policy
By accessing or using this Web site, you agree to cooperate fully with ABCBS to
promote the proper use and working of the Web site, and to identify, report or
investigate any improper use or conduct in connection with the Web site. You
agree to promptly report to ABCBS any improper use of the Web site or ABCBS
Data, or any improper or unauthorized content or information displayed within
the Web site.
If you enter any data on any Web page or location within this Web site, or
otherwise provide data in response to the Web site or in connection therewith,
you authorize the release of such data to ABCBS and to all affiliated
companies, employees or agents of ABCBS whose access to such data is related to
the business operations of ABCBS or its affiliated companies. This
authorization for release of data is subject to the confidentiality policies of
ABCBS, and requirements of applicable laws and regulations. While ABCBS will
treat personally-identifiable data you may enter or submit via this Web site as
confidential to ABCBS and its affiliated companies, ABCBS cannot and does not
guarantee that data you enter or submit on this Web site is secure or will not
be accessible to unauthorized third parties or unintended recipients. See our
Privacy Statement.
No legal, medical or other advice offered or intended
You understand and agree that nothing contained in this Web site or the ABCBS
Data is intended or shall be construed as any kind of advice or counseling to
you. This Web site does not offer legal advice, medical advice, health advice,
nor any other form of advice or counseling. In making any decisions regarding
any matter addressed in this Web site you should not rely on ABCBS or the ABCBS
Data for advice as to laws or regulations, or your financial, physical or
mental well-being or general health or nutrition. Regardless of any material
contained in this Web site or the ABCBS Data, you should ALWAYS CONSULT YOUR
OWN PHYSICIAN ON ANY MEDICAL MATTERS, AND YOUR OWN ATTORNEY ON ANY LEGAL OR
REGULATORY MATTERS.
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