Web site usage agreement between user and Blue Cross and Blue Shield of North Carolina Foundation
You (“you” or the “User”) have a nonexclusive, nontransferable, limited and revocable right to use the Web site solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. User will not use the Web Site for any other purpose, including any commercial purpose, without the Foundation’s express prior written consent. User agrees to cooperate with the Foundation in causing any unauthorized use to immediately cease.
LIST OF RESTRICTIONS
Neither the Web site nor any element thereof, including, without limitation, text, graphics, images or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed. However, you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification or obfuscation. You may not modify or prepare derivative works based upon the Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the Web site. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site.
RESERVATION OF RIGHTS
All rights, titles and interests in and to this Web site are owned by the Foundation. All trademarks, service marks and trade names are also proprietary to the Foundation, Blue Cross and Blue Shield of North Carolina or the Blue Cross and Blue Shield Association. Blue Cross and Blue Shield of North Carolina is an independent licensee of the Blue Cross and Blue Shield Association. None of the items mentioned herein may be used without the express written consent. All rights are reserved by the Foundation.
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUITABILITY OF THE CONTENT CONTAINED ON THE WEB SITE. THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOUNDATION DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. THE FOUNDATION MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL THE FOUNDATION BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE FOUNDATION IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USER. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEB SITE USAGE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
LINKS TO THIRD PARTIES’ WEB SITES
The Foundation may have provided links and pointers to Internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on this site. These sites are independently owned and operated by third parties, who have their own privacy practices. The third party materials in this site and the third party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Foundation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. The Foundation does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Except as described otherwise, all materials in the Foundation site are made available only to provide information about the Foundation. The Foundation controls and operates this site from its headquarters in Durham, North Carolina, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
GENERAL TERMS AND CONDITIONS
This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the State of North Carolina, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of North Carolina, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Orange, North Carolina, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the North Carolina courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and the Foundation as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent or employee of the Foundation and the Foundation shall not be liable for any representation, act or omission of the User.
The Foundation’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of the Foundation’s right to comply with law enforcement requests or requirements relating to the User’s use of this Web site or information provided to or gathered by the Foundation with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and the Foundation with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Foundation with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Foundation or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Foundation Web site, and (b) all related documentation and all copies and installations (collectively, the “Materials”). The Foundation may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination you must destroy all materials.
As a condition of use of this Web site, the User agrees to indemnify the Foundation, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees) and damages arising out of legal claims resulting from User’s use of this Web site, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.