Terms of Use
Revised (08/15/2023)
IMPORTANT: ALL END USERS MUST READ THESE TERMS OF USE
Welcome to Blue365deals.com (the “Site”). These are the Blue Cross and Blue Shield Association (“BCBSA,” “we,” “our,” or “us”) terms and conditions (hereinafter, the “Agreement” or “Terms of Use”) applicable to the use of and access to the Site by you (“End User” or “you”). Note that this Site is intended to be used by users above the age of 18.
PLEASE NOTE THAT THESE TERMS OF USE CONTAIN ARBITRATION PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN BCBSA AND YOU, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE SEE THE LEGAL DISPUTES SECTION FOR COMPLETE DETAILS AND REVIEW CAREFULLY.
1. Acceptance of Terms of Use.
As a part of and through the Site, BCBSA (as defined in Section 2 below) provides an interactive online service on the Internet, consisting of information, content, and transaction capabilities provided by BCBSA, its affiliates, contractors, agents, consultants, Blue365 Vendors, and other third parties. This Agreement sets forth the terms and conditions that apply to the use of the Site by the End User. By using the Site, End User agrees to comply with all of the terms and conditions herein. The right to use the Site is personal to End User, and is not transferable to any other individual, person, or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the BCBSA, and the BCBSA Group shall not be responsible or liable for an End User’s use of the Site or loss of data while transmitting information on or making use of the Site.
While it is the objective of BCBSA to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that the Site may be interrupted, suspended, or terminated from time to time.
BCBSA shall have the right at any time to change or discontinue any aspect or feature of the Site, including, without limitation, content, proposed Blue365 offers, hours of availability, and equipment needed for access or use. Further, BCBSA may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics at any time.
Your use of the Site is solely at your own risk and subject to all applicable international, federal, state, and local laws and regulations. BCBSA will not be liable for any loss resulting from a cause over which it does not have direct control, including, without limitation, 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.
By using the Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, stop using the Site and exit immediately.
2. Overview.
Your privacy is important to us, and we will protect it consistent with best practices and applicable law. We will not share your personal information with anyone other than in accordance with these Terms of Use, our Privacy Policy, Member Authorization, or E-mail Authorization. Please click on the corresponding document to read our Privacy Policy, Member Authorization, and E-mail Authorization.
Your use of the Site may involve the opportunity for you to purchase special deals (“Blue365 Deals,” as described herein) for the products and services of third-party vendors and suppliers (“Blue365 Vendors”). As a condition of purchase, we require your permission to send you administrative e-mails, text messages, or both, regarding your account activity, such as password re-setting, responses to your inquiries, and your purchases. We may also send you promotional e-mails, text messages, or both, with updates about products, services, and offers. You can opt-out of our promotional e-mails any time by clicking the unsubscribe link at the bottom of any of our promotional e-mails; and you can opt-out of our text messages at any time by replying “STOP” to any text message received from BCBSA. By placing an order with respect to a specific Blue365 Deal, you make an offer to purchase products or services you have selected based on standard conditions and restrictions applicable to that particular offer, Blue365 Vendor-specific restrictions, the terms and conditions stated in this Agreement, the Privacy Policy, and applicable law.
You are required to create an account in order to purchase any product or service from the Site. An account is required to validate your Blue Company affiliation as well as to provide you with the ability to select favorite deals, modify your preferences, and for our compliance with applicable law. Neither BCBSA nor any of its independent, local Blue Cross and/or Blue Shield Companies (each a “Blue Company,” and collectively, “Blue Companies”), nor any of our or their respective affiliates, contractors, agents, consultants, or other third parties (collectively, the “Third Parties”) involved with creating, managing, operating, or otherwise assisting with the Site, assume any responsibility for third-party products or services for which promotion codes (“Promo Codes”) may be redeemed or coupons (“Coupons”) used.
When accessing all portions of the Site, you authorize the use of tracking technologies that inform BCBSA on how the Site is being used, including clicks, page views, time on each page, and other analytic information. Further, when creating an account through the Site you, (1) authorize your Blue Company to provide BCBSA with information necessary for administration of your account, including your status as a member of a health plan offered or administered by your Blue Company (your “Blue Company affiliation”); and (2) you grant BCBSA permission to collect and share your information (including your name, e-mail address, Blue Company affiliation, gender, language, age, and/or other geolocation information) with Third Parties and Blue365 Vendors. By using the Site, other third party analytics Vendors may collect information, such as IP address, Internet or mobile browser or device information, and share such information with BCBSA. You also grant the BCBSA and its Third Parties permission to send you e-mails or text messages and forward your e-mails, text messages, and any attachments to other Third Parties to communicate directly with you and assist you with your purchases and other administrative and promotional matters. Information that you make available to us when creating your account and using any portion of the Site is not protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. Your access to and use of the Site is conditioned on your voluntary grant of permission to our use of your information as described in this Agreement and Privacy Policy. You may change your user profile on the Site, and opt-out of e-mails, opt-out of text messages, or revoke the authorization you give to your Blue Company or other permissions described above at any time by sending your request in writing specifying your instructions to the following address:Blue365 Member Services, 225 North Michigan Ave., Chicago, IL 60601-7680,or via e-mail to: support@Blue365deals.com, opens a new window. BCBSA will make commercially reasonable efforts to implement any such change within five (5) business days. Your revocation of authorization or permission under this Agreement will not affect any use or disclosure of your information by Third Parties prior to BCBSA’s receipt of your revocation and BCBSA’s response to your confirmation of such revocation the date on which BCBSA implements the change. Further, the only way to opt-out of BCBSA’s continued collection and use of analytic information related to your usage of the Site is to stop using the Site.
BCBSA does not make any warranty to End Users for the quality, safety, usability, or other aspect of any product or service for which a Promo Code is redeemed or a Coupon used. All End Users are individuals who create a Blue365 account and are members of a Blue Company that participates in the Blue365 Program. Some services or products for which Promo Codes can be redeemed or Coupons used may cause bodily harm, and for such services or products, BCBSA does not assume any responsibility or liability to the End User. The End User assumes full responsibility and liability for his or her own actions in utilizing the services or products. See Sections 6 and 8 below for more information on this limitation of liability.
Each Promo Code and Coupon is subject to the terms and conditions of the Blue365 Vendor. The Blue365 Vendor may be the only provider of its corresponding products or services using the Site. If you have any questions about a Blue365 Vendor’s terms and conditions, please contact BCBSA at support@Blue365deals.com, opens a new window.
3. Modified Terms.
BCBSA reserves the right at all times to discontinue or modify any of these Terms of Use as it deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. BCBSA suggests to you, therefore, that you re-read these Terms of Use from time to time in order to stay informed as to any such changes. Any modifications to these Terms of Use shall be effective immediately upon BCBSA’s posting thereof. Any use of the Site by End User after such posting shall constitute acceptance by End User of such modifications.
4. Arbitration; Applicable Law.
By using the Site, End User agrees that any dispute or claim involving BCBSA and arising out of or in connection with these Terms of Use, or the performance, breach, or termination thereof, or the Site or any Third-Party Site accessed via the Site or made available to the End User through the Blue365 Program (as defined in Section 19 below), or any products or services provided under or through the Site, shall be finally settled by arbitration in Chicago, Illinois, under the rules of arbitration of the American Arbitration Association. The rules are found here. These Terms of Use and legal issues arising out of, but not exclusive to the use of, the Site or any Third-Party Site accessed via the Site or made available to the End User via the Blue365 Program (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Illinois (exclusive of its rules regarding conflicts of laws). The Site is controlled and operated by certain entities of BCBSA from offices located within the United States. BCBSA makes no representation that materials in the Site or the products or services provided under or through the Site are appropriate or available for use in other locations, and access to them from territories where their contents or the products or services are illegal or otherwise restricted is prohibited. If you choose to access or make use of the Site from other locations, you do so at your own volition, and you are solely responsible for compliance with applicable laws. YOU AND BCBSA AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE HEREOF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
5. Jury Trial Class Action Waiver.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO LITIGATE CLAIMS OR DISPUTES RELATED TO THE SITE OR YOUR USE OF THE SITE IN STATE OR FEDERAL COURTS. ANY DISPUTE RESOLUTION PROCEEDINGS CONNECTED TO THE SITE OR YOUR USE OF THE SITE, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
6. Disclaimer of Warranty.
The Site offers access to savings on health and wellness products and services and other interesting items that End Users may purchase from Blue365 Vendors, which are different from covered benefits under your policy(ies) with your local Blue Company, its contracts with Medicare, or any other federally-funded healthcare program. To find out what is covered under your policy(ies), contact your Blue Company. The products and services described on the Site are neither offered nor guaranteed under your Blue Company’s contract with the Medicare program. In addition, the products and services offered on the Site are not subject to the Medicare appeals process. Any disputes regarding your insurance products and services may be subject to your Blue Company’s grievance process. BCBSA may receive payments from Blue365 Vendors. Neither BCBSA nor any Blue Company recommends, endorses, warrants, or guarantees any specific Blue365 Vendor’s product or service available through the Site.
7. No Investment Advice.
No investment advice is, or will be, provided by BCBSA or any Blue Company on or in connection with the Site, or in connection with any financial education, advice, or other services, products, or materials (“Financial Products/Services”) that End Users may access or obtain through the Site. No specific recommendations for buying or selling any particular security or other investment will be given, or deemed given, to any End User who receives any such Financial Products/Services. BCBSA and the Blue Companies do not and will not serve any End User as a fiduciary or party in interest, as defined and interpreted under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1101 et seq. (“ERISA”), as amended from time to time.
8. No Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THE SITE AND ANY THIRD-PARTY SITE ACCESSED VIA THE SITE OR MADE AVAILABLE TO THE END USER VIA THE BLUE365 PROGRAM IS AT END USER’S SOLE RISK. NEITHER BCBSA NOR ANY OF THEIR RESPECTIVE ENTITIES, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, VENDORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCT OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE OR ANY THIRD-PARTY SITE ACCESSED VIA THE SITE OR MADE AVAILABLE TO THE END USER VIA THE BLUE365 PROGRAM. THE SITE AND THE THIRD-PARTY SITES ACCESSED VIA THE SITE OR MADE AVAILABLE TO THE END USER VIA THE BLUE365 PROGRAM ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION , WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY 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 RECORD OR INFORMATION OR OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT BCBSA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY END USER OR THIRD-PARTY UNDER OR THROUGH THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL BCBSA, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING, MANAGING, AND/OR OPERATING THE SITE OR THE CONTENTS THEREOF, INCLUDING ANY THIRD-PARTY SITE ACCESSED VIA THE SITE OR MADE AVAILABLE TO THE END USER VIA THE BLUE365 PROGRAM AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, IN EXCESS OF THE ACTUAL AMOUNT, IF ANY, PAID BY THE END USER WITH RESPECT TO THE SPECIFIC TRANSACTION AT ISSUE.
END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION 8 SHALL APPLY TO ALL CONTENT ON THE SITE AND ANY THIRD-PARTY SITE ACCESSED VIA THE SITE OR MADE AVAILABLE TO THE END USER VIA THE BLUE365 PROGRAM. IN ADDITION TO THE TERMS OF USE SET FORTH HEREIN, NEITHER BCBSA, NOR ANY OF ITS OR THEIR ENTITIES, AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE OR ANY OF THE THIRD-PARTY SITES ACCESSED VIA THE SITE OR MADE AVAILABLE TO THE END USER VIA THE BLUE365 PROGRAM OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PUNITIVE, OR CONSEQUENTIAL DAMAGES. BCBSA IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN END USER, SUBSCRIBER, OR OTHER UNAUTHORIZED USER MAY POST ON THE SITE OR ANY OF THE THIRD-PARTY SITES ACCESSED VIA THE SITE OR MADE AVAILABLE TO THE END USER VIA THE BLUE365 PROGRAM.
9. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site and all charges related thereto. BCBSA shall not be liable for any damages to the End User’s equipment resulting from the use of the Site.
10. End User Conduct.
The Site is intended only for use by End User. End User shall not share his or her log-in or identification number required to access and make use of the Site. The Site and any individual sites, publisher sites, advertiser sites, or Blue365 Vendor-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with the Site (“Third-Party Sites”) are private property. All interactions on the Site and/or the Third-Party Sites must comply with these Terms of Use, except to the extent Third-Party Sites maintain different or conflicting Terms of Use for their Sites. Although we welcome and encourage user interaction on the Site, we insist and require that End User restricts any and all activity in connection with the use of the Site and the Third-Party Sites to that which involves lawful purposes only. Any conduct by an End User that in BCBSA’s exclusive discretion restricts or inhibits any other End User from using or enjoying the Site and/or any of the Third-Party Sites is strictly prohibited. The foregoing provisions of this Section 10 apply equally to and are for the benefit of BCBSA and each Blue Company, its and their subsidiaries, affiliates, and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
11. Proprietary Rights.
Everything located on or in the Site, including the Third-Party Sites, is the exclusive property of BCBSA or other Third Parties, but is used with express permission of the copyright and/or trademark owner. BCBSA or Third Parties are the owners of the copyright in the entire content (including images, text, and look and feel attributes) of the Site and reserves all rights in that regard. ANY COPYING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF BCBSA IS STRICTLY PROHIBITED. Removing or altering the copyright notice on any material on the Site is prohibited. Any commercial use of the Site content is prohibited without the prior written consent of BCBSA. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, sound, and the entire contents of BCBSA or other Third Parties is protected by copyright as a collective work under the United States copyright laws. BCBSA or Third Parties own a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it, or owns the right to use such material. BCBSA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download, print, and save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under applicable copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of BCBSA and the copyright owner is permitted. If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. End User acknowledges that End User does not acquire any ownership rights by downloading copyrighted material.
The trademarks used on the Site are trademarks of BCBSA and Third Parties are used with appropriate permissions; all rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on are the property of their respective owners. Trademarks that are located within or on the Site or a web site otherwise owned or operated in conjunction with any Third Parties shall not be deemed to be in the public domain but rather the exclusive property of BCBSA or Third Parties (or their licensed or permitted property, as appropriate), unless such web site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of BCBSA and Third Parties, unless otherwise stated. Third Parties do not have any express burden or responsibility to provide End User with indications, markings, or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked.
12. Communications with the Site.
BCBSA welcomes your feedback and suggestions about how to improve the Site or any of the content. By transmitting any communications, suggestions, information, material, or other content (collectively, “Content”) to BCBSA you automatically (a) grant BCBSA a 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 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, and (b) authorize BCBSA and Blue365 Vendors to respond to your communication to BCBSA and/or any of the Blue365 Vendors. Further, BCBSA is free to use any and/or none of the ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to the Site for any purpose whatever, including, without limitation, creating and marketing products and/or services using such information. BCBSA is not responsible and shall not be liable for content posted to the Site by visitors or persons other than BCBSA employee spokespersons while acting in official capacities. Opinions or comments contained in content reflect the views of the author and not of BCBSA, unless BCBSA expressly states the contrary.
End User also permits any other End User to access, view, store, or reproduce the communications or other Content for that End User’s personal use. End User hereby grants BCBSA the right to edit, copy, publish, and distribute any communications or other Content made available on the Site by End User. The foregoing provisions of this Section 12 apply equally to and are for the benefit of BCBSA and shall have the right to assert and enforce such provisions directly or on its own behalf.
13. Digital Millennium Copyright Act (“DMCA”).
BCBSA complies with the DMCA. If you have a concern regarding the use of copyrighted material on the Site, please contact BCBSA at Blue365 Member Services, 225 North Michigan Ave., Chicago, IL 60601-7680, or alternately, you may send such concern via e-mail to: support@Blue365deals.com, opens a new window. The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following: (a) a physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (e) a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we will remove or block access to the allegedly infringing material, and may terminate the End User’s account per these Terms of Use. If you believe in good faith that a notice of copyright infringement has been wrongly filed, you may submit a counter-notice to BCBSA at Blue365 Member Services, 225 North Michigan Ave., Chicago, IL 60601-7680, or alternately, you may send the counter-notice via e-mail to: support@Blue365deals.com, opens a new window. If we receive a valid counter notification, the DMCA provides that the removed or blocked information may be restored or access re-enabled. We may replace the removed material and cease disabling access to it in not less than ten (10) business days following receipt of the counter notification, unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Site.
14. Monitoring.
BCBSA directly or indirectly through Third Parties shall have the right, but not the obligation, to monitor the content of the Site at all times, including any ratings and comments that may now or hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by BCBSA, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, BCBSA directly or indirectly through Third Parties shall have the right to remove any material that BCBSA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
15. Privacy.
End User acknowledges that all discussion for ratings, comments, and/or other message or communication facilities (collectively, “Group(s)”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. BCBSA does not control or endorse the content, messages, or information found in any Group, and, therefore, BCBSA specifically disclaims any liability concerning the Groups and any actions resulting from End Users participation in any Group, including any objectionable content. Generally, any communication which End User posts to any part of the Site (whether in ratings or comments) is considered to be non-confidential. If particular web site pages permit the submission of communications that will be treated by BCBSA as confidential, that fact will be stated on those particular web site pages. By posting comments, messages, or other information on the Site, End User grants BCBSA the right to use such comments, messages, or information for promotions, advertising, market research, or any other lawful purpose. For more information, see our Privacy Policy.
16. Indemnification.
End User agrees to defend, indemnify, and hold harmless BCBSA and Third Parties whose Sites are accessed via the Site or made available to the End User via the Blue365 Program and its and their affiliates and respective directors, officers, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including, without limitation, to reasonable attorneys’ fees and costs, arising from (a) End User’s use of or access to the Site and/or the Third-Party Sites, (b) End User’s violation of any provisions of this Agreement, (c) End User’s violation of any third-party right, including, without limitation, any copyright, property, or privacy right, or (d) any claim that any communications or other Content submitted by End User causes damage to a third party. This defense and indemnification obligation specifically will survive the termination of this Agreement and your use of the Site.
17. Reservation of Rights and Release.
BCBSA reserves the right, but has no obligation, to monitor or take any action BCBSA deems appropriate regarding disputes that End User may have with other customers of ours or with any Blue365 Vendor. To the extent the law permits, End User releases BCBSA and Third Parties whose Sites are accessed via the Site or made available to the End User via the Blue365 Program from any claims or liability related to any communications or other Content posted on the Site and from any claims related to the conduct of any other customers or other End Users or Vendor. You hereby waive California Civil Code § 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
18. Termination.
BCBSA may terminate this Agreement or your access to and use of the Site at any time. Without limiting the foregoing, BCBSA shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which BCBSA, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement, or for other reasons at its sole discretion. Sections 2 through 12 and 15 through 33 shall survive termination of this Agreement.
19. Third Party Content.
BCBSA, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by individual Blue365 Vendors and other third parties and End Users. Accordingly, BCBSA and Third Parties whose Sites are accessed via the Site or made available to the End User via the Blue365 Program have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by individual Blue365 Vendors and other third parties, including information providers or any other end users are those of the respective author(s) or distributors, and not BCBSA. Neither BCBSA nor any Third Parties whose Sites are accessed via the Site or made available to the End User via the Blue365 Program, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. (Refer to Sections 6 and 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the Content available through the Site represents the opinions and judgments of the respective information provider, End User, or other user not under contract with BCBSA, and BCBSA does not endorse or is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized BCBSA employee spokespersons while acting in official capacities. Under no circumstances will BCBSA or Third Parties whose Sites are accessed via the Site or made available to the End User via the Blue365 Program be liable for any loss or damage caused by an End User’s reliance on Content obtained on or through the Site or Third-Party Sites accessed via the Site or made available to the End User via the Blue365 Program. It is the responsibility of each End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc. or other content available through the Site and Third-Party Sites accessed via the Site or made available to the End User via the Blue365 Program. The Site contains links to third-party web sites maintained by individual Blue365 Vendor and other content providers. These links are provided solely as a convenience to you and not as an endorsement by BCBSA of the contents on such individual Blue365 Vendor and other Third-Party Sites and BCBSA hereby expressly disclaims any representations regarding the content or accuracy of materials on such individual Blue365 Vendors and Third-Party Sites accessed via the Site or made available to the End User via the Blue365 Program. If you decide to access linked individual Blue365 Vendor or other Third-Party Sites, you do so at your own risk. BCBSA does not control, endorse, promote, or have any affiliation with any other web site unless expressly stated in the Site. Unless you have executed a written agreement with BCBSA expressly permitting you to do so, you may not provide a hyperlink to the Site from any other web site. BCBSA reserves the right to revoke its consent to any link at any time in its sole discretion.
20. Links to Other Web Sites.
The Site 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. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which BCBSA exercises no control, and BCBSA 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 individual Blue365 Vendor and other third-party sites.
21. No Medical Services or Advice.
Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, medical advice. No doctor-patient relationship is established between BCBSA and you by reason of your use of the Site or under any circumstances whatsoever. The Content in the Site is for general informational purposes only. If you have questions about medical issues, sensitive or confidential matters, or other medical or health information or services expressly or implicitly referenced in the Site, you should contact your own appropriate health professionals.
22. No Legal Advice.
Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between BCBSA and you by reason of your use of the Site or under any circumstances whatever. The Content in the Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in the Site, you should contact your own appropriate legal counsel.
23. Securities Information.
The Site 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 Site may contain Content or press releases about BCBSA, and although this information was believed to be accurate as of the date prepared, BCBSA disclaims any duty or obligation to update such information. To the extent that any Content is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended from time to time, such Content 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.
24. No Solicitation or Offer.
Portions of the Site may be designed to provide general information about BCBSA and the Blue Companies, and its and their respective health care insurance products and services. Information on the Site is NOT intended to constitute an offer to sell or a solicitation or an endorsement of any particular health care insurance product or service of any Blue Company. Some health care insurance products and/or services may not be available in all states or countries and in many instances may be offered only through employers or Blue Companies and their affiliates or other BCBSA licensees. BCBSA is a trade association comprised of independent, locally-owned and operated Blue Cross and Blue Shield companies.
25. Electronic Communications.
The communications between you and BCBSA will be through electronic means, whether you visit the Site, send us e-mails, or text messages, or whether we post notices on the Site or communicate with you via e-mail or text messages. Once you opt-in to receive e-mails, text messages, or both from us, and unless and until you elect to opt out of receiving e-mails, text messages, or both from us, for contractual purposes, you: (a) consent to receive communications from BCBSA or Third Parties in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BCBSA or Third Parties may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may revoke your authorization for us to send you promotional e-mails, text messages, or both pertaining to the Site, the Blue365 Program, Blue365 Deals and other matters at any time by sending your request in writing specifying what you want to do to the following address: Blue365 Member Services, 225 North Michigan Ave., Chicago, IL 60601-7680, or alternatively, you may send it via e-mail to: support@Blue365deals.com, opens a new window, opens a new window. Your revocation will not affect any use or disclosure of your information by BCBSA prior to BCBSA’s receipt of the revocation and its response to you confirming such revocation.
26. Terms of Sale.
You are required to create an account on the Blue365 Site to obtain any Promo Code or Coupon for products or services available on the Blue365 Vendors’ Sites. Any Promo Code or Coupon you obtain may be redeemed or used for a product or service offered by a Blue365 Vendor. The specific Blue365 Vendor, not BCBSA, is the provider of the identified products or services. Such Blue365 Vendor is solely responsible for redeeming or honoring any Promo Code or Coupon that you obtain on or through the Site. Each Blue365 Deal has specific terms associated with the Blue365 Deal, which will be presented to you at the time you commit to purchase the particular Blue365 Deal on the Blue365 Vendor Site. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
27. Terms and Conditions of Blue365 Vendor Promo Codes and Coupons.
Promo Codes may be redeemed and Coupons may be used only for products or services sold by Blue365 Vendors. The issuing of a refund or credit is at the sole discretion of the applicable Blue365 Vendor, unless otherwise required by law. Promo Codes and Coupons cannot be combined with any other promo codes, Third-Party certificates, coupons, discounts, deals, or promotions, unless otherwise specified by the Blue365 Vendor or applicable law. The Blue365 Vendor is the issuer of the Promo Code or Coupon. As issuer of the Promo Code or Coupon, the Blue365 Vendor shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by a customer or other third party as a result of or caused by the applicable Blue365 Vendor or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Promo Code or Coupons. By purchasing a Blue365 Deal, you acquire the right to use the Promo Code or Coupon issued by the Blue365 Vendor, provided you use the Promo Code or Coupon in accordance with its terms and conditions, this Agreement, and applicable law. Whether you choose to redeem a Promo Code or use a Coupon is within your sole control and at your sole discretion.
28. Miscellaneous.
This Agreement and any operating rules for Promo Codes and Coupons established by BCBSA or Third Parties constitute the entire agreement of the parties with respect to the subject matter hereof. In addition, portions of the Site may have other or additional terms and conditions. In the event of a conflict between these Terms of Use and other or additional terms and conditions specifically referenced in another portion of the Site, the other and additional terms and conditions shall control with respect to the specific other portion of the Site to which such terms and conditions are directed and applicable. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship, or agency. Except as specifically stated in this Agreement (if at all), there are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without BCBSA’s prior written consent, and any attempt by you to do so will be invalid. Should any section of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
If you have any questions or comments or receive any unwanted e-mail from the Site, please contact our Webmaster via e-mail at support@Blue365deals.com, opens a new window.
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