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TERMS AND PRIVACY

The following terms and conditions govern your use of the fepblue.org website
and the MyBlue Portal.

 * Terms & Conditions
 * Privacy Policy
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Welcome! The following terms and conditions (“terms and conditions”) govern your
use of the fepblue.org website and the MyBlue Portal (collectively, the
“Website”). By accessing, viewing, or using the material on the Website, you
indicate that you understand and intend these Terms and Conditions to be the
legal equivalent of a signed, written contract, and equally binding, and that
you accept such Terms and Conditions and agree to be legally bound by them. If
you do not agree with these terms and conditions, you are not granted permission
to use the Website, and should exit immediately.

Please Note: This Website offers a summary of some of the features of the Blue
Cross and Blue Shield Service Benefit Plan. Before making a final decision,
please read the Blue Cross and Blue Shield Service Benefit Plan Brochure. All
benefits are subject to the definitions, limitations and exclusions included in
the brochure. Benefits under the non-FEHBP programs are neither offered as part
of nor guaranteed under the Blue Cross and Blue Shield contract with the U.S.
Office of Personnel Management (OPM) to provide healthcare to Federal employees
and annuitants. These benefits are only available to contract holders and
covered family members enrolled in the Blue Cross and Blue Shield Service
Benefit Plan. The cost of these benefits is not included in your premium.

General Information:

The Blue Cross Blue Shield Association (BCBSA) is headquartered in Chicago,
Illinois, USA. The independent local Blue Cross and Blue Shield Plans in the
United States underwrite and provide customer service and claims processing
functions for Blue Cross and Blue Shield Service Benefit Plan members worldwide.

Questions and comments, including the reporting of any non-functioning links in
the Website, should be submitted to the local Blue Cross and Blue Shield Plan.
You may call the Plan at the customer service number located on the back of your
member ID card during regular business hours or you can submit an electronic
inquiry using the Customer eService link provided on our homepage. Additionally,
for questions related to the use of the Website, you may contact the National
Information Center via telephone at 1-800-411-BLUE (2583) on weekdays from 8
a.m. to 8 p.m. Eastern Time (excluding holidays).

If you are not a Service Benefit Plan member, the number for the local Blue
Cross and Blue Shield company can be found in the  section of this Website.

1. Protected access website:

The Website and its contents are primarily intended for use by members covered
under, and persons eligible to enroll in, the Blue Cross and Blue Shield Service
Benefit Plan. All passwords used to access specific areas of the website must be
kept confidential. Under no circumstances should you share your password with or
provide access to the website for an unauthorized person or entity.

2. Proprietary rights:

All material contained in the Website is protected by law, including without
limitation United States copyright law. BCBSA also owns a copyright in the
Website as a collective work and/or compilation, and in the selection,
coordination, arrangement, organization and enhancement of website content.
Removing or altering the copyright notice on any material on the Website is
prohibited. Unless otherwise indicated, Blue Cross and Blue Shield companies and
their controlled affiliates may reproduce and distribute content solely for use
in conjunction with the conduct of their own businesses, provided that all
copyright notices are included and the content is not materially altered. Unless
otherwise indicated, prior written consent is required in order to modify or
create derivative works based upon the content of this Website. All trademarks,
service marks or other logos featured on the Website are protected by law. Use
or misuse of these trademarks, service marks or logos is expressly prohibited
and may violate federal and state law.

Please be advised that BCBSA actively and aggressively enforces its intellectual
property rights to the fullest extent of the law.

3. Appropriate Use:

You may not use the Website to send offensive or disruptive material, including
without limitation offensive sexual, racial or gender related material, material
that violates the Association’s non-discrimination policies, viruses or other
material that may disrupt or interfere with hardware or software functionality,
or spam. Notwithstanding the foregoing, BCBSA is not responsible and shall not
be liable for the content posted to or sent from the Website by visitors or
persons, other than BCBSA employees, in email, forums, surveys, or by any other
means (“User Generated Content”). Opinions or comments contained in such content
reflect the views of the author and not of BCBSA unless BCBSA expressly states
to the contrary.

You acknowledge and agree that BCBSA has the right (but not the obligation) to
do any or all of the following at any time: (a) monitor User Generated Content;
(b) remove or refuse to post any User Generated Content; and/or (c) disclose
User Generated Content to any third party, and the circumstances surrounding
submission.

Nothing contained, expressed, or implied on this Website is intended as nor
shall be construed as medical advice. No doctor-patient relationship is
established between BCBSA and you by reason of your use of this Website or under
any circumstances whatsoever. Individual inquiries about medical issues, or
sensitive or confidential matters should be addressed to the appropriate
healthcare professionals. You should not rely upon the Website in any way in the
event of an emergency health situation. In such an emergency situation, the user
should instead call 911 or his/her healthcare provider.

4. Contributions to the Site:

BCBSA welcomes your input, feedback, and suggestions about how to improve our
products and services, and this Website. By transmitting any suggestions,
material, information, or other content (collectively, “content”) to BCBSA, you
automatically grant BCBSA the 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.
Further, unless otherwise agreed to in advance, BCBSA is free to use any ideas,
concepts, know-how, techniques, and suggestions contained in any communications
you send to this Site for any purpose whatsoever, including but not limited to
creating and marketing products and/or services using such information.

You can submit your feedback and suggestions to your local Blue Cross and Blue
Shield company. The addresses for each local company are available in the
Contact Us section of this Website.

5. Corrections and changes:

This Website and the MyBlue Portal may be unavailable from time to time for any
reason including, without limitation, maintenance. You understand and
acknowledge that the Site may be interrupted, suspended and terminated from time
to time. While we endeavor to keep the materials on the Website up to date,
BCBSA cannot assume responsibility for any errors or omissions in these
materials. BCBSA further does not warrant the accuracy or completeness of the
information, text, graphics, links or other items contained within these
materials. BCBSA may make changes to these materials, or to the products or
services described herein, at any time without notice, and makes no commitment
to update the information contained herein.

BCBSA reserves the right to terminate your access to this Website in the event
that you violate these terms and conditions, or for any reason whatever.

6. Links to other websites:

If you choose to use any of the links we provide to Blue Cross and Blue Shield
member companies, vendors, and other third party resources, you may be directed
to a new Website. BCBSA does not control, endorse, promote, or have any
affiliation with any other Website unless expressly stated on the Website.
Protection of your privacy at all third party sites will be governed by the
privacy policy at that site. If you decide to opt-out or not accept the terms
and conditions of certain of our third party vendor sites, you will not be able
to use our interactive features, including but not limited to MyBlue, Health
Tools, Telehealth Services, and the National Doctor and Hospital Finder.

7. Use of the Internet:

Use of the Internet is solely at your own risk and is subject to all applicable
state, national and international laws and regulations. Neither BCBSA nor its
affiliates will be liable for any loss resulting from a cause over which they do
not have direct control, including but not limited 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.

8. Confidentiality and security cannot be guaranteed:

Please be advised that the confidentiality of any communication or material
transmitted using the public Internet or non-secure Internet electronic mail
cannot be guaranteed.

While this Website resides on the public Internet, we use software to help
protect the confidentiality and security of communications transmitted to Blue
Cross and Blue Shield companies from www.fepblue.org. Notwithstanding these
efforts, BCBSA cannot guarantee the confidentiality and security of such
electronic communications.

9. Privacy statement:

We have a privacy statement disclosing what information we collect about
visitors, how we use such information, the steps we take to secure such
information, how you can view and correct such information, and how you can
decline to have information about you collected or used. Please visit the
Privacy Policy section to learn more.

Service Benefit Plan members may modify and access certain types of personal
information, including Protected Health Information (PHI) under the Customer
eService feature of the Website. To request an amendment to any of the personal
information or PHI that is available under the Customer eService feature of the
Website, you must contact your local Blue Cross and Blue Shield Plan unless it
is indicated that you can make those changes in eService section of the Website.
Each Blue Cross and Blue Shield Plan and our Business Partners have their own
Privacy Policy and terms and conditions, which may differ from those on this
Website.

10. No legal advice:

Nothing contained, expressed, or implied in this Website 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 this Website or under any circumstances whatever. The information
in this Website is for general informational purposes only. If you have
questions about any law, statute, regulation, or requirement expressly or
implicitly referenced in this Website, you should contact your own legal
counsel.

11. Securities information:

This Website and the information contained herein does not constitute an offer
or a solicitation of an offer for the purchase or sale of any securities. The
Website may contain information and press releases about BCBSA, Blue Cross and
Blue Shield companies and controlled affiliates and business partners, 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 information is deemed to be a “forward looking statement” as defined in
the rules and regulations of the Securities Act of 1933, as amended, such
information 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.

12. Disclosure for uses and response times for email, electronic messages, and
other communications transmitted via the Website:

BCBSA makes no guarantees about its response to emails, electronic messages, and
other communications transmitted in response to services available through our
Business Partners accessed through this Website. However, it will attempt to
answer all such communications brought to our attention within 30 days of
receipt of such communication.

13. Editorial Policy:

Our mission is to give our members well written, up-to-date, trustworthy and
accurate online benefit and health-related information about the Blue Cross and
Blue Shield Service Benefit Plan to empower our members to make informed and
appropriate decisions about their health insurance coverage and healthcare
needs.

We take prudent steps to ensure we do not provide false and/or misleading
information on this Website. The information on this Website is not intended to
replace the advice of a physician or other healthcare professional. Always
consult your physician to determine your personal healthcare needs.

Material on the Website is updated on a regular basis and reviewed at least
annually to ensure the information is up-to-date and accurate.

The Blue Cross Blue Shield Association creates original content for web
information and for our newsletters. We identify the subjects for the articles
based upon what is happening in healthcare, in the federal healthcare
environment and in the lives of all our members. Web features and topics include
a more detailed explanation of benefits available under the Service Benefit Plan
coverage, such as dental care, preventive care, incentive programs and Medicare.
We also provide information about how new laws affect you and your coverage and
the benefit changes for the upcoming year.

Health-related information and newsletter articles highlight emerging trends,
such as healthy living. Articles on specific health related topics, such as
diabetes, smoking cessation and fitness, are based on information available on
our Health Tools website, and as needed other sources, such as www.cdc.gov.

All newsletters include authorship and source identification for each article,
and are dated on the contents pages. Health-related information is dated and has
source identification. Articles in the online newsletter and other information
on the Web site, may be written by various individuals. Where appropriate, we
will include a summary of the person’s experience and qualifications. While we
believe the articles we provide contain up-to-date and accurate information,
regardless of the authorship, we cannot guarantee the accuracy of the
information.

Material for the Website is reviewed by the legal counsel of the Blue Cross Blue
Shield Association, as well as experts with appropriate experience and training
in health information, benefits, medical case and disease management,
communications, finance, and privacy to provide educated and fact-based feedback
and comments. Information is reviewed before it is added to the Website. The
scope of the review responsibility includes but is not limited to:

 * Overseeing development, implementation and maintenance of Website principles
   and standards
 * Establishing editorial policy standards and overseeing implementation
 * Evaluating the quality of member communications on the features of this
   Website
 * Identifying opportunities for improvement and establishing priorities among
   them
 * Evaluating the Website to oversee compliance with regulatory and
   accreditation standards
   
   

All Blue Cross Blue Shield Association authors and content providers are
required to avoid any situation where a conflict could or appear to exist
between their personal interests and those of the Blue Cross Blue Shield
Association. Compliance with this policy requires full disclosure of any
potential or actual conflicts of interest so a determination can be made whether
a conflict actually exists and to eliminate or avoid a conflict. BCBSA employees
are required to sign annual Disclosure Agreements. BCBSA employees are also
required to annually certify knowledge of the code of ethics.

This Website does not accept advertising nor does it receive funds from
advertising.

14. Disclaimer of Warranty and Liability:

USE OF WWW.FEPBLUE.ORG AND THE MYBLUE PORTAL IS ENTIRELY AT YOUR OWN RISK.
NEITHER THE BLUE CROSS BLUE SHIELD ASSOCIATION NOR THEIR AFFILIATES ARE
RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED OR
SUBMITTED TO THIS WEBSITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. BCBSA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR
INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL
LIABILITY OF BCBSA TO YOU EXCEED THE PRICE PAID FOR USE OF WWW.FEPBLUE.ORG.

15. Indemnification:

You agree to defend, indemnify, and hold harmless BCBSA, its affiliates and
subsidiaries, and all of their respective directors, officers, employees,
representatives, proprietors, partners, shareholders, servants, principals,
agents, predecessors, successors, assigns, and attorneys from and against any
and all claims, proceedings, damages, injuries, liabilities, losses, costs, and
expenses (including attorney’s fees and litigation expenses) relating to or
arising from your use of the Website and any breach by you of these terms and
conditions.

16. Digital Millennium Copyright Act (“DMCA”) Notice:

BCBSA is committed to complying with copyright and related laws, and requires
all users of the Site to comply with these laws. You may not store, post,
modify, distribute, reproduce in any way, use or disseminate any material or
content though the Site in any manner that constitutes an infringement of third
party intellectual property rights, including rights granted by copyright law.

Owners of copyrighted works who believe that their rights under copyright law
have been infringed may take advantage of certain provisions of the Digital
Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.
BCBSA does not, and will not, make any legal decisions about the validity of
your claim of infringement or the possible defenses to a claim. Upon our receipt
of a proper notice of claimed infringement under the DMCA, we will respond
expeditiously to remove, or disable access to, the material claimed to be
infringing and will follow the procedures specified in the DMCA to resolve the
claim between the notifying party and the alleged infringer who provided the
content in issue. BCBSA may contact the notice provider to request additional
information. BCBSA reserves the right to disregard a notice that is not in
compliance with the DMCA. Under the DMCA, BCBSA is required to take reasonable
steps to notify the user who posted the allegedly infringing content. If you
believe in good faith that a notice of copyright infringement has been wrongly
filed against you, the DMCA permits you to send us a counter-notice. Notices and
counter-notices must meet the then-current statutory requirements imposed by the
DMCA. Notices and counter-notices with respect to the Site should be sent to the
address below.

If you are uncertain whether particular material infringes a copyright held by
you or a third party, you should contact an attorney. Anyone making a false or
fraudulent notice or counter-notice may be liable for damages under the DMCA,
including costs and attorneys' fees.

To be effective, your Notification of Claimed Infringement must be in writing,
sent to our designated agent listed below and contain the following information:

 1. 1. An electronic or physical signature of the person authorized to act on
    behalf of the owner of the copyright or other intellectual property
    interest;
 2. 2. A description of the copyrighted work or other intellectual property that
    you claim has been infringed;
 3. 3. A description of where the material that you claim is infringing is
    located to permit us to locate the material;
 4. 4. Your contact information, including your name, address, telephone number,
    and email address;
 5. 5. A statement by you that you have a good faith belief that the disputed
    use is not authorized by the copyright or intellectual property owner, its
    agent, or the law; and
 6. 6. A statement by you, made under penalty of perjury, that the information
    contained in your report is accurate and that you are the copyright or
    intellectual property owner or authorized to act on the copyright or
    intellectual property owner's behalf.

 

BCBSA’s designated agent for notice of claims of copyright infringement can be
reached as follows:

By E-Mail: dmca@bcbsa.com with the subject line “DMCA”

By Mail:
Blue Cross Blue Shield Association
Attn: Office of the General Counsel
225 N. Michigan Avenue
Chicago, IL 60601-7680

By Fax: 312.297.5956

17. Governing law and jurisdiction:

These terms and conditions will be governed by and construed in accordance with
the laws of the State of Illinois, without reference to its choice of law rules.
By accessing, viewing, or using the material on the Website, you consent to the
jurisdiction of the federal and state courts presiding in Chicago, Illinois, and
agree to accept service of process by mail and hereby waive any and all
jurisdictional and venue defenses otherwise available. This Website is
controlled and operated by BCBSA from its offices within the United States.
BCBSA makes no representation that materials in the Website are appropriate or
available for use in other locations, and access to them from territories where
their contents are illegal is prohibited. Those who choose to access this
Website from other locations do so on their own volition and are responsible for
compliance with applicable local laws.

These terms and conditions constitute the entire agreement between you and BCBSA
with respect to your use of the Website. If any part of these terms and
conditions is held to be invalid or unenforceable for any reason, the remaining
parts will remain in full force and effect. You acknowledge that, in providing
you access to and use of the Website, BCBSA has relied on your agreement to be
legally bound by these terms and conditions. BCBSA reserves the right to
terminate your access to the Website in the event that you violate these terms
and conditions, or for any reason whatever. 



  

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