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BCBSM Mobile Application Terms and Conditions

Please read these terms and conditions of use carefully before using this mobile application.

Generally

Thank you for downloading and installing the Blue Cross Blue Shield of Michigan ("BCBSM" or "we") Mobile Application (the "App"). By downloading, installing and using the App you explicitly agree to these Terms and Conditions and BCBSM Mobile Privacy Policy (collectively, the "Terms").

We may amend these Terms at any time by posting a revised version on the App or on our website. The revised version will be effective at the time we post it. We are not obligated to notify you of changes to the Terms. If you disagree with the Terms, you are instructed not to use this App.

Ownership of the App and Restrictions on Use of Materials

BCBSM owns, operates or otherwise administers this App. The contents of this App, including but not limited to, the text, images, postings, uploads, downloads, layout and code, are proprietary information, intellectual property or copyrighted material belonging to BCBSM and its content providers. We and our content providers retain all right, title and interest in the content that (1) We make available to you, and (2) that is submitted, posted, or otherwise shared by you or anyone else on the App.

No material from the App may be modified, copied, reproduced, republished, uploaded, posted, broadcasted, transmitted, framed, licensed, sold or distributed in any way without the prior written consent of BCBSM, except BCBSM authorizes you to upload and post materials in compliance with the Terms, but only to the extent to which your individual access may allow. Viewing and downloading of any material on the App site shall be solely for your personal, non-commercial use. You may not erase or alter any copyright or other proprietary notices on any copies you make.

When submitting any information through the App, BCBSM understands and acknowledges that you will be submitting information about you. All information belonging to you, shall remain your property. You do grant BCBSM the right to use such information for the purposes it was submitted, for purposes outlined in the Terms, and any other related business activities. YOU REPRESENT AND WARRANT THAT THE INFORMATION YOU SUBMIT VIA THE APP IS TRUE AND ACCURATE AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES ASSOCIATED WITH THE SUBMISSION OF FALSE OR MISLEADING INFORMATION.

You may not cause or allow anyone to (1) co-brand the App or any portion thereof (which means any name, logo, trademark or other means of attribution or identification of any party is displayed in such manner reasonably likely to give an App user the impression that such other party has the right to display, publish or distribute the App or the BCBSM website or the accessible content of either); or (2) frame the App or any portion (where the App or any portion will appear on the same screen with a portion of another application or website.) You agree to cooperate with BCBSM in causing any unauthorized co-branding, framing or linking to immediately cease. You may not use the App to:

• Distribute anyone else's copyrighted material, intellectual property or trade secret information without written permission of the owner
• Interfere with privacy or publicity rights of others
• Send or post a sexually-explicit image; use obscene, defamatory, threatening, harassing, abusive or hateful language
• Embarrass any person, group or company
• Pretend to be another person by using their password or otherwise
• Violate the Children's On Line Privacy Protection Act ("COPPA")
• Misuse or disclose without permission the private, personally identifiable information ("PII"), or protected health information ("PHI") of yourself or someone else
• Market, promote or sell any tools, products or services for any commercial purpose
• Suggest or imply that any information submitted, posted or otherwise shared by you on the App is in any way endorsed, promoted, supported or otherwise approved by BCBSM
• Upload to, or transmit through, the App any harmful or malicious software or programming including, but not limited to, any viruses, malware, worms and/or Trojan horses

You will not use the App in violation of any laws. Activity on the App is subject to monitoring by BCBSM at any time. BCBSM's right to monitor activity on the App does not obligate BCBSM to do so. Anyone who uses the App consents to such monitoring and agrees that BCBSM may use the results of such monitoring without limitation.

Confidentiality

All material made available to you on or through the App is confidential and shall be treated by you as such. You agree that the disclosure of such information could cause BCBSM irreparable harm and would allow BCBSM, its directors, officers, employees and/or agents to seek injunctive relief from you in addition to any other remedy available to it in law or equity. You shall be fully responsible for any losses or damages which arise from your noncompliance with the confidentiality obligations contained in the Terms. You further agree to fully indemnify and hold BCBSM harmless from and against any claims or losses brought by a third party against BCBSM.

These confidentiality obligations survive your termination of use of the App.

Disclaimers and Limitation of Liability

The App may contain inaccuracies or typographical errors. While we try to promptly correct all errors under our control that become known to us, BCBSM makes no representations on the accuracy, reliability, completeness or timeliness of the material on the App. BCBSM has no obligation to update, modify or remove information presented on the App, though we reserve the right to do so within our sole discretion. Information herein may be out of date at any given time. Your use of the App and any of its material is at your own risk. Changes are made to the App often and can occur at any time and without notice.

BCBSM DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, OR WITHOUT INTERRUPTION OR THAT THE APP AND ITS SERVER ARE FREE OF ALL VIRUSES OR CODE HARMFUL TO YOUR EQUIPMENT, YOUR PROGRAMS OR YOU DATA. THE FEATURES, FUNCTIONS, SERVICE AND CONTENT OF THE APP ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND.  

In no event will BCBSM, its service providers, content providers, employees, agents, officers and directors be liable for any incidental, direct, indirect, consequential or special damages, including loss of revenue or income, loss of programs or data on your equipment, pain and suffering, emotional distress or similar damages even if we have been advised of the possibility of such damages. If you are dissatisfied with any of the material on the App, or with any of BCBSM's Terms, your sole and exclusive remedy is to discontinue using the app.

No Personal Health Care or Other Advice

The App and its health-related information and resources are not a substitute for professional medical advice or for the care that patients receive from their physicians or other health care providers.

The App and its health-related information resources are not meant to be the practice of medicine, the practice of nursing or to carry out any professional health care advice or service in the state where you live. NOTHING ON THE APP IS TO BE USED FOR MEDICAL OR NURSING DIAGNOSIS OR PROFESSIONAL TREATMENT.

Always seek the advice of your physician or other licensed health care provider. Always consult your physician or other health care provider before beginning any new treatment or if you have any questions regarding a health condition. You should not disregard medical advice or delay seeking medical advice, because of something you read on the App.

Your Password Responsibilities

The App is password-protected and for use only by BCBSM authorized users. If you register, you agree to provide BCBSM with accurate and complete registration information and to inform BCBSM immediately of any updates or other changes to such information. For example, you may not (1) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or (2) use as a user ID a name subject to any rights of a person other than yourself without appropriate authorization.

BCBSM reserves the right to refuse registration of or cancel a user ID in its sole and absolute discretion and without notice.

When you register to use this password-protected App, you will establish your account password. To protect your privacy, you alone are responsible to keep your password a secret. BCBSM employees or agents will never ask you to share your password. Do not give out your password or allow it to be seen or used by anyone else. If someone else learns your password, that person might use the App to get private information about you without your knowledge and BCBSM cannot stop such access until you change your password.

The App, or our website, BCBSM.com, allow you to change your password. You will be prompted to change your password at regular intervals. If you think your password no longer is secret, you must use the password page of the App or BCBSM.com to immediately change your password to protect your own privacy.

YOU ARE FULLY RESPONSIBLE FOR ALL LOSSES, DAMAGES OR CONSEQUENCES RESULTING FROM ANY ACTIVITY ON THE APP OR ON BCBSM.COM PERFORMED USING YOUR ACCOUNT.

Personal Information We Collect and How It Is Used

We may collect and use the information gathered through the App (both information you submit and information we collect about you) in accordance with the BCBSM Mobile Privacy Policy found at BCBSM.com.

User Surveys

We periodically conduct surveys through the App. Surveys may be generalized and address items such as content or process improvements, or surveys may be generated for more specific purposes and address detailed or refined subjects or issues. We reserve the right to utilize online surveying services from third parties to survey on behalf of BCBSM. Survey participation requirements will be contained within survey directives.

Submitting Information or Posting Communications

The App may permit you to post or share information. Unless the App states information you chose to provide will be transmitted in a secure manner, your communication is not private. You are responsible for any communications you choose to post or information you choose to submit. You assume any and all consequences (including, but not limited to, the possible loss of your privacy) resulting from your transmission of any information.

Links from the App

We may have links from the App to a number of different health care-related applications or websites. Any such links are provided as a courtesy to help you find information. BCBSM is not responsible for the performance or content of applications or websites linked from the App since they are beyond BCBSM's control. We recommend you visit such applications or websites with caution and that you read the privacy statements and terms of use on the applications or websites you visit to understand their individual privacy practices.

BCBSM DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR LOSSES THAT RESULT FROM YOUR ACTIVITY ON OTHER APPLICATIONS OR WEBSITES WHETHER OR NOT THOSE APPLICATIONS OR WEBSITES MAY BE LINKED TO FROM THIS APP OR APPEAR TO BE BRANDED OR COBRANDED AS BELONGING TO BCBSM UNLESS BCBSM SPECIFICALLY EXCEPTS SUCH LIABILITY THROUGH THE TERMS OF USE FOR SUCH APPLICATION OR WEBSITE.

Termination or Limitation of Access

BCBSM reserves the right to terminate or limit your access to the App or its content, in whole or in part, at any time without notice.