This website is protected by Transport Layer Security (TLS) technology, the leading security protocol for data transfer on the Internet.
Even though there are many benefits to using this website, as with all electronic communications there are some risks which may include:
- Failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the Internet.
- No guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. Please use good judgment before deciding to send information via the Internet.
Third-Party Websites or Resources
This website may contain links to other websites and/or resources hosted by independent third parties. At times, BCBSTX works with such third parties to create the content on these websites; at other times, a link to these websites is provided solely as a resource or convenience for our users. Since these third-party websites are not hosted or maintained by BCBSTX, we do not make any guarantees or warranties as to the validity or accuracy of the information posted on these websites, or for any products or services that may be available on these websites. As a result, you agree that BCBSTX has no liability for any damages you may incur as a result of your use of or the information you receive from or submit to these third-party websites.
The use of these third-party websites may subject the user to separate binding agreements, including terms of use and privacy statements, which can be found on the third-party website if applicable. Be sure to read these additional agreements and statements and have a working understanding of the terms.
Governing Law
These Terms of Use and your access to this website are governed exclusively by the laws of the State of Texas, without reference to its rules regarding choice of law.
Limitation of Liability
You agree that you use this website at your own risk. BCBSTX and its licensors have no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this website or the information you receive from or submit to this website.
BCBSTX and its licensors shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data from this website, theft or errors.
In addition, if you request BCBSTX to send information via email or your mobile device to your registered account, you agree that you are using this service at your own risk. BCBSTX and its licensors have no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this functionality.
Spending Accounts
If you choose a plan that features a spending account (e.g., Health Savings Account (HSA), Health Care Account (HCA), Health Reimbursement Account (HRA), Flexible Spending Account (FSA), etc.), you acknowledge that these accounts may have certain tax and legal ramifications. No information posted on this website is intended to provide legal or tax advice, and nothing herein should be construed as legal or tax advice. You should seek advice based on your particular circumstances from an independent tax advisor or attorney regarding the tax consequences of specific health insurance plans or products.
Ownership and Copyright Protection
All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) on this website are solely and exclusively the property of BCBSTX or its licensors, and are protected by intellectual property laws. Blue Cross, Blue Shield and the Cross and Shield symbols are registered service marks of the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans. You acknowledge that content available through the website, including, without limitation, content of third parties is protected by copyright, trademark, patent or other intellectual proprietary rights and laws.
Dispute Resolution
All issues and questions relating or in connection to these Terms of Use between BCBSTX, our licensors and you, regarding their interpretation, application, performance, nonperformance or breach, or any information received or otherwise relied on (collectively, "Dispute" or "Disputes") shall be resolved using alternative dispute resolution mechanisms as set forth in the Mediation/Arbitration Provisions. The Dispute Resolution terms described below apply only to your use of this website and are not applicable to the benefit rights you have under your health care plan.
Mediation/Arbitration Provisions
1. Initial Resolution by Meeting or Mediation of Dispute
Blue Cross and Blue Shield of Texas (BCBSTX) or Authorized User (the "Notice Party"), as the case may be, shall deliver written notice to the other party (the "Receiving Party"), via certified mail, return receipt requested, of the existence of a Dispute (the "Initial Notice"), as follows:
If to BCBSTX:
Blue Cross and Blue Shield of Texas
ATTN: Legal Department
1001 E. Lookout Dr., Bldg. B, 15th Floor
Richardson, TX 75082
If to Authorized User: At the last known address of record.
a. The Receiving Party has thirty (30) calendar days following the Notice Party’s delivery of such notice to provide a prompt and effective remedy.
b. If the Receiving Party has failed to provide a prompt and effective remedy within thirty (30) calendar days following delivery of such notice, and the Receiving Party and Notice Party mutually agree that a meeting to attempt to resolve the Dispute would be advantageous, representatives of both parties shall meet not later than thirty (30) calendar days after delivery of the Initial Notice in order to attempt to resolve the Dispute. Subsequent meetings may be held, upon agreement of the parties.
c. If such a meeting has not been mutually agreed upon within thirty (30) calendar days of delivery of the Initial Notice, or if the Dispute has not been resolved within thirty (30) calendar days of commencement of any such meetings, the Notice Party shall submit the Dispute (the "Mediation Submission") to mediation by an organization or company specializing in providing neutral, third-party mediators. The mediation process shall be coordinated by the Notice Party with the mediator and shall be subject to the following agreed-upon conditions:
i. The parties agree to participate in the mediation in good faith;
ii. The parties agree to have present at the mediation one or more individuals with decision-making authority regarding the Dispute;
iii. Either party may, at its option, be represented by counsel;
iv. The mediation shall be conducted in English;
v. The mediation shall be held at a mutually agreed upon venue location in or near Richardson, TX, within sixty (60) days of the Mediation Submission, unless the parties mutually agree on a later date or an alternate venue location; and
vi. The parties shall each bear their own costs and shall each pay one-half of the venue location fee and the mediator's fees and costs, unless the mediator subsequently determines that one party did not participate in the mediation in good faith, in which case that party shall pay all the venue location fee and mediator's fees and costs.
2. Binding Arbitration
a. Any Dispute or portion thereof that remains unresolved thirty (30) calendar days after a Submission, either BCBSTX or Authorized User, on Authorized User's own behalf and not as a representative of a purported class, shall submit the Disputes to final and binding arbitration (the "Arbitration Submission") under the commercial rules and regulations of the JAMS/Endispute, subject to the following:
i. The arbitration shall be conducted by a single arbitrator selected by the parties from a list furnished by the JAMS/Endispute (the "Arbitrator"), provided that in the event of a conflict with the terms of these Mediation/Arbitration Provisions, the terms of these Mediation/Arbitration Provisions shall control. If the parties are unable to agree on such Arbitrator from the list, such Arbitrator shall be appointed by the JAMS/Endispute or in the alternative, each party shall select one arbitrator who, in turn, shall together select the Arbitrator who shall arbitrate the Dispute.
ii. The Arbitrator shall be required to render a written decision resolving all Disputes with the reasons therefore, and designating one party as the "Prevailing Party" within sixty (60) days from the date of the Arbitration Submission.
iii. The costs of arbitration, including the venue location fee, Arbitrator's fee and any reporting or other costs, but excluding lawyers', consultants' and witness fees, shall be borne by the non-Prevailing Party unless the Arbitrator subsequently determines as part of his or her award that such allocation is inequitable under the totality of the circumstances.
iv. The arbitration hearing shall be conducted in English and held at a mutually agreed to venue location in or near Richardson, TX, unless BCBSTX and Authorized User mutually agree to an alternate location.
v. Except with respect to any Dispute or portion thereof involving actual or alleged violation of BCBSTX's or any of BCBSTX's supplier's intellectual property, the Arbitrator shall not have power to award (A) damages inconsistent with the Terms of Use; or (B) punitive damages or any other damages not measured by the Prevailing Party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum.
vi. Any determination by the Arbitrator with respect to any Dispute shall be final and binding on each party. Judgment upon the award of the Arbitrator may be entered in any court having competent jurisdiction thereof.
b. Authorized User acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from filing an action at law or in equity and from having any Dispute covered by this agreement resolved by a judge or a jury. Authorized User further acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from participating in a class action or class arbitration filed by any other Authorized User or any other plaintiff claiming to represent Authorized User or Authorized User's interest. Authorized User agrees to opt-out of any class action or class arbitration filed against BCBSTX that raises claims covered by these Mediation/Arbitration Provisions, including, but not limited to, class actions or class arbitrations that are currently pending.
c. Notwithstanding the foregoing, each of the parties hereto retains the right to seek judicial assistance to obtain interim measures of protection pending arbitration for alleged or imminent breaches of intellectual property rights, confidentiality restrictions or security obligations. In the event that either party seeks judicial assistance to obtain interim relief, or in the event that any dispute arises relating to arbitration, the sole jurisdiction and venue for such actions shall be the U.S. District Court, District of Texas in Richardson, TX, or if there is no federal jurisdiction, in the state courts located in Texas. Each of the parties to this Terms of Use hereby consents to exclusive personal jurisdiction, service of process and venue in the Texas courts for such interim measures of protection and for disputes relating to arbitration.
We know how important the security and privacy of data is to you. Therefore, please review the following statement which explains what data we collect, how we use the personal information you provide, and how we keep that information secure. "Personal information" refers to data that is unique to you such as name, birth date, address, email address, IP address, telephone number and other information that you may need to provide while on this website. If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page; however, if you do not provide all the required information your ability to apply and enroll in coverage may be affected.
Information Collected and Used
For purposes of this site, we collect and use the information you provide to process your application and enrollment. In addition, we may use the email or phone/text number that you provide to respond to your inquiry or to send you information about a service or resource that you expressed interest in. We will continue to send you information unless you request us to stop or opt out.
You may also decide to ask us questions or provide comments about this website or services offered by the website through email or text. We do share these messages with individuals in the organization who can appropriately respond; we may preserve the content of your message along with our response. At times, we may use a third-party vendor to determine if you open and use any information that we share via email, as well as to solicit your feedback through online surveys. Responding to these surveys is optional.
It is important to use good judgment when sending information to us via email or text. These messages may pass through private and public networks with varying levels of security. Some networks may have taken steps to secure these transmissions while others have not which could affect the privacy and integrity of the information you send.
We also collect electronic data about you to provide a positive website experience, offer health care programs, products and services and report on user activity. The tools we use are listed below. Please be aware that none of these tools provide BCBSTX with the ability to read any data residing on your computer.
Cookies and tags are used on websites to gather information about how individuals use and navigate the website. Neither cookies nor tags can extract any personal information about you, nor can they read any data that resides on your personal computer or device. The data collected from these sources are used to recognize repeat users and track usage patterns. Specifically, we use "cookies," which are small pieces of information sent by a web server and stored by a member's web browser. Cookies allow the web server to maintain an active "session" with an individual user and track what tools users are accessing on the site.
The following are examples of how we use the information collected from these cookies and tags:
- Tracking resources and data accessed on the site
- Recording general site statistics and activity
- Troubleshooting website problems
- Tracking what tools users are accessing on the site
- Determine when and if a user completed a clinical assessment
- Evaluating and reporting on a user's activity or participation in a clinical management program that may be offered by your benefit plan
We may combine any of this information with other information that we have about you for data analytics, marketing and reporting, but only as permitted by law.
Data Security and Storage
BCBSTX adheres to accepted industry security standards that are designed to protect any non-public personal information on this website against accidental or unauthorized use, access or disclosure. The technology we use is specifically designed for web servers. All of your personal information resides in the United States of America in a secure database behind a firewall where it cannot be accessed without proper authorization. Transport Layer Security (TLS) technology encrypts your personal information as well as your health history if it is transmitted over the Internet. In addition, we periodically subject this website to simulated intrusion tests and have developed comprehensive disaster recovery plans.
You also have a responsibility to keep the personal information that you enter on this website secure by keeping your account name and password confidential. This will help prevent any potential unauthorized access to your account.
Data Retention and Destruction
BCBSTX complies with the laws and regulations related to both the length of time that we retain your electronic personal information and its proper destruction.
Changes to the Terms of Use and Privacy Statement
BCBSTX may change this Terms of Use and Privacy Statement from time to time. When updates are made, the version date below will be updated to reflect that a revision has occurred. We encourage you to occasionally check the Terms of Use and Privacy Statement to see if we made any changes.
