Legal Notice and Agreement
IMPORTANT: Please be sure to read the following BEFORE you proceed in this website. If you use this website, you are bound by the following rules and agreement, whether you read them or not.
Ownership of this website and use of website materials
This website is owned and operated by Arkansas Blue Cross and Blue Shield (ABCBS), A Mutual Insurance Company. All data or information contained in this website is and shall remain the exclusive property of ABCBS (ABCBS Data). By using this website, you agree to respect the ownership rights and rules of use of ABCBS, including the right of ABCBS to monitor this website at any time and the right of ABCBS to process, retain, copy and, subject to our confidentiality policy and applicable laws or regulations, use and disclose any information you may provide to ABCBS through this website. See our Privacy Statement.
You agree not to copy, download, disclose, distribute, transfer, publish or email any ABCBS Data without the prior, written consent of ABCBS, or as further expressly authorized in this “Ownership” section.
You are authorized to download one copy of any ABCBS Data on this website for your own personal use, provided you (a) do not use the ABCBS Data for any commercial purpose and (b) do not remove, mask or obscure any copyright, trademark, service mark, patent or other intellectual property rights, notices or symbols set forth in the ABCBS Data.
Limitation and release of ABCBS from liability
As a condition of your use of this website, and of your access to any ABCBS Data herein, you agree that neither ABCBS nor any affiliated company nor any director, officer, employee or agent of ABCBS or its affiliated companies (ABCBS Parties) shall be liable to you for any harm, injury or loss you may suffer which allegedly is caused by or related to your access to this website or the content, style, accuracy, inaccuracy, currency or staleness of any ABCBS Data or other information contained or reflected within this website.
By using this website, you agree to waive and release the ABCBS Parties from all liability whatsoever which may be caused by, arise from, or in any way relate to your use of this website, including but not limited to any direct, indirect, incidental, special, consequential, exemplary or punitive damages, physical or mental injury or loss, economic loss, loss of profits, injury to reputation or credit standing, emotional distress, psychological injury or loss or other damage or injury of any kind (“Losses”), regardless of whether such Losses allegedly arise from negligence, breach of contract, breach of warranty, breach of fiduciary duty, strict liability or tort.
You agree that if you are not satisfied with the content or operation of this website or with the content, use or effect of any ABCBS Data, or if you believe that your access to this website or any ABCBS Data has in any way caused injury to you, your sole and exclusive remedy shall be to exit the website and refrain from any further access or use.
Important disclaimers — What we are NOT responsible for
As a condition of your use of this website, and of your access to any ABCBS Data herein, you agree that ABCBS and the ABCBS Parties are NOT RESPONSIBLE FOR:
Errors, omissions or inaccuracies in the website or in any ABCBS Data.
We will try to avoid errors, but you should not expect information in this website to always be current, accurate or error-free because human or machine error may occur, and information may become outdated before we can update this website; in addition, there is always a possibility of “hackers” or other unauthorized postings to this website, which we may not be able to prevent, detect or deter. ABCBS cannot and does not guarantee or represent the accuracy, timeliness, reliability or completeness of any ABCBS Data or other information contained in or accessed through this website.
Warranties or representations of any kind.
ABCBS does not make any warranties or representations of any kind to you or to any other visitor to or user of this website. All ABCBS Data or other information you may access or receive through this website is provided “AS IS” without warranties of any kind, express or implied. This disclaimer of warranties and representations includes but is not limited to any implied warranties of merchantability or fitness for a particular purpose, or of non-infringement of any ownership or intellectual property rights of any third party.
Viruses, contamination or other technical or system problems, damages or errors.
ABCBS will not be responsible for any virus or contamination you or your computer programs or equipment may experience during or as a result of your access to this website or your access to, downloading or use of any ABCBS Data, nor will ABCBS be responsible for any problems, damages or errors associated with your access to this website, or your access to, downloading or use of any ABCBS Data. In using or accessing this website, you assume 100 percent of all risks associated with such access or use, including but not limited to any risk of viruses or contamination, any software, hardware or other problems or losses, or any damages or errors related to such access or use.
Providing links to other sites, the content of other sites, or the conduct of the owners of other sites.
You may see opportunities within this website to link to other websites, an option we may provide from time to time purely as a convenience service to website visitors. If you choose to access other websites from this website, you agree, as a condition of choosing any such link or access, that ABCBS is not and shall not be responsible or liable to you or to others in any way for your decision to link to such other websites. You further agree that ABCBS and the ABCBS Parties are not responsible for the content of any other website to which you may link, nor are ABCBS or the ABCBS Parties liable or responsible under any circumstances for the activities, omissions or conduct of any owner or operator of any other website. Once you choose to link to another website, you understand and
agree that you have exited this website and are no longer accessing or using any ABCBS Data. You understand and agree that by making any third-party website link available as an option to you, ABCBS does not in any way endorse any such website, nor state or imply that you should access such website or obtain or use any services, products or information which may be offered to you through such other websites or by the owner or operator of such other websites. The owners or operators of any other websites (not ABCBS) are solely responsible for the content and operation of all such websites. ABCBS makes no warranties or representations of any kind, express or implied, nor of merchantability or fitness for a particular purpose, nor of non-infringement, with regard to the content or
operation of any other website to which you may link from this website.
Acts or omissions of any other person, company or entity.
You agree that ABCBS is not and shall not be responsible or liable to you or to others for any conduct, misconduct, mistakes, errors or omissions of any other person or company which may in some way affect your access to or use of this website or of ABCBS Data, or the operation or content of this website, including but not limited to the acts or omissions of unknown third parties, unauthorized users or “hackers,” internet service providers, competitor companies, utility companies, governments, courts, law enforcement authorities, or local, state or federal regulatory agencies.
Improper use prohibited
By accessing or using this website, you agree to use it and the ABCBS Data made available herein solely for your own personal use in the manner in which it is intended and for the legitimate business and informational purposes for which the website is operated by ABCBS. You further agree that you shall not use or attempt to use this website or any ABCBS Data or other information obtained herein for any unlawful or harmful purpose, including but not limited to any sabotage, industrial or economic espionage, defamation of any person or company or the humiliation, harassment, intimidation or threatening of any other person or company. You agree that you will not employ at any time nor attempt to enter into the website any improper data, comments, statements or materials of any kind,
including but not limited to any false, fraudulent, defamatory, or scandalous data, statements or accusations, any profanity, any pornographic or sexually explicit materials, images, depictions, diagrams, drawings, illustrations, video displays or references of any kind, nor any material containing or designed or intended to convey any insults to another person based on race, sex, national origin, ethnicity, age, color, disability, sexual orientation or religion. You understand and agree that this website is a private enterprise owned and operated exclusively for business purposes of ABCBS and its affiliated companies, and as such that this website shall not be used by you to solicit any business apart from the products, goods or services offered to Arkansas residents by ABCBS, nor
shall this website be used by you to promote any personal, political or religious agenda or philosophy of you or any other person or organization.
You agree that ABCBS shall be entitled, if it so chooses, to take steps to bar your continued use or access to this website in the event of any improper activity of any kind and further that ABCBS may report any such improper activity to appropriate civil or criminal authorities or agencies, either local, state or federal, and may in certain instances pursue civil action or criminal charges and prosecution against violators.
Jurisdiction and remedies for violation of rules
If you violate any of these website rules, or if there is any dispute between you and ABCBS relating to your access to or use of the website or to the ABCBS Data, you agree that you will be subject to the personal jurisdiction of the courts of Pulaski County, Arkansas, for all purposes relating to any civil or criminal action in connection with your violation or with regard to any dispute between you and ABCBS related to this website. In the event of any violation of these rules, you agree that, in addition to other remedies that might be available, ABCBS shall be entitled to an injunction against you to stop such violations.
Product offerings limited to Arkansas residents
While it is possible that you may access this website from any state in the United States, you understand and agree that the health insurance and health plan business of ABCBS is limited to the state of Arkansas and that ABCBS does not solicit or seek to place any insurance coverage outside the state of Arkansas. Accordingly, you agree that if you are a non-resident of Arkansas, you will disclose your residency accurately and completely and will not accept any health insurance or health plan offering or solicitation of ABCBS even if some such offering or solicitation is mistakenly or inadvertently directed to you as a non-resident of Arkansas, either by machine or human error.
By accessing or using this website, you agree to cooperate fully with ABCBS to promote the proper use and working of the website, and to identify, report or investigate any improper use or conduct in connection with the website. You agree to promptly report to ABCBS any improper use of the website or ABCBS Data, or any improper or unauthorized content or information displayed within the website.
If you enter any data on any web page or location within this website, or otherwise provide data in response to the website or in connection therewith, you authorize the release of such data to ABCBS and to all affiliated companies, employees or agents of ABCBS whose access to such data is related to the business operations of ABCBS or its affiliated companies. This authorization for release of data is subject to the confidentiality policies of ABCBS, and requirements of applicable laws and regulations. While ABCBS will treat personally-identifiable data you may enter or submit via this website as confidential to ABCBS and its affiliated companies, ABCBS cannot and does not guarantee that data you enter or submit on this website is secure or will not be accessible to unauthorized
third parties or unintended recipients. See our Privacy Statement.
No legal, medical or other advice offered or intended
You understand and agree that nothing contained in this website or the ABCBS Data is intended or shall be construed as any kind of advice or counseling to you. This website does not offer legal advice, medical advice, health advice, nor any other form of advice or counseling. In making any decisions regarding any matter addressed in this website you should not rely on ABCBS or the ABCBS Data for advice as to laws or regulations, or your financial, physical or mental well-being or general health or nutrition. Regardless of any material contained in this website or the ABCBS Data, you should ALWAYS CONSULT YOUR OWN PHYSICIAN ON ANY MEDICAL MATTERS, AND YOUR OWN ATTORNEY ON ANY LEGAL OR REGULATORY MATTERS.