These Terms, along with any applicable Customer Agreements, form a binding legal agreement between you and us in relation to your use of the Website. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS THE WEBSITE. You can review the most current version of these Terms at any time at https://www.bcbsnd.com/privacy-legal/terms-of-use. To the extent of any conflict between a provision of these Terms and a provision of an applicable Customer Agreement, the Customer Agreement provision controls.
Your Agreement to these Terms
BY CLICKING “I ACCEPT”, “I AGREE” OR SIMILAR, OR BY ACCESSING OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I accept”, “I agree” or accepting a similar prompt, or accessing or using the Website, you also represent that you have the legal authority to accept these Terms on behalf of yourself and any party you represent in connection with your use of the Website or who will be using the services under your account. If you do not agree to these Terms, you are not authorized to use this Website.
Changes to these Terms
From time to time, BCBSND may change, remove, or supplement these Terms. Where required by applicable law, BCBSND will provide notice via email, your account or the Website regarding material changes to these Terms. If you do not agree to the updated Terms, BCBSND may restrict your further use of the Website without liability to you. If you continue to use the Website after the effective date of the updated Terms, you will be bound by the updated Terms.
Disclaimer of Warranty
This information on this Website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL CONTENT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. BCBSND DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY BCBSND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Accuracy of Information
While we try to provide accurate information on this Website (the “Content”), BCBSND Assumes no responsibility for the accuracy, completeness, or usefulness of any Content found on this Website. Under no circumstances is BCBSND liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Website. BCBSND may make improvements and/or changes in the products, programs and/or services described in this Website at any time without notice. BCBSND assumes no obligation to update the information presented on this Website. BCBSND reserves the right to terminate your access to the website if you violate these Terms and Conditions, or for any reason. BCBSND may also stop providing the Website at any time and for any reason.
You agree that you are solely responsible for your reuse of Content made available through the Website. You should review the terms of applicable licenses before you use the Content so that you understand the applicable restrictions. As between you and BCBSND, all Content, including any services, downloadable software, and all data that accompanies the Content, are solely owned by BCBSND. By using the Website, you agree that you will not in any way reproduce or damage the Website (including any underlying software or code) or Content contained therein. Except as expressly authorized by these Terms, an applicable Customer Agreement, You agree not to (i) use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Website or Content or any portion thereof for use in any publications, in public performances, or on websites for any other commercial purpose, (ii) use the Website or Content or any portion thereof in connection with products or services or for any purpose, nor (iii) use the Website or Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits BCBSND, that dilutes the strength of BCBSND’s Intellectual Property Rights, or that otherwise infringes BCBSND’s Intellectual Property Rights.
From time to time, we may restrict access to our Content or the Website without further notice. You acknowledge that BCBSND may in its sole discretion modify, remove, or cease providing the Content to you at any time in our sole discretion and without further notice to you.
Registered Users: By registering for an account through the Website, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). You further represent and warrant that you are not a Specially Designated National or other U.S. Department of Treasury or Department of Commerce denied party or excluded from federal health care programs or other government programs, nor are you prohibited from using the Website under any U.S. or foreign export law. The Website offered to registered users is provided subject to these Terms.
Registration: You agree to (a) only provide accurate and current information, (b) maintain the security of your passwords and user name, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account resulting from your acts or omissions. You must not set up an account on behalf of another individual or entity unless you are authorized to do so. It is a condition of your use of the Website that all the information you provide on or in connection with the Website is correct, current, and complete.
Security: If you choose, or are provided with, a user name, password, or any other piece of information as part of our access control and other security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also shall ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Account Termination: BCBSND reserves the right to modify or discontinue your account at any time for any reason or no reason at all subject to any applicable Customer Agreement. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
You agree not to engage in any of the following activities:
Violating laws and rights: You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating Intellectual Property Rights, confidentiality, or privacy rights, or (c) use the Website in violation of any applicable Customer Agreement.
Solicitation: You may not use the Website or any Content provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of targeted or blanket solicitation.
Disruption: You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other ’individual’s or entity’s use and enjoyment of the Website; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others: You may not post or transmit Content on or through the Website that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You may not intimidate or harass another through the Website. You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Website unless you are the parent or guardian of such person, or have the consent of the parent or guardian.
Impersonation or unauthorized access: You may not impersonate another individual or entity, or misrepresent your affiliation with another individual or entity when using the Website. You may not use or attempt to use another’s account or personal information, except when you are acting as a parent or guardian or have consent to use personal information of your dependents or family members. You may not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking, password mining or any other means.
Ownership of Intellectual Property
You acknowledge and agree that the Website and Content, including but not limited to the software, code, architecture, design, user interface, graphics, including any use of any BCBSND brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, “Intellectual Property Rights”) are owned by BCBSND or its licensors and suppliers and is protected by applicable Intellectual Property Rights laws.
Except as provide in these Terms, you are not granted a license or any right, title, or interest in any Intellectual Property Right use in or made available through the Website.
Except for Content that we provide to you explicitly for further distribution (such as content provided for employers or brokers to distribute), you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or the Website without our prior written consent. The BCBSND name, the BCBSND logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BCBSND or its affiliates or licensors. You must not use those marks without the prior written permission of BCBSND. Any other names, logos, product and service names, designs, and slogans of the Website are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content through your use of the Website. All rights not expressly granted in these Terms are reserved exclusively by BCBSND.
Monitoring and Enforcement of Terms
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BCBSND AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
No Medical Advice
This Website is designed to provide general information about BCBSND and its affiliates and their respective products and services only. No material contained herein should be construed as medical advice, and all questions about individual care and treatment should be referred to your health care provider.
No Legal Advice
Nothing contained 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 BCBSND and you by reason of your use of this website or under any circumstances. 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.
Confidentiality Cannot Be Guaranteed
Please be advised that the confidentiality of any communication or material transmitted electronically cannot be guaranteed, including without limitation personal information such as your name, address or Social Security number.
Disclaimer of Endorsement
This Website may contain links to other Internet Websites for the convenience of users in locating information and services that may be of interest. Visitors to the Website acknowledge that these third-party sites are maintained by persons or organizations over which BCBSND exercises no control, and BCBSND 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 third-party sites. BCBSND does not control, endorse, promote, or have any affiliation with any other Website unless expressly stated in the Website. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The Website may use other third-party services that may or may not be disclosed to you. BCBSND disclaims all express and implied warranties related to any third-party services integrated into the Websites and you use those third-party services at your own risk.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BCBSND OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OTHER AGENTS, LICENSORS OR PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF BCBSND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, YOUR RECOVERY OF ANY DIRECT DAMAGES IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR THE SERVICES OR USD $50.00.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent not prohibited by law, you agree to indemnify and hold harmless BCBSND and its affiliates, employees, officers, directors, other agents, licensors and providers from and against any and all claims, damages, expenses, costs, including reasonable attorneys’ fees, and other losses resulting directly or indirectly from or arising out of (a) your violation of these Terms, (b) your use of the Website, (c) the Content you make available on any of the Websites, or (d) your violation of any other individual’s or entities’ rights or applicable law.
BCBSND serves North Dakota residents and employers whose principal place of business is in North Dakota. BCBSND is licensed to underwrite health coverage in the state of North Dakota only and does not engage in the business of insurance outside North Dakota except as may be permitted by law. Nothing contained in this Website shall constitute a solicitation, offer or acceptance of a contract of insurance or be construed as creating or modifying any agreement with BCBSND. By accessing, transmitting or viewing any information on this Website, you agree to be subject to personal jurisdiction in the state of North Dakota. Any claim or dispute arising out of accessing, transmitting or viewing any information on this Website shall be venued in Cass County, North Dakota, and governed by the laws of the state of North Dakota.
Except as indicated, BCBSND owns all trademarks, service marks or other logos featured on the Website. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.
By BCBSND: BCBSND may modify, suspend, or terminate the operation of, or access to, all or any portion of the Website at any time for any reason. Additionally, your individual access to, and use of, the Website may be terminated by BCBSND at any time and for any reason.
By you: If you wish to terminate these Terms, you may immediately stop accessing or using the Website at any time.
Automatic upon breach: Your right to access and use the Website terminates automatically upon your breach of any of these Terms.
Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination.
Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). BCBSND may provide these Communications to you by posting them via the Website, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us by phone at 844‑363‑8457 if you have any questions regarding any Communication. You further consent and agree that your use your finger, a key pad, mouse or other device to select an item, button, icon or similar act while using the Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us.
No waiver: Either party's failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any provision or right.
Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of the arbitrator, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If any provision of these Terms are so held invalid or unenforceable by a court of competent jurisdiction, in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the parties intent.
Relationship of parties: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and BCBSND as a result of these Terms or from your use of any of the Website. You may not enter into any contract on our behalf or bind us in any way.
Assignment: BCBSND may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Website or its Content, and any attempt by you to do so is void.
Integration: These Terms constitute the entire agreement between you and BCBSND relating to this subject matter and supersede any and all prior communications and/or agreements between you and BCBSND relating to access and use of the Website.