Legal Terms and Conditions
These terms and conditions (the "Terms") govern your use of all Canadian Websites (the "Websites") operated and/or managed by PBC Health Benefits Society (doing business as Pacific Blue Cross) or its subsidiaries (each company is individually referred to as a "PBCHBS Company" or collectively they are referred to as "PBCHBS Companies"). If you access and use the Websites, you accept and agree to be bound by and comply with the Terms and any specific legal notices in the footers of the Websites.
The Terms also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on the Websites.
The Terms are to be read by you together with any terms, conditions or disclaimers provided in the other pages of the Websites (the "Page Disclaimers"). In the event of any conflict between the Terms and the Page Disclaimers, the Page Disclaimers will govern.
Content and Revisions
PBCHBS Companies, their alliance partners, suppliers or affiliates use reasonable efforts to ensure all information (the "Content") on the Websites are accurate and current; however, your use of this or any of the Websites is at your own risk. PBCHBS Companies assume no responsibility for the accuracy of the Content provided on the Websites. This site is not necessarily an authoritative source of information about PBCHBS Companies or their alliance partners, suppliers, or affiliates. All of the Content of the Websites, including this disclaimer, is subject to change without notice. As a user of the Websites, we suggest that you review this information each time you access the Websites.
No Warranty or Representation
- Nothing on the Websites shall add to or change any contract for products or services you may have with PBCHBS Companies, or any of their alliance partners, suppliers or affiliates.
- Neither PBCHBS Companies nor any of their alliance partners, suppliers, affiliates, nor any other party involved in creating, producing or delivering the Content on these Websites is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, arising out of or in connection with your access to or use of the Websites. These limitations apply even if PBCHBS Companies have been advised of, or foresee the possibility of any damages occurring.
- Without limiting the foregoing, everything on the Websites is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- The information on the Websites is general and is not intended to bind PBCHBS Companies contractually in any way. Please refer to the contract/policy issued by PBCHBS Companies for specific benefits, limitations and exclusions that may apply regarding your coverage.
Use of Information
You agree not to use any information on the Websites or linked to the Websites in any claims, proceedings, suits or actions against PBCHBS Companies or any of their alliance partners, suppliers or affiliates.
You agree that you will protect the confidentiality and adequately safeguard any personal information you view and obtain from the Websites in accordance with privacy legislation applicable to your province/territory of residence.
PBCHBS Companies are under no obligation to monitor the Websites and assume no responsibility or liability for Content changed without our consent.
PBCHBS Companies provide links throughout the Websites to other websites for your convenience only. These websites may be operated independently from PBCHBS Companies and any reference in the Websites to any products, services, processes, hypertext links to third parties or other information by trade-name, trade-mark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by PBCHBS Companies.
Product and services information is the sole responsibility of each individual vendor. PBCHBS Companies do not review or control, and are not responsible for, any websites linked from or to the Websites, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and the PBCHBS Companies will not be responsible or liable for any damages in connection with such linking. In addition, the PBCHBS Companies do not endorse or approve of any websites linked from or to the Websites, except for Websites of PBCHBS Companies.
It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked websites may have their own legal information that you should locate and review.
Written consent from PBCHBS Companies is required for any link to the Websites by a third party. Where we have authorized third parties to link to the Websites, it does not constitute an endorsement or suggest preference for any particular product or company.
The following terms apply if you download a software application that PBCHBS Companies offer to access any services, features, functionality, content and/or information made available by PBCHBS Companies using certain mobile devices (the "Software"):
- PBC Health Benefits Society grants to you a non-exclusive and non-transferable license for the Software. The license authorizes you to use the Software in object code format for the purpose of using the services of PBCHBS Companies and/or accessing any services, features, functionality, content and/or information made available by any PBCHBS Company using certain mobile devices.
- PBC Health Benefits Society retains at all times all ownership rights, including without limitation, copyright, in the Software. You agree not to copy the Software and not to disclose or distribute the Software to third parties. PBC Health Benefits Society has no obligation to provide any training, maintenance, or other assistance for the Software.
- YOU ACCEPT THE SOFTWARE "AS IS" AND ASSUME THE ENTIRE RISK FOR THE PERFORMANCE OF THE SOFTWARE. PBCHBS COMPANIES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE, UNDER THESE TERMS OR OTHERWISE.
- PBC Health Benefits Society may end these Software terms at any time on notice to you. On the ending of these terms, you will destroy or return all copies of the Software or of any documentation for it then in your possession. The grant of the license may not be assigned by you unless agreed upon in writing by PBC Health Benefits Society.
The following terms apply if you access any of the social media pages, accounts, sites, channels and/or any application(s) within the said pages, accounts, sites and channels which have been established and are administered by PBCHBS Companies (each individually referred to as a "Social Media Page", collectively referred to as the "Social Media Pages"). The term "Websites" (defined earlier in these Terms) includes Social Media Pages. The term "Social Media Page Website" refers to the website which hosts the Social Media Pages you are accessing.
The Social Media Pages are designed for you and we encourage you to review, leave comments, discuss products and services of PBCHBS Companies, watch and share our videos and to engage us. Some of the comments and materials posted to the Social Media Pages and the Social Media Page Websites may not represent the opinions of PBCHBS Companies. You agree that you will not post or submit any information, post, link or material of any kind on the Social Media Pages which fall into any of the categories described below:
- Anything defamatory, abusive, infringing, obscene, misleading, unlawful or which otherwise violates the legal rights (including the privacy) of others;
- Anything that contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
- Anything that falsifies the origin or source of any information; or
- Any information, posts, links or material of any kind that we determine to fall into any of the categories described above will be removed.
PBCHBS Companies will not be responsible or liable for the entities which own or operate the Social Media Page Websites or the Social Media Page Websites in any way, including being liable for any losses, or direct or indirect damages arising from any action or decision made by you or anyone else in reliance on the Social Media Page Websites.
If you have a question or concern about anything posted on the Social Media Pages, feel free to contact us at firstname.lastname@example.org
Trade-marks and Trade-names
Pacific Blue Cross is a registered trade-mark of the Canadian Association of Blue Cross Plans (CABCP) and registered trade-name of PBC Health Benefits Society (PBC), an independent licensee of CABCP.
Certain names, words, titles, phrases, logos, icons, graphics or designs, or other content on the Websites, are trade-marks or trade-names owned by the Canadian Association of Blue Cross Plans, an association of independent Blue Cross Plans, and are used under license to PBCHBS Companies. Other names, words, titles, phrases, logos, icons, graphics or designs, or other content on the Websites, are trade-marks owned by PBCHBS Companies.
Without limiting the generality of the foregoing, trade-marks and trade-names owned by the Canadian Association of Blue Cross Plans include the following: Blue Express, BlueLink, Blue Advantage, Blue Chip, Blue Choice, BLUEnet, CARES, CARESnet, ADMINnet, ADVISORnet, PROVIDERnet, WEBCRS and Pacific Blue Cross.
Without limiting the generality of the foregoing, trade-marks and trade-names owned by PBCHBS Companies include the following: My Good Health.
Blue Shield is a registered trade-mark of Blue Cross Blue Shield Association.
Other products, services and company names mentioned in the Websites may be the trade-mark(s) or trade-name(s) of their respective owners.
You should assume everything you see or read on the Websites is copyrighted unless otherwise noted. You require the written consent of PBCHBS Companies to copy or display any portion of the content of the Websites for redistribution to third parties for either commercial or non-commercial purposes.
MediResource Inc. (MRI) creates and licenses certain health content (the "Content") for Blue Cross plan members and the dependents of plan members provided through the Websites. MRI Content may include health assessments, health articles, health features, health tools, medication fact sheets, or condition fact sheets. MRI owns the copyright to this material. Copyrighted material includes the text, the arrangement of that text and any tables, titles, or pictures associated with that text, and any derivates made from that text.
MRI authorizes you to view or download a single copy of the Content provided through the Websites solely for your personal, non-commercial use if you include the following copyright notice: "Copyright 1996 - 2011, MediResource Inc. All rights reserved" and other copyright and proprietary rights notices that were contained in the Content.
The Content is protected by copyright under both Canadian and foreign laws. Title to the Content remains with MRI or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trade-mark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of MRI. All rights not expressly granted herein are reserved to MRI and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Not offering any advice
ALL CONTENT AVAILABLE ON THE WEBSITES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE TO YOU, AND SHOULD NOT BE ACTED OR RELIED UPON IN THAT REGARD WITHOUT SEEKING THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL.
Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or take any actions without professional advice about any contemplated action or delay in seeking professional advice because of something you have read in the Content.
If you think you may have a medical emergency, call your doctor or 9-1-1 immediately. PBCHBS Companies and MRI do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned in the Content. Reliance on any information provided by PBCHBS Companies, MRI or any of their alliance partners, suppliers or affiliates on the Websites is solely at your own risk.
No endorsement or approval of any third party or its advice, opinions, information, products or services is expressed or implied by any Content provided through the Websites.
Third parties who receive compensation for discussing our products or services must disclose that we have paid for their comments. Similarly, employees of PBCHBS Companies, who endorse our products and services while participating in Social Media, are instructed to disclose Pacific Blue Cross employs them.
You hereby authorize PBCHBS Companies to collect and retain all relevant information relating to your use of the Websites. You further authorize PBCHBS Companies to receive and to send such information to any authorized third party. Please see our Privacy Statement for more information.
Any unprotected email communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not secure or confidential, subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information via these media. PBCHBS Companies are not responsible for and will not be liable to you or any one else for any damages in connection with an email or text message sent by you to PBCHBS Companies, or an email or text message sent by PBCHBS Companies to you. PBCHBS Companies do not send personal information over the internet unless it is encrypted or adequately secured to avoid interception.
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
PBCHBS Companies assume no responsibility or liability for any damage to, or viruses that may infect your computer equipment or other property in connection with your access to or use of this site or any Websites or your downloading of any data, text, images, files or other materials from the Websites.
Right of Indemnification
You agree to defend, indemnify and hold PBCHBS Companies or any of their alliance partners, suppliers, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of the Terms by you, or in connection with your use of the Websites.
Failure of PBCHBS Companies to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or rights contained in this legal information.
The Websites, the Content, the Terms and the Page Disclaimers will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Websites, the Content, the Page Disclaimers or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of Vancouver in the Province of British Columbia. You submit and attorn to the exclusive jurisdiction of the courts of Vancouver in the Province of British Columbia to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Websites, the Content, the Page Disclaimers or the Terms.