Terms and Conditions of Use
The following terms and conditions ("Terms and Conditions") govern your use of the www.WalkingWorks.com Web site (the "Site"), and by clicking below or accessing, viewing, or using the Site or any of the Content (defined below) on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, binding written contract, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.
1. Protected Access Site. The Site and all the information, material and contents ("Content") on the Site are intended for use by persons authorized by the Blue Cross and Blue Shield Association ("BCBSA), Blue Cross and Blue Shield Plans ("Blue Plans"), or Blue Plans' licensed, controlled affiliates ("Controlled Affiliates"), and granted a login account by BCBSA. Any other persons or entities must receive prior written permission from BCBSA before being granted access to the Site. All passwords used to access the Site must be kept confidential. Under no circumstances shall passwords be shared with, or access to the Site or Contents provided for, an unauthorized person or entity. If you have reason to believe that a password has become known to anyone else, you must immediately contact firstname.lastname@example.org to report the issue and obtain a new password.
2. Proprietary Rights. All Content on this Site is protected by law, including without limitation United States copyright law. BCBSA also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site Content. Removing or altering the copyright notice on any Content on the Site is prohibited. Unless otherwise indicated, Blue Plans and Controlled Affiliates may reproduce and distribute Content solely for use in conjunction with the conduct of their own businesses. All trademarks, service marks or other logos featured on the Site are protected by law. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.
3. Appropriate Use. You may not use the Site to send offensive or disruptive material, including without limitation offensive sexual, racial or gender related material, material that violates BCBSA's non-discriminatory policies, viruses or other material that may disrupt or interfere with hardware or software functionality, or spam. Notwithstanding the foregoing, BCBSA is not responsible and shall not be liable for any Content posted to or sent from the Site by visitors or persons, other than BCBSA employees. Opinions or comments contained in such Content reflect the views of the author and not of BCBSA unless BCBSA expressly states to the contrary.
4. Contributions to the Site. BCBSA welcomes your contributions to and feedback and suggestions about how to improve this Site (collectively, "Submissions"). By transmitting any Submissions to BCBSA, you automatically grant BCBSA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Submissions (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. Further, unless otherwise agreed to in advance, BCBSA is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever.
5. Corrections and Changes. While we endeavor to keep the Content on the Site up to date, BCBSA cannot assume responsibility for any errors or omissions in the Content. BCBSA further does not warrant the accuracy or completeness of the Content. BCBSA may add, modify or remove Content at any time without notice, but BCBSA makes no commitment to update the Content contained herein.
6. Links to Other Web Sites. This Site may contain links to other Internet sites, extranet sites, or sites on other networks for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these are third-party sites maintained by persons or organizations over which BCBSA exercises no control, and BCBSA expressly disclaims any responsibility for the content, the accuracy of the content and/or quality of products or services provided by or advertised on these third-party sites. BCBSA does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated on the Site.
7. Confidentiality and Security Cannot be Guaranteed. This Site uses commercial software to help ensure the confidentiality and security of any communications or material transmitted to or from the Site. Notwithstanding these efforts, BCBSA cannot guarantee the confidentiality and security of such electronic communications and transmissions.
8. Privacy Statement. The Site has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. The Privacy Statement is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
9. No Medical Advice. Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, medical advice, guidance, or interpretation. No physician-patient relationship is established between BCBSA and you by reason of your use of this Site or under any circumstances whatever. Prior to commencing any physical activity program, users should consult their health care professional.
10. Disclaimer of Warranty and Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: TO THE FULLEST EXTENT PERMITTED BY LAW, BCBSA EXPRESSLY DISCLAIMS ANY WARRANTIES CONCERNING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. BCBSA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, OR FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH THE SITE, INCLUDING WITHOUT LIMITATION HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATING OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. BCBSA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENTS, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF THE CONTENT, PRODUCTS AND SERVICES OFFERED AT THE SITE. SOME PRODUCTS AND SERVICES MAY NOT BE AVAILABLE IN ALL GEOGRAPHIC AREAS OR TO ALL USERS OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BCBSA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED OR PROMOTED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED. THIS SITE AND THE PRODUCTS AND SERVICES OFFERED AT THE SITE ARE OFFERED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Indemnification. You agree to defend, indemnify, and hold harmless BCBSA, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, and professional advisors from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
12. Governing Law and Jurisdiction.TThese Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without reference to its choice of law rules. By accessing, viewing, or using the Content on the Site, you consent to the jurisdiction of the federal and state courts presiding in Chicago, Illinois, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by BCBSA from its offices within the United States. BCBSA makes no representation that Content on the Site is appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire agreement between you and BCBSA with respect to your use of the Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, BCBSA has relied on your agreement to be legally bound by these Terms and Conditions. BCBSA reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.