CHM Hub(r) | Terms and Conditions

Terms and Conditions

v6(rev.02/25/21)

The following terms and conditions ("Terms and Conditions") govern your use of the Blue Cross Blue Shield Association, Inc.’s (BCBSA) Community Health Management Hub (“CHM Hub”) Web Site: Insights.CHMHUB.com (the "Site"). By accessing, viewing, posting or using the material on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, 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 in any manner and must exit immediately. BCBSA may revise these Terms and Conditions by posting them on the Site without further notice. BCBSA reserves the right to discontinue or modify these Terms and Conditions as deemed necessary or desirable without prior notification. If BCBSA makes changes to these Terms and Conditions and you continue to use the Site, you are impliedly agreeing to the Terms and Conditions. Any such revisions, deletions or modifications shall be effective immediately upon BCBSA's posting thereof. Any use of the Site by after such notice shall be deemed to constitute acceptance of such modifications.

The Site is intended only for use by participating Blue Cross and/or Blue Shield Plans (“Blue Plans”) and certain other third parties permitted by BCBSA, for purposes only in connection with efforts to support community health management and Determinants of Health (“DoH”) analytics (the “Purpose”). Permitted users must protect, and cannot share, their logins or identification numbers required to access and use this Site. Blue Plan employees must use their Blue Plan email to access the Site. A permitted user's permission to use this Site is personal to that individual user and is not transferable to any other person or entity.

1. About CHM Hub, Generally.

CHM Hub is a proprietary software application dedicated to integrating diverse information to improve healthcare at the community level. CHM Hub provides geo-spacial visualization of certain health conditions that may be mapped to local resources, compared against other areas, or matched to community programs. CHM Hub offers general information and opportunities to collaborate. CHM Hub does not provide medical, legal, or financial advice. For medical issues, check with your healthcare provider. Neither BCBSA nor any Blue Plan recommends, endorses, warrants, or guarantees, nor are they responsible for and specifically disclaims damages based on any program, provider, product, or service whose information may appear on the Site or information posted by any user.

2. Proprietary Rights; Limitation of Use.

All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, BCBSA is the owner of the copyright in the entire content (including images, text and look and feel attributes) of the Site, including but not limited to all content pertaining to CHM Hub, and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. 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. Any commercial use of Site content is prohibited without the prior written consent of BCBSA. Except as indicated, BCBSA owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Removing or altering the copyright notice on any material on the Site is prohibited. Please be advised that BCBSA actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

By using this Site, you also agree:

Not to publish any portion of this Site, its content, or any reports or information derived therefrom without BCBSA's prior written consent before each such use, except for internal use within your own company or with your own Blue Plan;
Not to copy, download, scrape, or extract any raw data or any screen contents from this Site, other than the report(s) that this Site is designed to provide for you, as a permitted user, for the Purpose described above;
Not to copy, download, scrape, extract, reprint, modify, link, deep link, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from this Site or any of the third-party web sites to which BCBSA may provide links;
Not to use any device or computer program in order to interfere or attempt to interfere with the proper operation of this Site (e.g., hacking, denial of service attacks, etc.), including any activity that attempts, or precedes any attempts, to breach security (such as scanning, probing, or other testing or vulnerability assessment activity), or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of BCBSA's IP space;
Not to code or introduce any Harmful Code into any part of this Site (“Harmful Code” means any self-propagating program that infects, damages, or disables another program; contains any virus, Trojan horse, or worm; or contains any code designed to permit unauthorized access or monitoring, or that alters or erases any data or programs without control of the person operating the computer on which it resides);
Not to use this Site in a manner that may adversely affect this Site's resources or its availability to others, or that violates U.S., federal, state, or local law;
Not to use the BLUE CROSS or BLUE SHIELD word or design trademarks or service marks (collectively, “Blue Brands”), and not to make any reference to BCBSA, the Blue Cross Blue Shield Association (“BCBSA”) or the Blue Plans (in your advertising, letterhead, symbol or logo, or in any other manner, including but not limited to press releases) without prior written approval of BCBSA. You acknowledge that all use of the Blue Brands, if so permitted by BCBSA, must inure to the benefit of BCBSA and must comply with all applicable BCBSA rules and regulations;
Not to post any information that may be considered Confidential Information (as defined in Section 3 below) or competitively sensitive information, which may include but is not limited to, trade secrets, Personal Health Information (PHI”)/Personal Identifiable Information (“PII”) as defined in Section 8 below, pricing or payment information;
Not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense or an illegal restraint of trade, give rise to civil liability or otherwise violate any law; Not to use the Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with BCBSA or any Blue Plan; and
That BCBSA, Blue Plans, or other interested entities may send you communications (via email or other media) on matters pertaining to the Site or its contents.

3. Confidential Information.

This Site, its contents, and all reports generated by this Site are deemed “Confidential Information” of BCBSA. You agree not to disclose any of the Confidential Information to any person or entity other than your own company's or Blue Plan’s directors, officers, and employees, except with BCBSA's prior written consent for each such use. You will safeguard all Confidential Information from unauthorized disclosure or access, and will maintain it in strict confidence, protecting it with the same degree of care that you exercise with your own Confidential Information, but in no event less than a reasonable degree of care. Except as provided in these Terms and Conditions, you will not use or disclose any Confidential Information without the BCBSA's prior written consent, and then only for the Purpose described above. You will notify BCBSA promptly of any unauthorized access or disclosure of which you, your company or Blue Plan becomes aware.

4. Communications With The Site.

BCBSA welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, postings or other content (collectively, "Content") 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 Content (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 content. Further, 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, including but not limited to creating and marketing products and/or services using such information. BCBSA is not responsible and shall not be liable for Content posted to the Site by anyone other than BCBSA or BCBSA employees. Opinions or comments contained in Content reflect the views of the author and not of BCBSA unless BCBSA expressly states to the contrary. BCBSA directly or indirectly through others shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with these Terms and Conditions and any operating rules established by BCBSA, as well as to satisfy any applicable law, regulation or authorized governmental request. Without limiting the foregoing, BCBSA directly or indirectly through others of shall have the right to remove any material that BCBSA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. BCBSA does not control or endorse the content, messages or information found in any Community, and, therefore, BCBSA specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable Content. Generally, any communication which you post to any part of the Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non- confidential. By posting comments, messages or other information on the Site, you grant BCBSA the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY BCBSA. MOREOVER, BCBSA RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT BCBSA DEEMS UNSUITABLE.

5. No Solicitation or Offer.

This Site is designed to provide general information about BCBSA, its products and services, and BCBS Plans. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states or countries and in many instances may be offered only through employers or Blue Plans and their affiliates or other Blue Plan licensees.

6. No Medical Services or Advice.

Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between BCBSA and you by reason of your use of this Site or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals. You must not post any Confidential Information, including PHI and/or PII as defined in Section 8 below.

7. No Legal Advice.

Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between BCBSA and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.

8. No Disclosure of PHI or PII

No exchange is anticipated between you and BCBSA of any PHI, as that term is defined by Subtitle F of Title II of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 Code of Federal Regulations Parts 160-164) (the HIPAA Rules), and/or nonpublic PII, as defined by applicable state statutes and/or regulations implementing Title V of the Gramm-Leach-Bliley Act (15 U.S.C. � 6801 et seq. ) (GLB Regulations), as may be amended from time to time. Should that change, then you will enter promptly into a Business Associate Agreement with BCBSA before any such information could or would be disclosed, if ever, by BCBSA.

9. Confidentiality Cannot be Guaranteed.

Please be advised that the confidentiality of any communication or material transmitted to the Site or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. For private and personalized attention, you may also contact BCBSA by telephone at 312 -297-6000, or write us at BCBSA, 225 N. Michigan Avenue, Chicago, Illinois 60601, Attn. Web Team.

10. Privacy Statement.

BCBSA has adopted the BCBSA’s 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 expressly incorporated into these Terms and Conditions.

11. Securities Information.

This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information about BCBSA, and although this information was believed to be accurate as of the date prepared, BCBSA disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

12. Disclaimer of Warranty and Liability.

USE OF THIS SITE IS ENTIRELY AT YOUR OWN EXPENSE AND AT YOUR OWN RISK. NEITHER BCBSA NOR ITS AFFILIATES OR BLUE PLANS ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE USER SPECIFICALLY ACKNOWLEDGES THAT BCBSA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD-PARTY UNDER OR THROUGH THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. BCBSA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BCBSA TO YOU EXCEED THE PRICE PAID, IF ANY, FOR USE OF THE SITE (OR $-0-, IF NO PRICE WAS PAID). ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

13. Corrections and Changes; Termination.

BCBSA has made reasonable efforts to present accurate information on the Site; it is possible, however, that information found on the Site may be or may become out-of-date. While BCBSA endeavors to keep the materials on the Site up to date, BCBSA cannot assume responsibility for any errors or omissions in these materials. The information on this Site comes from a variety of sources. Someofthisinformationmaynotbeverified,includingbutnotlimitedtoContentposted by users. All information on the Site is subject to change without notice. BCBSA further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. BCBSA may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. BCBSA may edit, modify and/or delete Content at anytime. 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 at BCBSA's sole discretion; and, upon termination, your authorization to access or use this Site and its contents will cease immediately.

14. Indemnification.

You agree to defend, indemnify, and hold harmless BCBSA, Blue Plans, their affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys 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/or any breach by you of these Terms and Conditions.

15. Links to Other Web Sites.

This Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which BCBSA exercises no control, and BCBSA 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. BCBSA does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Site.

16. Use of the Internet.

While BCBSA strives to make this Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. BCBSA shall have the right at any time to change or discontinue any Content or feature of the Site. Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither BCBSA nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, pandemics/epidemics, strikes or other labor problems, wars, or governmental restrictions.

17. Governing Law and Jurisdiction.

These 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, posting or using the material 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 materials in the Site are 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.