Terms of Use - Care Path Portal

INTRODUCTION

Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association ("HCSC"), d/b/a Blue Cross and Blue Shield of Illinois, Blue Cross and Blue Shield of Montana, Blue Cross and Blue Shield of New Mexico, Blue Cross and Blue Shield of Oklahoma, and Blue Cross and Blue Shield of Texas, offers the Care Path Portal ("CPP"), a secure online resource for the exclusive use of employees authorized by the Employer Group Health Plan, Vendors authorized by Employer Group Health Plan, and Vendors authorized by HCSC collectively ("Authorized Users"). These Authorized Users assist in coordinating, administering and providing educational, clinical and other wellness services to eligible individuals of an Employer sponsored health plan or of a HCSC health plan ("Eligible Individual").

BEFORE YOU BEGIN

As an Authorized User, you want to get started using the Care Path Portal ("CPP") and HCSC wants to ensure that as an Authorized User, you have an understanding of the following Terms of Use. Please read these Terms of Use in their entirety since these along with the Privacy Statement constitute a binding agreement between Authorized Users and HCSC and will require your agreement and compliance. You may read each of sections via these quick links:

PROTECTED HEALTH INFORMATION

You represent that as an Authorized User of the CPP, you are permitted to access, disclose and use Protected Health Information (PHI) of Eligible Individuals as defined under the provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as amended, known more commonly as the "Privacy and Security Rule." In addition, you agree to comply with the applicable requirements of the Privacy and Security Rule.

AUTHORIZED USERS RESPONSIBILITIES

Users agree to:

  • Act responsibly
  • Protect your unique identifier and/or password from any unauthorized use
  • Notify us immediately if you suspect or become aware of any unauthorized use or access to your account or any account-related security breach.

Users agree not to:

  • Share your unique identifier and/or password with anyone else
  • Provide any false or inaccurate information
  • Use any device or computer program in order to interfere or attempt to interfere with the proper operation of this website
  • Take any action that imposes an unreasonable load on the systems supporting this website
  • Attempt to disrupt, degrade, impair or violate the integrity or security of the infrastructure of this website (e.g., hacking, denial of service attacks), including any activity that precedes 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 our IP space
  • Remove or obscure the copyright notice or other notices displayed on the content and/or frame HCSC's name or any HCSC proprietary content, trademark, logo or trademarks in any meta-tags or other hidden text, or other proprietary information on this website
  • Copy, reprint, modify, lease, distribute, assign, sell content, license, reverse engineer, create derivative works or take other actions that may be prohibited by the Federal regulation known commonly as the "Copyright Act" using information or content retrieved from this website or any of the third-party websites we may provide links to
  • Use this website in a manner that may adversely affect this website's resources or its availability to others, or that violates U.S., local, state or federal law.

We rely on the good faith of all authorized users of the CPP portal to honor these responsibilities. If you choose to provide inaccurate or false information, use poor judgment or allow unauthorized access, HCSC has the right to discontinue your access to this website.

OUR RESPONSIBILITIES

We agree to:

  • Make reasonable efforts to present accurate and current information on this website; however it is possible that information found on this website may be out-of-date
  • Have security measures in place to protect against the loss, misuse or alteration of information under our control
  • Continually evaluate new technologies intended to safeguard your information
  • Provide the content and information on this website on an "AS IS" and "AS AVAILABLE" basis, without any representations or warranties
  • Grant you a personal, non-transferable, non-exclusive limited license to access this website and to download and print a single copy of the HCSC content from this website solely for your company's non-commercial use
  • Protect your online information according to applicable U.S. local, state and federal laws and our established company policies, standards and practices.

WEBSITE LINKS

The Care Path Portal may contain links to other websites and/or resources hosted by independent third parties. At times, HCSC works with such third parties to create the content on these websites; at other times, a link to these websites is provided solely as a resource or convenience for our users. Since these third-party websites are not hosted or maintained by HCSC, we do not make any guarantees or warranties as to the validity or accuracy of the information posted on these websites, or for any products or services that may be available on these websites. As a result, you agree that HCSC has no liability for any damages you may incur as a result of your use of or the information you receive from or submit to these third-party websites. The use of these third-party websites may subject the user to separate binding agreements, including terms of use and privacy statements, which can be found on the third-party website if applicable. Be sure to read these additional agreements and statements and have a working understanding of the terms.

MISCELLANEOUS

Governing Law

These Terms of Use and authorized access to CPP are governed exclusively by the laws of the State of Illinois, without reference to its rules regarding choice of law.

Limitation of Liability

You, as an authorized representative of your company, agree that you will use this website at your own risk. HCSC and its licensors have no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this website or the information you receive from or submit to this website. HCSC and its licensors shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data from this website, theft or errors.

Ownership and Copyright Protection

All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) on this website are solely and exclusively the property of HCSC or its licensors, and are protected by intellectual property laws. Blue Cross, Blue Shield and the Cross and Shield symbols are registered service marks of the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans. HCSC is a licensee of the Blue Cross and Blue Shield Association. You acknowledge that content available through this website, including, without limitation, content of third parties is protected by copyright, trademark, patent or other intellectual proprietary rights and laws.

Dispute Resolution

Unless prohibited by applicable law, all issues and questions between HCSC, our licensors, the Employer Group and authorized users, and/or you, arising out of, relating to, or in connection with these Terms of Use, their interpretation, application, performance, nonperformance or breach, or any information received or otherwise relied on (collectively, "Dispute" or "Disputes") shall be resolved using alternative dispute resolution mechanisms as set forth in the Mediation/Arbitration Provisions delineated below.

Mediation/Arbitration Provisions

  1. Initial Resolution by Meeting or Mediation of Dispute.
    1. HCSC or Authorized User (the "Notice Party"), as the case may be, shall deliver written notice to the other party (the "Receiving Party"), via certified mail, return receipt requested, of the existence of a Dispute (the "Initial Notice"), as follows:

      If to HCSC:
      300 E. Randolph Street
      Chicago, IL 60601
      Attn: Legal Department
      If to Authorized User: At the last known address of record.
    2. The Receiving Party has thirty (30) calendar days following the Notice Party's delivery of such notice to provide a prompt and effective remedy.
    3. If the Receiving Party has failed to provide a prompt and effective remedy within thirty (30) calendar days following delivery of such notice, and the Receiving Party and Notice Party mutually agree that a meeting to attempt to resolve the Dispute would be advantageous, representatives of both parties shall meet not later than thirty (30) calendar days after delivery of the Initial Notice in order to attempt to resolve the Dispute. Subsequent meetings may be held, upon mutual agreement of the parties.
    4. If such a meeting has not been mutually agreed upon within thirty (30) calendar days of delivery of the Initial Notice, or if the Dispute has not been resolved within thirty (30) calendar days of commencement of any such meetings, the Notice Party shall submit the Dispute (the "Mediation Submission") to mediation by an organization or company specializing in providing neutral, third-party mediators. The mediation process shall be coordinated by the Notice Party with the mediator and shall be subject to the following agreed-upon conditions:
      1. The parties agree to participate in the mediation in good faith
      2. The parties agree to have present at the mediation one or more individuals with decision-making authority regarding the Dispute;
      3. Either party may, at its option, be represented by counsel;
      4. The mediation shall be conducted in English;
      5. The mediation shall be held at a mutually agreed upon venue location in or near within sixty (60) days of the Mediation Submission, unless the parties mutually agree on a later date or an alternate venue location; and
      6. The parties shall each bear their own costs and shall each pay one-half of the venue location fee and the mediator's fees and costs, unless the mediator subsequently determines that one party did not participate in the mediation in good faith, in which case that party shall pay all of the venue location fee and mediator's fees and costs.
  2. Binding Arbitration.
    1. Any Dispute or portion thereof that remains unresolved thirty (30) calendar days after Mediation, either HCSC or Authorized User, on Authorized User's own behalf and not as a representative of a purported class, shall submit the Disputes to final and binding arbitration (the "Arbitration Submission") under the commercial rules and regulations of JAMS/Endispute, subject to the following:
      1. The arbitration shall be conducted by a single arbitrator selected by the parties from a list furnished by JAMS/Endispute (the "Arbitrator"), provided that in the event of a conflict with the terms of these Mediation/Arbitration Provisions, the terms of the Mediation/Arbitration Provisions shall control. If the parties are unable to agree on such Arbitrator from the list, such Arbitrator shall be appointed by JAMS/Endispute or in the alternative, each party shall select one arbitrator who, in turn, shall together select the Arbitrator who shall arbitrate the Dispute.
      2. The Arbitrator shall be required to render a written decision resolving all Disputes with the reasons therefore, and designating one party as the "Prevailing Party" within sixty (60) days from the date of the Arbitration Submission.
      3. The costs of arbitration, including the venue location fee, Arbitrator's fee and any reporting or other costs, but excluding lawyers', consultants' and witness fees, shall be borne by the non-Prevailing Party unless the Arbitrator subsequently determines as part of his or her award that such allocation is inequitable under the totality of the circumstances.
      4. The arbitration hearing shall be conducted in English and held at a mutually agreed upon venue.
      5. Except with respect to any Dispute or portion thereof involving actual or alleged violation of HCSC's or any of HCSC's supplier's intellectual property, the Arbitrator shall not have power to award (A) damages inconsistent with the Terms of Use; or (B) punitive damages or any other damages not measured by the Prevailing Party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum.
      6. Any determination by the Arbitrator with respect to any Dispute shall be final and binding on each party. Judgment upon the award of the Arbitrator may be entered in any court having competent jurisdiction thereof.
    2. Authorized User acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from filing an action at law or in equity and from having any Dispute covered by this agreement resolved by a judge or a jury. Authorized User further acknowledges that these Mediation/Arbitration Provisions preclude Authorized User from participating in a class action or class arbitration filed by any other Authorized User or any other plaintiff claiming to represent Authorized User or Authorized User's interest. Authorized User agrees to opt-out of any class action or class arbitration filed against HCSC that raises claims covered by the Mediation/Arbitration Provisions, including, but not limited to, class actions or class arbitrations that are currently pending.
    3. Notwithstanding the foregoing, each of the parties hereto retains the right to seek judicial assistance to obtain interim measures of protection pending arbitration for alleged or imminent breaches of intellectual property rights, confidentiality restrictions or security obligations. In the event that either party seeks judicial assistance to obtain interim relief, or in the event that any dispute arises relating to arbitration, the sole jurisdiction and venue for such actions shall be the U.S. District Court located in or near Chicago, IL, or if there is no federal jurisdiction, in the state courts located in the State of Illinois. Each of the parties to this Terms of Use hereby consents to exclusive personal jurisdiction, service of process and venue in the courts for such interim measures of protection and for disputes relating to arbitration.

PRIVACY STATEMENT

At HCSC, we know how important the security and privacy of data is to you. Therefore, please review the following statement which explains what data we collect, how we use the personal information you provide, and how we keep that information secure. "Personal information" refers to data that is unique to you such as name, birth date, address, email address, IP address and telephone number.

Information Collected and Used

For purposes of this site, we collect your email address and phone number in order to create your Authorized User profile. In addition, this information is used whenever a referral is generated or information exchanged between Authorized Users. In addition to the information listed above, we may also collect electronic data about you, these tools are described below. Please be aware that none of these tools provide HCSC with the ability to read any data residing on your computer. Cookies and tags are used on websites to gather information about how individuals use and navigate the website. Neither cookies nor tags can extract any personal information about you, nor can they read any data that resides on your personal computer or device. The data collected from these sources are used to recognize repeat users and track usage patterns. Specifically, we use "cookies," which are small pieces of information sent by a web server and stored by a member's web browser. Cookies allow the web server to maintain an active "session" with an individual user and track what tools users are accessing on the site.

These are examples of how the information collected from these cookies and tags is used:

  • Tracking resources, data and tools accessed on the site
  • Recording general site statistics and activity
  • Troubleshooting website problems
  • Improving the functionality of the site and the user experience.

Data Security and Storage

HCSC adheres to accepted industry security standards that are designed to protect any non-public personal information on this website against accidental or unauthorized use, access or disclosure. The technology we use is specifically designed for web servers. The personal information resides in the United States of America in a secure database behind a firewall where it cannot be accessed without proper authorization. All personal and health information is encrypted when it is transmitted over the Internet. In addition, to periodically performing simulated intrusion tests; HCSC has a comprehensive disaster recovery plan.

You also have a responsibility in keeping the personal information that is available on the CPP secure by keeping your account name and password confidential. This will help prevent any potential unauthorized access to your account. Please review our Terms of Use to understand your role in keeping your personal information safe.

Data Retention and Destruction

HCSC complies with the laws and regulations related to both the length of time that we retain your electronic personal information and its proper destruction.

Changes to Terms of Use and Privacy Statement

HCSC may change both the Terms of Use and Privacy Statement from time to time. When updates are made, the date at the bottom of the statement will be updated to reflect that a revision has occurred.

CONTACT US

If you have any questions or concerns about this privacy statement, please contact us @ 888-706-0583.