Alberta Blue Cross^® Plan Member Web site and Mobile Application Terms of Use

The Site, including any form, design, function, navigation element or information contained within the Site, as may be revised and updated from time to time, without notice, (“Content”) is protected under applicable intellectual property and other laws including, without limitation, the laws of Canada and other countries.

For clarity, Content further includes any forms you submit to the Site. All Content and intellectual property rights therein are the property of Alberta Blue Cross^® or its licensors and title to the Content remains with us or our licensors. You do not acquire ownership rights to any Content.

If you violate any of the Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

All rights not expressly granted herein are reserved to Alberta Blue Cross^® and its licensors.

The Site may contain registered and unregistered trade-marks, trade names, service marks, logos, product and service names, and graphics (collectively, “Trademarks”) belonging to, or used under license by, Alberta Blue Cross^® or other owners including licensors. The appearance of such Trademarks does not convey to you any rights to use them. You are not authorized to display, copy or use the Trademarks in any manner without the prior written permission of the rights owner.

All information in the Site is protected under the copyright laws of Canada and/or other countries.

You agree to use the Site solely at your own risk.

The Site and the Content are provided “as is” and “as available.” Alberta Blue Cross^® assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, or for the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.

Alberta Blue Cross^®, to the fullest extent permitted by law, disclaims all warranties of every kind, whether express or implied, statutory or otherwise. Alberta Blue Cross^® explicitly disclaims any representation, warranty or condition of merchantability, fitness for particular uninterrupted or error-free services, or inter-operability of products and services, whether arising by usage or trade, course of dealing, course of performance, statute, or otherwise. Alberta Blue Cross^® assumes no liability or responsibility pertaining to the Content, your use of the Site, or the receipt, storage, transmission or other use of your personal information.

In no event will Alberta Blue Cross^®, its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees be liable for any direct, indirect, special, incidental, punitive, exemplary, aggravated, economic or consequential loss or damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings. This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory, and applies even if Alberta Blue Cross^® or any of its lawful agents or employees have been advised of the possibility of such damages or claim.

The Site may contain links to other web sites for your convenience in locating information and services that may be of interest. You acknowledge that people or organizations over which Alberta Blue Cross^® may exercise no control maintain these other web sites and when you access these other web sites, you are doing so at your own risk. Alberta Blue Cross^® expressly disclaims any responsibility for the content, accuracy of information and/or the quality of products or services provided by or advertised on these other web sites. Alberta Blue Cross^® does not control, endorse or promote any other web site unless expressly stated.

For clarity, the Balance^® functionality is considered to be part of the Site.

The Site, the Content and these Terms of Use will be governed by the laws of the Province of Alberta, Canada, without regard to its conflicts of law provisions and shall be treated in all respects as though it were an Alberta contract and the Courts of Alberta will have exclusive jurisdiction. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

You and Alberta Blue Cross^® have expressly requested that the Terms of Use and all documents and notices be drafted in the English language. Toi et Alberta Blue Cross^® ont demandé expressément que cette la présente entente et tous les document et avis connexes soient rédigés en anglais.

No waiver of any of these Terms of Use shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

You agree at all times to indemnify, defend and hold harmless Alberta Blue Cross^®, its agents, licensors, suppliers, affiliates and their respective directors and employees from and against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other professional fees and disbursements) sustained, incurred or paid by Alberta Blue Cross^® directly or indirectly in respect of your violation of these Terms of Use.