Revised: March 17, 2021
Blue Cross and Blue Shield of South Carolina (referred to as “Company” or “we” or “us”), in support of the Diabetes Free SC program, is the owner of this website or mobile or other application (each referred to as the “Site”) and, makes the Site available to you.
1. General Terms
1.1 In consideration for using this Site, you agree to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR TO ANY PRIVACY POLICY CONTAINED OR REFERRED TO ON THIS SITE, DO NOT USE THIS SITE. By using this Site (other than to read these Terms of Use for the first time) or clicking on the words “Continue”, “Yes” or “I Agree” or any similar wording anywhere on this Site or as a requirement to access, download, or otherwise use the Site, you agree to comply with these Terms of Use. Company reserves the right to change these Terms of Use from time to time and you hereby agree to such changes without further notice. We suggest that you re-read the Terms of Use and any privacy policies contained on or referred to on this Site (“Privacy Policy”) from time to time so that you stay informed as to any such changes. In any event, by using this Site, you agree that you will be bound by the Terms of Use appearing on this Site at the time you are using this Site.
1.2 The right to use this Site is personal to you and is not transferable to any other person or entity. You are responsible for protecting the confidentiality of your password and user name, if you have them.
1.3 You acknowledge that this Site may experience service interruptions or events that are beyond Company’s control and that Company will not be responsible for any information you may lose while you are using this Site or when you transmit information to this Site via the Internet.
1.4 Your use of the Internet and this Site is solely at your own risk. If you have login credentials, you may not share your login name, password or other credentials, if any, with a third party. You agree to assume all risks associated with any usage, whether or not authorized, of your login name, password or other credentials, if any, or other information you share with or have access to on this Site and further release us from any and all claims, liabilities and damages, of whatever nature, related to this Site.
1.5 You represent and warrant to us that you are age 18 or older. Use by those under the age of 18 is not authorized. This Site is not directed at children under the age of 13. Company does not knowingly permit registration or submission of personally identifiable information by anyone younger than 13 years of age.
1.6 Although these terms refer to some uses of your information, please refer to our Privacy Policy for a more detailed review of our usage of your information. In the event of a conflict, the interpretation allowing broader use shall be used, provided that such use is in compliance with applicable law.
2. Information on this Site
2.1 Company has no legal duty to you to update information on this Site. This means information on this Site may be out of date at any given time. Company also may make improvements or changes to the information, products, or services described on this Site at any given time without notice.
2.2 Company has no legal duty to you to ensure that this Site is correct. By using this Site, you agree not to hold Company liable for any inaccuracy of this information and you assume all the risks associated with its use.
2.3 We may modify, remove, or update information on this Site without notice. Company may change or terminate any feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Company may stop providing any information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other aspects of this Site’s operation. If we terminate your access to this Site, then this Agreement shall remain in full force and effect and shall survive as the governing terms of your access and use of the Site and Services prior to your termination. Furthermore, we may modify or discontinue your access to any or all of this Site in our discretion at any time.
2.4 Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, medical advice. No doctor-patient or other medical provider-patient relationship is established between Company and you by reason of your use of this Site or under any circumstances whatsoever. The information in this Site is for general informational purposes only. If you have questions about medical issues or health information arising from your use of this Site, you should contact your own health professional.
2.5 Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal or financial advice, guidance, or interpretation. No attorney-client or accountant-client relationship is established between Company 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, or its financial ramifications, you should contact your own legal counsel, financial professional, or both.
2.6 Confidentiality of Communications: Communications that you post to this Site are not confidential. You are responsible for your own communications and the consequences of such posting. Some parts of this Site may allow you to post, or to e-mail to Company, materials or information ("Visitor Content"). You grant Company the unrestricted right to use or distribute, free of charge, any Visitor Content posted on this Site by you or anyone using your login information. COMPANY DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY OTHER USERS. ANY RELIANCE ON MATERIAL POSTED BY OTHERS IS AT YOUR OWN RISK.
Company may review, remove or edit any Visitor Content at its discretion. COMPANY HAS NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR VISITOR CONTENT POSTED BY YOU OR BY ANY OTHER PARTY.
3. Proprietary Rights
3.1 This Site and all contents posted on this Site are the exclusive property of Company or are licensed to Company for its use. As between you and Company, Company is the owner or licensee of the copyright in the entire content (including images, text, and look and feel attributes) of this Site and reserves all rights in that regard. YOU MAY NOT POST, LINK, OR MAKE OTHER MODIFICATIONS TO THIS SITE OR COPY MATERIAL FROM THIS SITE WITHOUT COMPANY’S EXPRESS WRITTEN CONSENT.
3.2 Company does not transfer or grant any of its intellectual property or other rights to you, including any copyright, trademark, service mark or patent rights, all of which Company expressly reserves for itself. You may not remove or change any copyright notice on any material on this Site.
3.3 (a) You may make reasonable, individual use of this Site and content on this Site for your personal or household purposes. You agree not to distribute, manipulate, create derivative works from, or use the information on this Site for any purpose other than as described above or as expressly authorized by Company. You additionally acknowledge that you do not acquire any ownership rights by copying or downloading copyrighted material.
(b) You agree that you shall comply with all applicable laws, regulations or other government directives regarding your use. You agree that you do not have permission to use and will not use this Site: (i) to access any information for which you do not have the legal right to view; or (ii) to distribute or publish any defamatory statements, pornographic material, copyrighted, trademarked or other proprietary material. You may not submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of "spam." You may not use a false e-mail address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.
3.4 Any violation of this Agreement may result in copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site contains Company’s or third party copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. This content is protected by copyright as a collective work under the United States copyright laws.
4. Security/Privacy; Other Websites; Information Sharing; Mobile Device Information Usage; Consent to Usage of Information; Email Usage; Cookies and Similar Technologies
4.1 Security/Privacy. This Site has security/privacy measures in place to protect against the loss, misuse and alteration of the information under our control. If you have login credentials, some of these security mechanisms may include passwords or other authentication or security controls. We use your Internet Protocol (IP) address to help diagnose problems with our server, and to administer this Site. Your IP address is also used to help identify you and to help gather broad demographic information. Although we have security and privacy measures in place, we cannot guarantee that unauthorized third parties (including computer hackers) will not gain unauthorized access to your information or otherwise misuse the system. Use your own best judgment when sending information via the Internet to an email address or website or this Site. Email sent via the Internet may pass through private and public networks with varying levels of security. Some networks may have taken steps to secure email transmissions while others have not, thereby compromising the privacy and integrity of an email. An email may be copied, altered or destroyed.
4.2 Third Party Sites, Terms and Information Sharing. As you navigate through this Site, you may be able to link to other sites for special offers or information. Please note that we provide these links for your convenience, but inclusion of the link does not imply endorsement by us. We do not guarantee any third party’s performance and do not guarantee any of the services or materials provided by any third party. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained as a linked site. You may be required to accept a linked website’s separate terms and conditions in order to access such website. Some linked sites may provide particular, personalized services. For the linked site to provide this type of detailed information, it may be necessary for us to provide the linked site with specific information related to your personal information. Your acceptance of this Agreement constitutes your agreement that we may provide such linked sites with necessary personal information. Because we do not control the linked sites, we encourage you to understand the privacy policies of linked sites. Obviously, we cannot be responsible for the privacy practices or the content of such websites. With regard to third party information, we do not endorse or otherwise recommend or approve any product or information located on or available through this Site.
4.3 Mobile Device Usage and Information. You agree to the following:
(a) Mobile usage includes any program or service accessed or used via your mobile device (e.g. a portable computer, iPad, iPhone, smart phone, smart watch, smart pad, or other such device) and the software modules operating within our mobile environment and appearing on your mobile device that provide you access to the Site.
(b) We collect information for mobile usage, such as your device type and hardware IDs; the request type; your mobile carrier; your mobile carrier’s user ID; the content of your request; basic usage stats about your device; and use of our products and services. This information does not by itself identify you to us, though it may be unique or consist of or contain information that you consider personal.
If you use location-enabled products and services, such as Google Maps for mobile, you may be sending us location information. This information may reveal your actual location, such as GPS data, or it may not, such as when you submit a partial address to look at a map of the area.
Our Site may allow you to download and/or personalize the content you receive from us. Through this Agreement, you authorize us to record information about your downloads and preferences, along with any information you provide about yourself. If this Site requires you to log in with a specific account, this information may be associated with your account.
(c) All requests made via your mobile device must be sent through your mobile carrier's network and your mobile carrier may have access to it. For information regarding your mobile carrier's treatment of your information, please consult your mobile carrier's privacy policies.
4.4 Consent to Use Information Supplied; TCPA Consent. In using this Site, you may supply or be requested to supply certain contact information, including, without limitation, your cell phone or other telephone number. You are not required to provide a cell or other telephone number to receive information, products, or services from or through Company or any entity supporting or receiving support from the Diabetes Free SC program to use the Site. Please be advised that we may use or share contact information provided by you as part of any services we provide with third parties for the purposes of providing this Site or for providing access to any other information, services, or products, or for marketing purposes to the extent otherwise allowed by law. This may include, without limitation, our use or our vendors’ or subvendors’ use or use by any entity supporting or receiving support from the Diabetes Free SC program of automatic telephone dialers or recorded or artificial voices to communicate with you at any telephone number, including, without limitation, any mobile or other mobile device numbers you have provided or any successor to such numbers, for the purposes of supplying any information, services, or products, or for marketing purposes. Your providing any contact information to Company or to the Diabetes Free SC program constitutes your consent, to the maximum extent allowed by law, to any usage by Company or any entity supporting or receiving support from the Diabetes Free SC program or our vendors or subvendors of your personal information (including, without limitation, contact information such as email addresses, mobile or other device numbers) as referred to or otherwise stated in this Agreement and any Privacy Policy.
4.5 Consent to use of Email. You agree Company or any other entity supporting or receiving support from the Diabetes Free SC program may use any email address you supply to correspond with you regarding this Site, to provide any information, services or products, to you and to send other communications, including, without limitation, marketing communications, to you Company or any other entity supporting or receiving support from the Diabetes Free SC program also may retain this email address for such future use as DFSC may determine. Additionally, DFSC may send email responses to questions submitted to DFSC.
4.7 Cookies and Similar Technologies. Technologies like cookies, pixels, device or other identifiers (collectively, "Cookies and similar technologies") may be used to deliver, secure, and understand information, products and services offered by Company, by any entity supporting or receiving support from the Diabetes Free SC program. Cookies are small files that are placed on your browser or device by the website you are viewing or app you are using. You agree, to the maximum extent permitted by law, that Company may use cookies and similar technologies for any reasons in support of the Diabetes Free SC program and any entity supporting or receiving support from the Diabetes Free SC program, including, without limitation, for marketing purposes and for use with third parties.
4.8 Consent to Monitoring or Recording. Through your usage of or interaction with this Site, you, to the maximum extent permitted by applicable law, (i) consent to Company (or any vendor or subvendor of Company) monitoring and recording any such usage or interaction, and any devices used directly or indirectly to achieve such interaction; and (ii) agree that this monitoring or recording may be used for security, customer service, training, or other business purposes.
5. Limitation of Liability; Warranties
5.1 By using this Site, any programs or tools on the Site, and any third-party sites to which you may link through this Site you agree to (a) release Company from any and all claims, liabilities or damages related to such use and (b) accept all risks related to such use.
5.2 You agree not to hold Company responsible for any damages or injury, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of records or information made available on (a) this Site, (b) any program or other tool available at this Site, or (c) any third-party site to which you may link through this Site. Without limiting the foregoing, you specifically agree not to hold Company responsible for the defamatory, offensive, or illegal conduct of any third party using this Site.
5.3 ALL MATERIALS ON THIS SITE ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.4 COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF THIS SITE, THE MATERIALS POSTED ON THIS SITE, AND LINKS PROVIDED ON THIS SITE.
5.5 You agree to defend, indemnify, and hold harmless Company and its affiliates and respective directors, officers, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including but not limited to reasonable attorneys’ fees, arising from (a) your use of and access to this Site and any link to a third-party’s site; (b) your violation of any provisions of these Terms of Use ; (c) your violation of any third-party’s right, including (without limitation) any copyright, property, or privacy right; or (d) any claim that content or information you submit causes damage to a third party. This defense and indemnification obligation specifically will survive these Terms of Use and your use of this Site.
5.6 This Site is controlled and operated by the Company from offices in the United States. Company makes no representation that materials provided on this Site are appropriate or available for use in other locations and access to them from locations in which their contents are illegal is prohibited. Those who choose to access this Site from such other locations are responsible for compliance with applicable local laws.
6. Disputes
6.1 By using this Site, you agree that any dispute or claim arising out of or in connection with (a) the Terms of Use, (b) any failure to perform under or breach or termination of the Terms of Use, or (c) your use of this Site or any link to a third-party site, or any products or services provided under or through this Site or any link to a third-party site, shall be brought solely and exclusively in a federal or state court of competent jurisdiction located in Richland County, South Carolina, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts and waive any defenses to such jurisdiction, venue or convenience of forum. These Terms of Use and legal issues arising out of, but not exclusive to the use of, this Site or any third-party sites are governed by and in accordance with the laws of the State of South Carolina (exclusive of its rules regarding conflicts of laws).
6.2 You agree that any cause of action arising out of or related to this Site or your use of this Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
6.3 If any provision of these Terms of Use is determined to be invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provision of the Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.
6.4 By using this Site, you agree that any claim, suit or dispute resolution proceeding will be conducted only on an individual basis and not in a class or representative action.
7. Miscellaneous
7.1 Electronic Signature and Agreement. You agree to conduct business through and electronic signature and electronic agreement and that the act of clicking the words “Continue” or “Yes” or “I agree” or any similar phrasing anywhere in using this Site is intended by both parties to be an electronic signature that has the same significance as a signature in ink and that both such signature and this Agreement are considered to be in writing to the maximum extent permitted by law.
7.2 Except as stated in the next sentence, these Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. These Terms of Use are not intended to modify or limit any provisions in any Privacy Policies contained or referred to on this Site. In the event of a conflict between this Agreement and any Privacy Policy, the broader stated use shall apply to the extent permitted by law. If you wish to withdraw your consent to this usage of your information, please contact our Customer Service department. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
7.4 This Agreement does not establish any relationship or partnership, joint venture, employment, franchise or agency between you and us.
7.5 If any provision of this Agreement is determined to be invalid or unenforceable, then all other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is determined to be invalid or unenforceable, then the court shall enforce this Agreement to the maximum extent allowed by law or equity.