TERMS AND CONDITIONS
(Last Revised 01/08/2018)
These terms and conditions ("Terms and Conditions") govern your use of this BCBSA Evidence Street Web Site ("Site"). Blue Cross and Blue Shield Association ("BCBSA") may revise these Terms and Conditions at any time without prior notice. The above "Revised [date]" shall be updated each time there is a revision to these Terms and Conditions. By accessing, viewing or using any material on this Site, you acknowledge that you understand these Terms and Conditions (as may be modified from time to time) and agree to be legally bound by them. If you do not agree with these Terms and Conditions, you are not granted permission to use this Site and should exit immediately.
This Site is intended for use only by subscribers (each, a "Subscriber") and certain other users permitted by BCBSA to use this Site (together, "Permitted Users"), for purposes only in connection with efforts to support this Site. Subscribers enter into a Subscription Agreement with BCBSA and are granted the right and license to access and use this Site, and to grant their necessary employees and authorized agents (as Permitted Users) the right to access and use this Site under the Subscriber's or other Permitted User's license. Each Subscriber and Permitted User shall be responsible to track and verify that only its necessary employees and authorized users access this Site using that Subscriber or Permitted User's credentials and codes. Subscribers and Permitted Users must protect, and cannot share, their logins or identification numbers required to access and use this Site. An individual Permitted User's permission to use this Site is personal to that individual user and not transferable to any other individual, person or entity. Subscribers and other Permitted Users shall ensure that their respective individual Permitted Users who are no longer affiliated with that Subscriber or Permitted User will no longer have access to or the use of this Site. Each Subscriber and each Permitted User indemnifies and agrees to defend and hold BCBSA harmless from damages or claims related to its own individual Permitted Users' access to or use of this Site, whether or not that Subscriber or that Permitted User has terminated such individual's authority to access or use this Site.
1. About Evidence Street, Generally. This Site is a proprietary, subscription-based web platform dedicated to providing transparency and efficiency in the dissemination of evidence reviews for healthcare (the "Purpose"). This Site fosters collaboration among sophisticated healthcare stakeholders that utilize evidence reviews in professional and business settings. In particular, this Site provides Subscribers and other Permitted Users with opportunities to track evidence reviews, submit unsolicited primary and supplemental materials for consideration during the evidence review process, and receive communications regarding topic specific inquiries.
This Site serves as a user friendly, electronic alternative to the manual submission process, as a convenience for Subscribers and other Permitted Users. Evidence submitted to BCBSA via this Site is considered in the same impartial manner as other evidence provided manually by Subscribers, non-Subscribers, other Permitted Users, and other sources. Subscription or use of this Site will not enhance review of the submitted evidence or influence BCBSA's impartial evaluation of all relevant evidence from all appropriate sources.
This Site and BCBSA do not determine medical policy, provide health insurance benefits information, or adjudicate coverage claims for any Blue Cross and/or Blue Shield Plan ("Blue Plan"). Each local Blue Plan, as an independent entity, determines its own medical policies, benefits, and adjudicates its own members' claims, and may accept or reject information appearing on this Site in its own discretion. Similarly, this Site and BCBSA do not provide medical, legal or financial advice; and do not intend consumer use of this Site. For medical issues, check with your healthcare provider. Neither BCBSA nor any Blue Plan recommends, endorses, warrants or guarantees, nor are they responsible for damages, based on any program, provider, product, or service whose information may appear on this Site. Site content expresses the opinion of BCBSA and/or the respective authors cited therein, not those of any Blue Plan.
2. MEDICAL REFERENCE INFORMATION; LIMITATION OF USE. BCBSA collects and evaluates medical technologies, for reference purposes only, to provide informational resources to assist Blue Plans in reaching their own respective medical technologies decisions. Each Blue Plan, in its sole discretion, may accept or reject the information provided to them, in whole or in part, as it deems fit, along with any other resources it deems appropriate, to reach its own decisions on matters involving medical technologies, coverage, utilization management, managed care, and quality management programs. Each Blue Plan, acting as an independent entity, determines its own benefit and coverage decisions, subject to all terms and conditions of the applicable benefit plan offered by the applicable Blue Plan (and its specific exclusions and limitations, and applicable state and/or federal law.
By using this Site, you agree to comply with the provisions of the applicable Subscription Agreement and:
(a) Not to publish or distribute any portion of this Site, its content, or any reports or information derived therefrom, without BCBSA's prior written consent, except that a Subscriber or other Permitted User may use Site content, reports and other information for its internal purposes;
(b) Not to modify, link, deep link, lease, assign, sell, license, reverse engineer or create derivative works from information or content accessed on this Site or any of the third-party web sites to which BCBSA may provide links;
(c) 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, but not limited to, any activity that attempts, or precedes any attempts, to breach security (such as scanning, probing, or other testing or vulnerability assessment activity), and not to engage in or permit any network or hosting activity that results in the blacklisting or other blockage of any portion of this Site or any other BCBSA property;
(d) 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;
(e) Not to use this Site in a manner that may adversely affect this Site's resources or its availability to others, or that violates federal, state or local law;
(f) Not to use the BLUE CROSS or BLUE SHIELD words, symbols, trademarks, or service marks (collectively, "Blue Brands"), and not to make any reference to BCBSA, any Blue Plans, or the Evidence Street web site or name (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 for each such use; and
(g) You acknowledge that BCBSA, Blue Plans, and/or other interested entities may send you communications (via email or other media) on matters pertaining to this Site or its contents.
3. Proprietary Rights. All material contained in this Site is protected by law, including, but not limited to, United States copyright law. Except as indicated and except for Submissions (defined below in Section 5 below) posted to this Site by Subscribers or other Permitted Users, and others as part of the evidence review process, BCBSA is the owner of the copyright in the entire Site (including images, text, and look and feel attributes), and reserves all rights in that regard. Removing or altering the copyright notice on any material on this 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 this Site. Any commercial use of this Site and/or BCBSA's materials on this Site is prohibited, except with the prior written consent of BCBSA. This Section 3 does not apply to Submissions.
4. Confidential Information. This Site, its contents (but not including Submissions) and any 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 directors, officers, employees and permitted agents, except with BCBSA's prior written consent for each such use, and then only for the Purpose described above. You agree to safeguard all Confidential Information from unauthorized disclosure or access, and will maintain such information 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. You agree to notify BCBSA immediately upon becoming aware of any unauthorized access or disclosure of Confidential Information.
5. SUBMISSIONS TO THIS Site.
(a) BCBSA welcomes your submissions to BCBSA of medical research, articles or any other appropriate information relevant to this Site. ("Submission[s]"). All Submissions must be consistent with submission guidelines that BCBSA may provide. By making a Submission to this Site:
(i) You represent and warrant to BCBSA that you have all rights necessary to make such Submission including but not limited to authorizations from any applicable copyright owners
(ii) You represent and warrant to BCBSA that you have all rights necessary to grant BCBSA the rights specified under Section 5(a)(ii) of these Terms and Conditions; and
(iii) You automatically grant BCBSA and Permitted Users the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, summarize, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such Submission (in whole or part) worldwide and/or to incorporate the Submission 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 Submission.
(b) BCBSA is not responsible and shall not be liable for the contents of Submissions posted on this Site. Opinions or comments contained in a Submission reflect the views of the author and not of BCBSA, unless BCBSA expressly states to the contrary.
(c) Notwithstanding the foregoing, you may indicate that a Submission or a part thereof is confidential by marking the Submission or part thereof with "CONFIDENTIAL," "PROPRIETARY," or similar words. BCBSA shall use commercially reasonable efforts to maintain the confidentiality of any such marked Submission for a period of time equal to the lesser of: (i) one (1) year from the date of such Submission, and (ii) the date such Submission or portion marked as "CONFIDENTIAL," "PROPRIETARY," or with similar words is published by a party other than BCBSA, is provided to BCBSA by another party without such notices or restrictions or is otherwise placed in the public domain. The intent of this provision is to endeavor to maintain the confidentiality for a short period of time not to exceed one (1) year to assist the applicable Subscriber or other Permitted User. BCBSA shall use reasonable commercial efforts to not to use any of a Subscriber or other Permitted User's trademarks or service marks, names or logos publicly without prior written approval of such Subscriber or other Permitted User.
6. No Solicitation or Offer. This Site is designed only for the Purpose described above. Information on this Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
7. No Medical Services or Advice. As set forth above in Sections 1-2, nothing contained, expressed, or implied in this Site is intended, nor shall it 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. This Site is not intended for public or consumer use. Inquiries about medical issues or other sensitive or confidential matters should be addressed to appropriate health care professionals. The mention of specific products or services at this Site or inclusion of links to other sites does not constitute or imply a recommendation or endorsement by BCBSA or any Blue Plans.
8. NO MEDICAL POLICY, BENEFITS, COVERAGE, CLAIMS, OR INSURANCE ADVICE. As set forth above in Sections 1-2, this Site and BCBSA do not determine medical policy, provide health insurance benefits or coverage information, or adjudicate claims for any Blue Plan. Each local Blue Plan, acting as an independent entity, determines its own medical policies, benefits, coverage, and adjudicates its own members' claims. No relationship is established between any Blue Plan and you by reason of your use of this Site or under any circumstances whatever. Inquiries about medical policy, benefits, coverage, claims, or other insurance matters should be addressed to the appropriate local Blue Plan. Site content expresses the opinion of BCBSA and/or the respective authors cited therein, and not those of any Blue Plan.
9. No Legal Advice. As set forth above in Sections 1-2, nothing contained, expressed or implied in this Site is intended, nor shall it be construed, 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. This Site is not intended for public or consumer use. Inquiries about any law, statute, regulation or requirement expressly or implicitly referenced in this Site should be addressed to your own legal counsel.
10. No Disclosure of PHI or Non-public personal information. No exchange is anticipated between you and BCBSA of any Protected Health Information ("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), and Nonpublic Personal Information, as defined by applicable state statutes and regulations.
12. Securities Information. This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. 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.
13. Disclaimer of Warranty and Liability. USE OF THIS SITE IS ENTIRELY AT YOUR OWN EXPENSE AND AT YOUR OWN RISK. NEITHER BCBSA NOR ITS BLUE PLANS, SUBSIDIARIES, CONTRACTORS OR AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THIS SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ALL MATERIALS ACCESSED OR VIEWED IN THIS SITE ARE 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 SUCH MATERIALS OR THIS SITE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BCBSA TO YOU EXCEED THE SUBSCRIPTION FEE PAID (IF ANY) FOR USE OF THIS SITE DURING THE 12-MONTH PERIOD WHEN THE ACT OR OMISSION OCCURRED (OR $-0-, IF NO SUBSCRIPTION FEE WAS PAID BY YOU). 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.
14. Corrections and Changes; Termination. BCBSA has made reasonable efforts to present accurate information on this Site; it is possible, however, that information found on this Site may be or may become out-of-date or is incorrect. While BCBSA endeavors to keep the materials on this 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. Some of this information may not be verified. All information on this 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 any materials on this Site. BCBSA may make changes to materials on this Site at any time without notice, and makes no commitment to update the information or materials on this Site. BCBSA reserves the right to terminate your access to this 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.
15. Indemnification. You agree to indemnify, defend, and hold harmless BCBSA and its contractors involved with the Site, Blue Plans, and their respective officers, directors, employees, agents, and representatives, from and against all claims, demands, causes of action, losses, liabilities, costs, and expenses (including reasonable attorney's fees and costs), arising out of any violation of this Agreement by you, any Submissions submitted or used by you, or any activity related to your access to or use of the Site. The indemnity obligations set forth in this Section shall not apply to any Claim resulting or arising from BCBSA's negligence or willful misconduct.
16. Links to Other Sites. This Site may, from time to time, contain links to other Internet sites for the convenience of users in locating information and services that may be of interest. You 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 website, unless expressly stated in this Site.
17. Use of the Internet. While BCBSA strives to make this Site accessible twenty four (24) hours per day, seven (7) days per week, this 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 this Site. Further, 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 contractors or Blue Plans or its or their 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, strikes or other labor problems, wars or governmental restrictions. For your convenience, at any time when this Site is unavailable (or any other time), you may also contact BCBSA with your Submissions or other needs, at 225 North Michigan Ave., Chicago, IL 60601-7680, or alternately, you may send such concern via e-mail to: EvidenceStreet@bcbsa.com.
18. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
BCBSA is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. You may not store, post, modify, distribute, reproduce in any way, use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.
Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. BCBSA does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. BCBSA may contact the notice provider to request additional information. BCBSA reserves the right to disregard a notice that is not in compliance with the DMCA. Under the DMCA, BCBSA is required to take reasonable steps to notify the user who posted the allegedly infringing content. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address below.
If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees.
To be effective, your Notification of Claimed Infringement must be in writing, sent to our designated agent listed below and contain the following information:
BCBSA’s designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: email@example.com with the subject line “DMCA”
Blue Cross Blue Shield Association
Attn: Office of the General Counsel
225 N. Michigan Avenue
Chicago, IL 60601-7680
By Fax: 312.297.5956
Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, BCBSA will remove or block access to the allegedly infringing material, and may terminate the Subscriber or other Permitted User's account per these Terms and Conditions. If you believe in good faith that a notice of copyright infringement has been filed wrongly, you may submit a counter-notice to BCBSA at 225 North Michigan Ave., Chicago, IL 60601-7680, or alternately, you may send the counter-notice via e-mail to: EvidenceStreet@bcbsa.com. If BCBSA receives a valid counter notification, the DMCA provides that the removed or blocked information may be restored or access re-enabled. BCBSA may replace the removed material and cease disabling access to it in not less than ten (10) business days following receipt of the counter notification, unless BCBSA first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the materials on this Site.
19. Electronic Communications. Communications between you and BCBSA will be through electronic means, whether you visit this Site or send e-mails to BCBSA (except as provided in Sections 17-19). Once you opt-in to receive e-mails from BCBSA, and unless and until you elect to opt out of receiving e-mails from BCBSA, for contractual purposes, you: (a) consent to receive communications from BCBSA in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that BCBSA may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may revoke your authorization for BCBSA to send you e-mails pertaining to this Site or other matters at any time by sending your request in writing specifying what you want to do to the following address: BCBSA, 225 North Michigan Ave., Chicago, IL 60601-7680 Attn: Office of Clinical Affairs, or alternatively, you may send such request via e-mail to: EvidenceStreet@bcbsa.com. Your revocation will not affect any use or disclosure of your information by BCBSA prior to BCBSA's receipt of the revocation and BCBSA's response to you confirming such revocation.
20. 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 or using the material on this 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 this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Site from other locations, it is at your own volition, and responsible for compliance with applicable local laws.