Terms of Use

Last revised:  May 2022

These terms of use (“Terms of Use”) govern your use of our online interfaces and digital properties, e.g., websites, subdomains, our Member Portal and mobile applications (collectively, the “Platform”) owned and controlled by Blue Cross Blue Shield of Florida, Inc., d/b/a Florida Blue (“Florida Blue”, “we”, “our”, or “us”).  Your use of the Platform is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of the Platform constitutes your acceptance and agreement to all such terms, conditions, and notices.  If you do not agree to the terms and conditions of use, you may not access or otherwise use the Platform.

1. Acceptance and Scope of the Terms of Use

For purposes of these Terms of Use, the term “Florida Blue” and the related terms include Florida Blue’s affiliated companies, including Health Options, Inc., d/b/a Florida Blue HMO; Florida Blue Medicare, Inc., d/b/a Florida Blue Medicare, Florida Combined Life Insurance Company, Inc., d/b/a Florida Combined Life, and other Florida Blue affiliated companies that own and/or operate websites or mobile apps where these Terms of Use are posted or linked. 

These Terms of Use also apply to all content, functionality, health plans, health insurance products, and other products (“Products”), the functionality, tools and services (“Services”) available or offered on or through the Platform, or any Application Programming Interface we may make available for your use or for a third party to use on your behalf (“API”), whether as a guest, registered user, or health plan member.  The terms “you” and “your” means you, your caregivers and authorized representatives, your dependents, Florida Blue members for which you are a parent, legal guardian, or caregiver or authorized representative, and for and any other person accessing the Platform or a Florida Blue account.

Member Portal.  These Terms of Use also govern, where indicated or otherwise applicable, use of our member portal (“Member Portal”), which is only intended and available for Florida Blue policy holders (“Members”) and/or their authorized representatives.

Please read the Terms of Use carefully before you start to use the Platform.  BY USING THE PLATFORM OR BY CLICKING ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, FLORIDA BLUE’S PRIVACY POLICY, FOUND AT https://www.floridablue.com/disclaimer/privacy (“Privacy Policy”). If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

2. Platform Content/Availability of Services

The information and content (collectively, “Content”) on our Member Portal provides you with access to your Florida Blue member account and, in some circumstances, this may also include access to your account with companies affiliated with Florida Blue (collectively, “Account”).  Your Account may include information pertaining to your policy, benefits and coverage, claims and payments, Account information, and also general educational information.  The Content cannot replace the relationship that you have with your healthcare professionals.  Some Content is only available to Members through our password-protected Member Portal. The Content on any portions of our Platform should not be considered medical advice.

Florida Blue operates subject to applicable state and federal regulations, and the Services may not be available in your state.  This Platform is intended for a United States audience.  If you live outside the U.S., you may see information on this Platform about products or therapies that are not available or authorized in your country.  You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located.  Access to and use of the Platform or the Services is limited exclusively to users located in States within the United States where the Services are available.  Services are not available to users located outside the United States.  Accessing the Platform or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.  Whenever the Services or Products provided would be in violation of any U.S. economic or trade sanctions, such coverage and agreements shall be null and void.

Members have the ability to access a variety of services through the Platform.  Florida Blue may change, suspend, or discontinue any of the services at any time.  Florida Blue may also impose limits on the use of or access to certain features or portions of the services, in any case without notice or liability.  The Platform, including specifically the floridablue.com site, may suffer outages from time to time and Florida Blue makes no warranties or guarantees with respect to availability of the site.

Some services offered on the Platform may include cost estimators, provider directories, provider reviews, quality data, health and wellness information, and/or medical terms/definitions.  This information is provided for general comparison or information only and Florida Blue does not represent or warrant that such information is determinative of the actual cost, quality, procedure you should obtain, or insurance coverage related to the particular medical service(s) or providers researched.  Nor does Florida Blue, by providing access to such services, guarantee that the medical conditions or services researched will be “Covered Services” as that term is defined under your specific benefits agreement with Florida Blue.

All questions and requests relating to Platform support or questions about your Plan documents should be directed to Florida Blue.  To submit a support or other request, please use the contact information on the “Contact Us” page found in our Digital Services (e.g., https://www.floridablue.com/general/contact-us), at the information on your member identification card, by contacting us Mon – Fri: 8 a.m. to 6 p.m. ET at 1-800-FLA-BLUE (352-2583) or TTY/TDD: 1-800-955-8770, or by calling (904) 905-0000.  Florida Blue will use commercially reasonable efforts to respond to questions and provide support.

3. No Users Under 18 Years Old

In order to access the Platform and the Services, you represent and warrant that you are at least 18 years old.  If you are under the age of 18, please do not attempt to register with us at this Platform or provide any personal information about yourself to us.

4. Not Medical Advice

NOT A SUBSTITUTE FOR MEDICAL ADVICE

If you are experiencing a medical emergency, you should not rely on any information on this Platform and should seek appropriate emergency medical assistance, such as calling 911. Information and services accessed through this Platform, or an Account is not a substitute for the medical advice of your physician and/or provider.

The Content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals on the Platform is for informational and educational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis, or treatment.  Information on the Platform is not provided in the course of a professional relationship between a healthcare provider and a patient and is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional.  You always should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your medical care and conditions.

Florida Blue does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Platform.  Reliance on any information appearing on the Platform, whether provided by Florida Blue, its content providers, its clients, visitors to the Platform, or others, is solely at your own risk.

You should always talk to your healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you.  None of the information on this Platform represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.  Health information changes quickly; therefore, it is always best to confirm information with your healthcare professionals.

The Content may include information regarding therapeutic and generic alternatives for certain prescription drugs, and may describe uses for products or therapies that have not been approved by the Food and Drug Administration.  This Content is for informational, cost-comparison purposes only; it is not medical advice and does not replace consultation with a doctor, pharmacist, or other healthcare professional.

5. Plan Documents for Members

 “Plan Documents” for Members provide all the details for the plan you chose.  This includes information such as what is covered, what is not covered, deductibles, premiums, the amounts that you will pay for covered services, etc.  Plan Document names vary, but may include documents such as a Policy, Insurance Policy, Member Policy, Member Contract, Explanation of Benefits, Benefit Booklet, Schedule of Benefits, Certificate of Coverage, Group Agreement, Group Insurance Certificate and/or any riders or endorsements and updates that we provide.

In the event of any discrepancies or conflicts between your Plan Documents, these Terms of Use, or other Platform content, the applicable terms of the Plan Documents will prevail.

6. Eligibility; Platform Access, Security and Restrictions; Passwords

You may use your Florida Blue account to create an online account and gain access to the Platform and other portions of the Florida Blue website.  You can register as a guest or visitor of the Platform, and Members can log in to our Member Portal. You agree to fully, accurately, and truthfully create any login credentials, which may consist of your Florida Blue member identification number, email address, Account username, and password (collectively “Credentials”).  Your Credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Credentials, and for all unauthorized activities that occur under such Credentials arising from your failure to maintain such confidentiality.  You agree to prohibit anyone else from using your Credentials and agree to immediately notify Florida Blue of any actual or suspected unauthorized use of your Credentials or other security concerns of which you become aware.  You also agree that Florida Blue may require you to use Credentials that satisfy certain security standards, including using unique Credentials that are not used by you to access any other site or account.  Florida Blue may disable or revoke your access to the Platform if Florida Blue determines, in its sole and absolute discretion, that your account on the Platform was subject to unauthorized access.  Your access to the Platform or Florida Blue website may be revoked by Florida Blue at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers, or otherwise circumvent measures we may use to prevent or restrict access to the Platform.  Violations of system or network security may result in civil or criminal liability.  Florida Blue may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform.

7. Accuracy and Reliability of Information

Although Florida Blue attempts to ensure the integrity and accuracy of the information presented on the Platform and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the information presented on or accessed through the Platform, Service descriptions, pricing, costs and cost estimates, premium amounts and estimates, deductible amounts and estimates, and other content on the Platform.  It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties.  Additionally, information provided by third parties may not have been reviewed for accuracy or completeness.  When you access a non-Florida Blue site, please understand that it is independent from Florida Blue, and that Florida Blue has no control over the content on that website.  In addition, a link to a non-Florida Blue website does not mean that Florida Blue endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third-party sites linked to the Platform, you do this entirely at your own risk.

In the event that an inaccuracy arises, please inform us so that it can be corrected.  We reserve the right to unilaterally correct any inaccuracies on the Platform without notice.  EXCEPT FOR OUR OWN SOCIAL MEDIA CONTENT OR THE WEBSITES OF VENDORS AND OTHER THIRD PARTIES THAT SPECIFICALLY PROVIDE INFORMATION UNDER CONTRACT AND ON BEHALF OF FLORIDA BLUE, FLORIDA BLUE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR INFORMATION OR CONTENT POSTED TO THE PLATFORM FROM ANY THIRD PARTY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND REGULATION.

We have made significant efforts to accurately display the colors and appearance of our Platform.  However, as the actual colors you see will depend on your monitor or device, we cannot guarantee that your display of any color or graphic will be accurate.

Provider Directory.  The provider directory and related information on our Platform is designed to identify only healthcare providers who participate in the Florida Blue network (“in-network” providers).  The results you see may not include all healthcare providers that participate in your health plan, or all providers that are relevant to your input or search query.  We update our directory periodically, and your search results might include healthcare providers who recently terminated their participation in our networks.  Some providers may have multiple offices, and may be in-network at one location, but not others.  Similarly, not all providers at listed facilities (hospitals, surgical centers, etc.) are in-network providers.  Please check with your provider before scheduling an appointment or receiving services to confirm whether they are in-network.  You should not assume that a provider identified as having performed a certain procedure or treated a certain condition is necessarily an expert in that procedure or treatment.  In addition to the other considerations referenced in these Terms of Use, you should talk with your chosen provider to understand their qualifications and specialties.

Cost Estimates and Tools. Any cost estimates provided by us, our vendors and agents, and/or our Platform are informational cost estimates only and are not a guarantee of what you will actually be charged.  The informational cost estimates are based on the selected healthcare provider’s contract rates/fee schedules and are a general price estimate of the selected services.  We do not guarantee the accuracy of our cost estimator or in the provider directory.  Some information presented by either the cost estimator tool or in the provider directory may not be accurate, or may be outdated.  We do our best to update this information regularly, but we cannot guarantee its accuracy.  Always contact providers to ensure they are in-network before scheduling an appointment.  Your actual costs will be different (higher or lower) than the estimates for various reasons, such as:

• If the services you ultimately receive are different from the services selected during the estimation process (e.g., due to complications, secondary conditions, and/or other unknown factors).  For example, for one person, a particular surgery may be relatively straight-forward, while another person can have unforeseen complications that will impact the cost.
• If the location of where your services are ultimately received differs from what is assumed during the estimation process.
• If your year-to-date benefit information changes from the time at which you receive the informational cost estimates and the ultimate time at which you receive care.
• If your healthcare provider’s contract with your insurance carrier changes.
• If you have a unique insurance plan design that is not currently supported by this tool.
• The informational cost estimates may not include certain physician charges (e.g., office visit, surgeon, anesthesiologist, emergency room physician, radiologist, pathologist, consulting physicians, etc.).

The cost estimation tools may not include all services covered by your benefit agreement with Florida Blue.  For any  questions about services offered by Florida Blue, please contact us by using the at the information on your member identification card, or by calling (904) 905-0000. 

No Content on this Platform verifies coverage for any claim.  No deductible estimators or policy summaries guarantee coverage for any claim.  We do not guarantee eligibility, coverage, or payment, or determine or guaranty the benefits, limitations, or exclusions of your insurance coverage.  Your insurance coverage and policy contract terms will ultimately determine the amount you owe (including deductibles, copayments, coinsurance, and out-of-pocket maximums).  In all cases, you will be responsible for the cost of services not covered by your benefit agreement.  For a complete description of the details of your insurance coverage, please refer to your coverage information/Plan Documents.

We are not responsible for maintaining information or results arising from your use of the Platform or with respect to the Services and these tools.  We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Platform or the Services in accordance with our internal record retention or destruction policies.

8. Interoperability APIs

We have created a series of application programming interfaces or APIs that third parties can use to access your information through the Platform at your request (the “Interoperability APIs”).  These third parties that use the Interoperability APIs are not Florida Blue affiliated companies and Florida Blue has no control over these third parties.  Florida Blue has no responsibility for how the third party uses such information.  Accordingly, Florida Blue has no responsibility for the accuracy, privacy, or security of your information once it is accessed by the third party through the Interoperability APIs.  FLORIDA BLUE EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM YOUR USE OF THE INTEROPERABILITY APIs.

9. Disclaimer of Warranties

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK.  THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE EXPRESSLY DISCLAIMED.  NEITHER FLORIDA BLUE, NOR ANY PERSON ASSOCIATED WITH FLORIDA BLUE, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS, OR AVAILABILITY OF THE PLATFORM, OR SERVICES OR CONTENT OBTAINED THROUGH THE PLATFORM.  WITHOUT LIMITING THE FOREGOING, NEITHER FLORIDA BLUE, NOR ANYONE ASSOCIATED WITH FLORIDA BLUE, MAKES ANY WARRANTY OR REPRESENTATION THAT THE PLATFORM, OR SERVICES OR CONTENT OBTAINED THROUGH THE PLATFORM, WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF  THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES.  FLORIDA BLUE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING.  YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. 

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY FLORIDA BLUE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability Regarding Use of Platform

IN NO EVENT WILL FLORIDA BLUE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED OR TRANSMITTED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FLORIDA BLUE HAS BEEN ADVISED OR THE POSSIBILITY OF DAMAGES.  YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FLORIDA BLUE DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE PLATFORM.  YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.  FLORIDA BLUE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE PLATFORM.  FLORIDA BLUE DOES NOT AND CANNOT REVIEW ALL MATERIALS POSTED TO THE PLATFORM BY USERS, AND FLORIDA BLUE IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS.  HOWEVER, FLORIDA BLUE RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION, OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST, OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN FLORIDA BLUE'S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES.  TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF FLORIDA BLUE TO YOU WITH RESPECT TO YOUR USE OF THESE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).

 

11. Limited Use License and Content Ownership

All pages within this Platform and any material made available for download are the property of Florida Blue, or its licensors or suppliers, as applicable.  The Platform is protected by United States and international copyright and trademark laws.

Subject to these Terms of Use, Florida Blue grants you a personal, nontransferable, nonexclusive, revocable, limited license, (except as provided below), to use the object code version of the Platform and view the Content on the Platform.  All rights not expressly granted to you in these Terms of Use are reserved and retained by Florida Blue or its licensors, suppliers, publishers, rights holders, or other content providers.  Neither the Platform and Services, nor any part of the Platform and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Florida Blue.  Notwithstanding the foregoing, you may print a reasonable number of copies of the Content for your personal use, but in such case, you must reproduce all proprietary copyright and trademark notices.  You may not frame or utilize framing techniques to enclose, or deep-linking of, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Florida Blue without prior express written consent.  You may not use any meta tags or any other "hidden text" utilizing Florida Blue’s name or trademarks without the prior express written consent of Florida Blue.  You may not misuse the Platform or Services.  You may use the Platform and Services only as permitted by law. 

In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary.  You hereby grant the Florida Blue a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.

Some Platforms operated by the Florida Blue include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

We may terminate this license at any time for any reason.  If you breach any of these Terms of Use, your license to the Content terminates immediately.  Upon the termination of this license, you must stop using this Platform, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

12. Indemnification

You agree to defend, indemnify, and hold harmless Florida Blue and its affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorneys’ fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Products, Services or any information posted on the Platform; (ii) any improper use or sharing of your password or other login credentials, and activity occurring under or using your account, password or other credentials; (iii) your breach of the Terms of Use or Privacy Policy; (iv) the content or subject matter of any information you provide to Florida Blue or our customer service agent; or (v) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Products, Services, or any information on the Platform, including without limitation, infringement of third-party intellectual property rights, privacy rights, or negligent or wrongful conduct.

13. User Information

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component.  You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication.  You represent and warrant to Florida Blue that you have the legal right and authorization to provide all User Information to Florida Blue for use as set forth herein and required by Florida Blue.

Florida Blue may de-identify your information such that it is no longer considered personally identifiable information.  Florida Blue may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

Florida Blue may monitor your use of this Platform, and subject to Florida Blue's Privacy Policy, Florida Blue may freely use and disclose any information and materials received from you or collected through your use of this Platform for any lawful reason or purpose.

14. Use of Social Media

Florida Blue maintains social media sites in order to share up-to-date information with our members, agents, employers, providers, and the public (“Visitors”).  These social media sites are owned and operated by third parties.  All Visitors are required to comply with the applicable terms and conditions for each social media site, and should consult the social media site’s privacy policy for how their personal information is collected, used, and shared by the social media sites.  Florida Blue accepts no responsibility for any social media postings or content posted by Visitors, the social media sites or other parties, or content that is not posted or provided directly by Florida Blue.

15. Text Messaging

Florida Blue offers members and other consumers the option to receive certain information by text messages using Short Message Service (SMS) or other text messaging technologies (“Texts”).  You must be 18 years of age or older to use these services and agree to Florida Blue’s Privacy Policy and other applicable terms.

Florida Blue’s messaging Short Code(s) are: 352583.

Florida Blue offers both subscription messages and alerts and one-time text messages.  Texts may include information about your account, alerts, reminders, healthcare and educational content, or marketing content depending on your communication preferences, opt-in status, and other consents.  Health-related information is not a substitute for medical advice and some information you receive may be time-sensitive and may change at a later time.

When you elect to receive text messages and alerts you are consenting to receive texts from Florida Blue, its affiliates, and others acting on their behalf, including texts using automated technologies and without regard to state or federal limitations on the frequency of calls or messages.  When you elect to receive text messages or enroll a number to do so you agree that the phone number used is yours, or you are an authorized user, and the registered mobile device is capable of receiving text messages.  Text message frequency varies, and message and data rates apply.  If you have any questions about your text plan or data plan, contact your wireless provider.  Carriers are not liable for delayed or undelivered messages.

You can cancel the SMS service for subscribed messages at any time.  Just text “STOP” to the short code.  After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed.  If you are subscribed to multiple campaigns, you can unsubscribe individually with “STOP” or all campaigns associated with a specific short code with “STOP ALL.”  Please keep in mind that you will have to unsubscribe separately for each short code and some short codes may be managed by third-parties.  Reply with the keyword HELP for more assistance, or you can get help directly at help@bcbsfl.com or (800) 477-3736.  SMS Major carriers supported: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.  Additional carriers:  Indigo Wireless, MetroPCS, Bluegrass Cellular, Illinois Valley Cellular, Viaero Wireless, Pine Belt, GCI Communications, Nex Tech Communications, Shelcomm, Duet Wireless, Inland Cellular, James Valley Cellular (JVC), Standing Rock Telecom, Cross Wireless, Northwest Missouri Cellular, Alaska Communications Systems (ACS), Thumb Cellular, Carolina West Wireless, Union Telephone, MTPCS Cellular One (Cellone Nation), Cordova, Copper Valley Telecom, ASTAC, Rural Independent Network Alliance (RINA), West Central Wireless, Chat Mobility, SouthernLINC, Panhandle Wireless, Cellcom, Truphone, Google Voice, United Wireless, bandwidth.com (includes Republic Wireless), Altice Mobile, Atlantic Tele-Network International (ATNI), Brightlink, Inteliquent, Aerialink, Blue Wireless, Chariton Valley Cellular, Digital Communications Consulting, TextMe, Pioneer Cellular, East Kentucky Network (Appalachian Wireless), Limitless Mobile, Cellular One of N.E. Arizona, Nemont US UMTS, Nemont CDMA, MTA Wireless/Matanuska Kenai, Pine Cellular, Triangle Wireless, Telnyx, Enflick, C Spire Wireless (aka Cellular South), Virgin Mobile, Boost Mobile, and United States Cellular Corp.

If you have any questions regarding privacy, please read our Privacy Policy.

16. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Platform.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Florida Blue respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Florida Blue’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Platform

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice (“Notice”) complying with the following requirements.

• Identify the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
• Provide your mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

• Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to:

Blue Cross and Blue Shield of Florida, Inc.

Attn:  Legal Affairs Division / DCC 1-7

4800 Deerwood Campus Parkway

Jacksonville, FL 32246

17. No Third-Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, and Florida Blue and its affiliates.  Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, or Florida Blue and its affiliates, nor shall any provision give any third-parties any right of subrogation or action over against you, or Florida Blue and its affiliates.

18. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Florida Blue’s prior written consent.  Florida Blue may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder.  The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

19. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Florida applicable to agreements entered into and wholly to be performed therein.  You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Duval County, Florida for the resolution of all disputes arising out of use of this Platform and the Services.

20. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, pandemics, epidemics, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

21. Legal Process

This Agreement is subject to existing laws and legal process.  Nothing in this Agreement shall derogate Florida Blue's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Florida Blue with respect to such use.

22. Invalidity

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

23. Public Records Request Notice

Public Records Requests may be made by contacting the Enterprise Records Manager by email, telephone, or by U.S. Mail/postal address.  Please be certain that your name, email address, mailing address, and phone number are included with your request so we can contact you with any questions.

Email Requests: PublicRecordsRequest@bcbsfl.com

Postal Requests:

Enterprise Records Manager

Legal Affairs Division / DCC 1-7

4800 Deerwood Campus Parkway

Jacksonville, FL 32246

Telephone Requests: (904) 905-2816

Receipt of your Request will be acknowledged by email within seventy-two (72) hours.

When making a Public Records Request, please include as much information as possible so that we may respond promptly and accurately.  Please include:

• The type of information you are requesting.
• The time period for which you are requesting information.
• Other information available to you that would help us to identify the information you are seeking.

Your Request will be responded to in a timely manner and as workload permits.

Florida Blue requires payment of a one-time, non-refundable processing fee of fifty dollars ($50.00) for every Public Records Request received, including those for which there are no responsive records.  Additional fees will be determined, based upon the type and/or number of records requested, as provided in the Fee Schedule below.

Burdensome, voluminous, and/or time-intensive Requests may require additional response time and/or be subject to additional fees to reimburse the costs reasonably incurred, either directly or indirectly, in producing, searching for, reproducing, or transporting records.

Once a Public Records Request has been processed, an invoice will be sent to the requestor identifying the responsive records, if any, and itemizing all applicable fees.

PRE-PAYMENT IS REQUIRED FOR ALL RECORDS. No records will be provided to the requestor until the applicable fees have been received by Florida Blue.

Instructions regarding payment of fees will be provided on the invoice submitted to the requestor.

Fee Schedule

Processing Fee	$50.00 per Public Records Request
Claims Reports	$25.00 per report
Benefit Booklets	$50.00 per booklet
Provider Contracts	$25.00 per contract
Expedited Requests	$75.00 per Request
Other Record Costs	$1.00/page (up to 25 pages and then $0.25/page)
Burdensome/Voluminous Requests	$30.00 per hour, per employee

 

Notice about Protected Health Information (PHI) and Personal Information (PI): Florida Blue will redact PHI prior to the release of records pursuant to HIPAA requirements. PI will be redacted in accordance with the Florida Information Protection Act of 2014.

Records Retention: Public Records Requests, responses, and related documentation are not confidential and will be retained by Florida Blue for three (3) years.

24. Revisions; General

Florida Blue reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice.  Florida Blue reserves the right to modify these Terms of Use at any time, effective upon posting.  You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.  Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use.  These Terms of Use constitute the entire agreement between Florida Blue and you pertaining to the subject matter hereof.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Platform.