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Legal Notice and Agreement
IMPORTANT: Be sure to read the following BEFORE you proceed in this Web
site. If you use this Web site, you are bound by the following rules and
agreement, whether you read them or not.
We appreciate your visit to our Web site. To be sure that you understand the
purpose and intended use of the Web site, we have established certain rules for
use of the site, including an agreement you automatically accept by opening and
reviewing any page or materials within the Web site. If you do not wish to
follow our Web site rules and enter into this Web site agreement with us,
please exit the Web site now. By proceeding to access any page within this Web
site, you agree to the following rules and terms of use:
Ownership of this Web site and use of Web site materials
This Web site is owned and operated by BlueAdvantage Administrators of Arkansas.
All data or information contained in this Web site is and shall remain the
exclusive property of BlueAdvantage (BlueAdvantage Data). By using this Web
site, you agree to respect the ownership rights and rules of use of
BlueAdvantage, including the right of BlueAdvantage to monitor this Web site at
any time and the right of BlueAdvantage to process, retain, copy and, subject
to our confidentiality policy and applicable laws or regulations, use and
disclose any information you may provide to BlueAdvantage through this Web
site. See our Privacy Statement.
You agree not to copy, download, disclose, distribute, transfer, publish, or
e-mail any BlueAdvantage Data without the prior, written consent of
BlueAdvantage, or as further expressly authorized in this "Ownership" section.
You are authorized to download one copy of any BlueAdvantage Data on this Web
site for your own personal use, provided you (a) do not use the BlueAdvantage
Data for any commercial purpose and (b) do not remove, mask or obscure any
copyright, trademark, service mark, patent or other intellectual property
rights notices or symbols set forth in the BlueAdvantage Data.
Limitation and release of BlueAdvantage from liability
As a condition of your use of this Web site, and of your access to any
BlueAdvantage Data herein, you agree that neither BlueAdvantage nor any
affiliated company nor any director, officer, employee or agent of
BlueAdvantage or its affiliated companies (BlueAdvantage Parties) shall be
liable to you for any harm, injury or loss you may suffer which allegedly is
caused by or related to your access to this Web site or the content, style,
accuracy, inaccuracy, currency or staleness of any BlueAdvantage Data or other
information contained or reflected within this Web site.
By using this Web site, you agree to waive and release the BlueAdvantage Parties
from all liability whatsoever which may be caused by, arise from, or in any way
relate to your use of this Web site, including but not limited to any direct,
indirect, incidental, special, consequential, exemplary or punitive damages,
physical or mental injury or loss, economic loss, loss of profits, injury to
reputation or credit standing, emotional distress, psychological injury or loss
or other damage or injury of any kind ("Losses"), regardless of whether such
Losses allegedly arise from negligence, breach of contract, breach of warranty,
breach of fiduciary duty, strict liability or tort.
You agree that if you are not satisfied with the content or operation of this
Web site or with the content, use or effect of any BlueAdvantage Data, or if
you believe that your access to this Web site or any BlueAdvantage Data has in
any way caused injury to you, your sole and exclusive remedy shall be to exit
the Web site and refrain from any further access or use.
Important disclaimers -- What we are NOT responsible for
As a condition of your use of this Web site, and of your access to any
BlueAdvantage Data herein, you agree that BlueAdvantage and the BlueAdvantage
Parties are NOT RESPONSIBLE FOR:
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Errors, omissions or inaccuracies in the Web site or in any BlueAdvantage Data.
We will try to avoid errors, but you should not expect information in this Web
site to always be current, accurate or error-free because human or machine
error may occur, and information may become outdated before we can update this
Web site; in addition, there is always a possibility of "hackers" or other
unauthorized postings to this Web site, which we may not be able to prevent,
detect or deter. BlueAdvantage cannot and does not guarantee or represent the
accuracy, timeliness, reliability or completeness of any BlueAdvantage Data or
other information contained in or accessed through this Web site.
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Warranties or representations of any kind.
BlueAdvantage does not make any warranties or representations of any kind to you
or to any other visitor to or user of this Web site. All BlueAdvantage Data or
other information you may access or receive through this Web site is provided
"AS IS" without warranties of any kind, express or implied. This disclaimer of
warranties and representations includes but is not limited to any implied
warranties of merchantability or fitness for a particular purpose, or of
non-infringement of any ownership or intellectual property rights of any third
party.
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Viruses, contamination or other technical or system problems, damages or errors.
BlueAdvantage will not be responsible for any virus or contamination you or your
computer programs or equipment may experience during or as a result of your
access to this Web site or your access to, downloading or use of any
BlueAdvantage Data, nor will BlueAdvantage be responsible for any problems,
damages or errors associated with your access to this Web site, or your access
to, downloading or use of any BlueAdvantage Data. In using or accessing this
Web site, you assume 100 percent of all risks associated with such access or
use, including but not limited to any risk of viruses or contamination, any
software, hardware or other problems or losses, or any damages or errors
related to such access or use.
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Providing links to other sites, the content of other sites, or the conduct of
the owners of other sites.
You may see opportunities within this Web site to link to other Web sites, an
option we may provide from time to time purely as a convenience service to Web
site visitors. If you choose to access other Web sites from this Web site, you
agree, as a condition of choosing any such link or access, that BlueAdvantage
is not and shall not be responsible or liable to you or to others in any way
for your decision to link to such other Web sites. You further agree that
BlueAdvantage and the BlueAdvantage Parties are not responsible for the content
of any other Web site to which you may link, nor are BlueAdvantage or the
BlueAdvantage Parties liable or responsible under any circumstances for the
activities, omissions or conduct of any owner or operator of any other Web
site. Once you choose to link to another Web site, you understand and agree
that you have exited this Web site and are no longer accessing or using any
BlueAdvantage Data. You understand and agree that by making any third-party Web
site link available as an option to you, BlueAdvantage does not in any way
endorse any such Web site, nor state or imply that you should access such Web
site or obtain or use any services, products or information which may be
offered to you through such other Web sites or by the owner or operator of such
other Web sites. The owners or operators of any other Web sites (not
BlueAdvantage) are solely responsible for the content and operation of all such
Web sites. BlueAdvantage makes no warranties or representations of any kind,
express or implied, nor of merchantability or fitness for a particular purpose,
nor of non-infringement, with regard to the content or operation of any other
Web site to which you may link from this Web site.
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Acts or omissions of any other person, company or entity.
You agree that BlueAdvantage is not and shall not be responsible or liable to
you or to others for any conduct, misconduct, mistakes, errors or omissions of
any other person or company which may in some way affect your access to or use
of this Web site or of BlueAdvantage Data, or the operation or content of this
Web site, including but not limited to the acts or omissions of unknown third
parties, unauthorized users or "hackers," internet service providers,
competitor companies, utility companies, governments, courts, law enforcement
authorities, or local, state or federal regulatory agencies.
Improper use prohibited
By accessing or using this Web site, you agree to use it and the BlueAdvantage
Data made available herein solely for your own personal use in the manner in
which it is intended and for the legitimate business and informational purposes
for which the Web site is operated by BlueAdvantage. You further agree that you
shall not use or attempt to use this Web site or any BlueAdvantage Data or
other information obtained herein for any unlawful or harmful purpose,
including but not limited to any sabotage, industrial or economic espionage,
defamation of any person or company or the humiliation, harassment,
intimidation or threatening of any other person or company. You agree that you
will not employ at any time nor attempt to enter into the Web site any improper
data, comments, statements or materials of any kind, including but not limited
to any false, fraudulent, defamatory, or scandalous data, statements or
accusations, any profanity, any pornographic or sexually explicit materials,
images, depictions, diagrams, drawings, illustrations, video displays or
references of any kind, nor any material containing or designed or intended to
convey any insults to another person based on race, sex, national origin,
ethnicity, age, color, disability, sexual orientation or religion. You
understand and agree that this Web site is a private enterprise owned and
operated exclusively for business purposes of BlueAdvantage and its affiliated
companies, and as such that this Web site shall not be used by you to solicit
any business apart from the products, goods or services offered to Arkansas
residents by BlueAdvantage, nor shall this Web site be used by you to promote
any personal, political or religious agenda or philosophy of you or any other
person or organization.
You agree that BlueAdvantage shall be entitled, if it so chooses, to take steps
to bar your continued use or access to this Web site in the event of any
improper activity of any kind and further that BlueAdvantage may report any
such improper activity to appropriate civil or criminal authorities or
agencies, either local, state or federal, and may in certain instances pursue
civil action or criminal charges and prosecution against violators.
Jurisdiction and remedies for violation of rules
If you violate any of these Web site rules, or if there is any dispute between
you and BlueAdvantage relating to your access to or use of the Web site or to
the BlueAdvantage Data, you agree that you will be subject to the personal
jurisdiction of the courts of Pulaski County, Arkansas, for all purposes
relating to any civil or criminal action in connection with your violation or
with regard to any dispute between you and BlueAdvantage related to this Web
site. In the event of any violation of these rules, you agree that, in addition
to other remedies that might be available, BlueAdvantage shall be entitled to
an injunction against you to stop such violations.
Product offerings limited to Arkansas residents
While it is possible that you may access this Web site from any state in the
United States, you understand and agree that the health plan claims
administration services of BlueAdvantage is limited to the state of Arkansas
and that BlueAdvantage does not solicit or seek to place any administration
services outside the state of Arkansas. Accordingly, you agree that if you are
a non-resident of Arkansas, you will disclose your residency accurately and
completely and will not accept any health plan claims administration services
or solicitation of BlueAdvantage even if some such offering or solicitation is
mistakenly or inadvertently directed to you as a non-resident of Arkansas,
either by machine or human error.
Cooperation, release of data and privacy policy
By accessing or using this Web site, you agree to cooperate fully with
BlueAdvantage to promote the proper use and working of the Web site, and to
identify, report or investigate any improper use or conduct in connection with
the Web site. You agree to promptly report to BlueAdvantage any improper use of
the Web site or BlueAdvantage Data, or any improper or unauthorized content or
information displayed within the Web site.
If you enter any data on any Web page or location within this Web site, or
otherwise provide data in response to the Web site or in connection therewith,
you authorize the release of such data to BlueAdvantage and to all affiliated
companies, employees or agents of BlueAdvantage whose access to such data is
related to the business operations of BlueAdvantage or its affiliated
companies. This authorization for release of data is subject to the
confidentiality policies of BlueAdvantage, and requirements of applicable laws
and regulations. While BlueAdvantage will treat personally-identifiable data
you may enter or submit via this Web site as confidential to BlueAdvantage and
its affiliated companies, BlueAdvantage cannot and does not guarantee that data
you enter or submit on this Web site is secure or will not be accessible to
unauthorized third parties or unintended recipients. See our
Privacy Statement.
No legal, medical or other advice offered or intended
You understand and agree that nothing contained in this Web site or the
BlueAdvantage Data is intended or shall be construed as any kind of advice or
counseling to you. This Web site does not offer legal advice, medical advice,
health advice, nor any other form of advice or counseling. In making any
decisions regarding any matter addressed in this Web site you should not rely
on BlueAdvantage or the BlueAdvantage Data for advice as to laws or
regulations, or your financial, physical or mental well-being or general health
or nutrition. Regardless of any material contained in this Web site or the
BlueAdvantage Data, you should ALWAYS CONSULT YOUR OWN PHYSICIAN ON ANY MEDICAL
MATTERS, AND YOUR OWN ATTORNEY ON ANY LEGAL OR REGULATORY MATTERS.
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2013
USAble Corporation
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