My Blue Choices

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Liazon Terms of Service

Last updated 8/28/2014

Welcome! Please take a moment to read these Terms of Service.

Liazon Corporation (“Liazon,” “we,” “us,” or “our”) operates the website located at http://mybluechoicesma.com (the “Site”). Through the Site, we provide My Blue Choices, which consists of the online information portal and decision support tools that allow the registered user to research, compare, and enroll in health plans and other benefits offered by the registered user’s employer (the “Exchange”)."

We provide the Exchange to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you.

By accessing and using the Exchange, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Service. If you do not agree to any of these terms, then please do not use the Exchange.

Registration

If you choose to use the Exchange, you will need to sign in as a user (the “Registered User”) using the ID and password provided to you by your employer or via email. You will be asked to change your password the first time you log in, and you are solely responsible for the confidentiality of your Exchange account, as well as for its use and misuse on this Site.

Use of Personal Data

Your use of the Site will involve the transmission to us of certain personally identifiable information (the “Personal Data”). Our policies with respect to the collection and use of Personal Data are governed according to the accompanying Privacy Policy, which is hereby incorporated by reference in its entirety.

Community Guidelines

Our community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Exchange, you hereby agree that:

  • You will not use the Exchange for any unlawful purpose;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Exchange through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Exchange through hacking, password or data mining, or any other means.

Let us know about any inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.

Intellectual Property

The Exchange contains materials, such as software, text, graphics, images, and other materials provided by or on behalf of Liazon (collectively referred to as the “Content”). The Content may be owned by us or by third parties who license it to us, and is protected under both United States and foreign laws.

The Content includes the trademarks, service marks, and logos of Liazon and its partners used and displayed on the Exchange, which are registered and unregistered trademarks or service marks of Liazon or its partners (the “Marks”).

Except as otherwise provided in this Agreement, you have no rights in or to the Content, and you must not

  • Use the Content except as permitted under these Terms of Service;
  • Use the Marks except with our permission for each use;
  • Remove any copyright or other proprietary notices contained in the Content;
  • Sell, transfer, assign, license, sublicense, reproduce, distribute, modify or create derivative works of the Content or use the Content for any public or commercial purpose; or
  • Use or post the Content on any other website or in a networked computer environment.

Provider Information

Liazon provides you with information about the providers of health plans and other benefits (each a “Provider” and collectively, “Providers”).

Liazon may consult with the Providers with respect to product offers made by the Providers to you, and may recommend particular products to you, but all such offers are made by, and all products are provided by, the Providers and not by Liazon.

The decision to accept any such offer or use any product is made by you. Liazon is not a party to any agreement that you may make with the Provider, and the Provider is solely responsible for its services to you.

YOU UNDERSTAND THAT REQUIREMENTS FOR A SPECIFIC HEALTH INSURANCE PRODUCT ARE MADE BY THE INDIVIDUAL PROVIDER AND THAT LIAZON DOES NOT ENDORSE, WARRANT, OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY PROVIDER.

NOTHING CONTAINED HEREIN CONSTITUTES AN OFFER OR GUARANTEE FOR COVERAGE.

YOU AGREE THAT LIAZON IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, LIABILITIES OR LOSSES OF ANY TYPE WHICH ARISE OR MAY ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE PROVIDER'S SERVICE.

Health Information

Information provided by Liazon through the Site and the Exchange is provided for informational purposes only and does not substitute for advice provided by your doctor or healthcare professional.

Information and statements available through the Site and the Exchange have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Liazon strongly encourages you to contact a health professional to discuss and verify any information obtained through the Site and the Exchange.

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, THE EXCHANGE AND ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED ' AS IS,' 'AS AVAILABLE,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIAZON DOES NOT WARRANT THAT THE SITE OR THE EXCHANGE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

LIAZON SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE EXCHANGE.

ALL CALCULATORS AND TOOLS ON THE EXCHANGE ARE DESIGNED TO BE INFORMATIONAL AND EDUCATIONAL TOOLS ONLY AND DO NOT CONSTITUTE INVESTMENT ADVICE. LIAZON IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ANY DECISIONS OR ACTIONS TAKEN IN RELIANCE UPON OR AS A RESULT OF THE INFORMATION PROVIDED BY THESE TOOLS.

LIAZON IS NOT RESPONSIBLE FOR ANY HUMAN OR MECHANICAL ERRORS OR OMISSIONS.

IN NO EVENT SHALL LIAZON BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE OR THE EXCHANGE EVEN IF LIAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) NEGLIGENCE, (5) TORT, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL LIAZON’S LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF SERVICE OR RELATING THERETO, EXCEED ONE HUNDRED DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS LIAZON’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE EXCHANGE OR THE CONTENT IS TO STOP USING THIS SITE AND THE EXCHANGE.

External Sites

This Site or the Exchange may contain links to third-party websites (“External Sites”), but Liazon does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Advertisements on this Site

We, in our sole discretion, may post the advertisements of third parties on the Site.

The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or their products or services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assignees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, or the Exchange, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

Compliance with Applicable Laws

The Site and the Exchange are based in the United States, and are intended to be used only by residents of the United States who are age 18 years or older.

We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Exchange, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

We may terminate these Terms of Service and your access to all or any part of the Site or the Exchange at any time and for any reason without prior notice or liability.

We reserve the right to change, suspend, or discontinue all or any part of the Site or the Exchange at any time without prior notice or liability.

Copyright Complaints

If you believe this Site contains any Content that infringes your copyright, please contact us, as detailed below, with the following information

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact us by regular mail, please write to

Liazon Corporation
Attn: Liazon Product
199 Scott St.
Buffalo, NY 14204

To contact us by email, please write to privacy@liazon.com with COPYRIGHT NOTICE in the subject line.

Miscellaneous

In the event that any portion of these Terms of Service is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Service shall remain in full force and effect.

This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of these Terms of Service.

You may not assign these Terms of Service. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service.

These Terms of Service and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of New York.

Except for proceedings commenced by Liazon to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York.

These Terms of Service contain the entire agreement of the parties concerning this Site and the Exchange and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site.

Questions or comments regarding the Site or the Exchange should be submitted via U.S. mail to

Liazon Corporation
Attn: Liazon Product
199 Scott St.
Buffalo, NY 14204

To contact us by email, please write to privacy@liazon.com with TERMS OF SERVICE in the subject line.