TeenHealthExplosion.com

This Usage Agreement ("Agreement") is entered into by and between BlueCross BlueShield of Tennessee, Inc., together with Volunteer State Health Plan, Inc. (VSHP), its wholly-owned affiliate (collectively unless otherwise specified, "BCBST"), and you, the user ("you", "your", or "user"), and governs your use of the BCBST Internet web site available on the World Wide Web at the Uniform Resource Locator ("URL") ("TeenHealthExplosion.com"). This Agreement sets forth the terms and conditions which apply to all users of TeenHealthExplosion.com, including but not limited to healthcare providers, office administrators, healthplan administrators, brokers, employers and healthplan members, whether registered users or guest users.

BY USING TeenHealthExplosion.com OR THE SERVICES AVAILABLE ON TeenHealthExplosion.com, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE ANY OF THE SERVICES AVAILABLE THROUGH THIS SITE.

1. Agreement with BCBST. TeenHealthExplosion.com is an Internet service operated under the name of and owned by BCBST. BCBST hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the on-line services available at TeenHealthExplosion.com, provided and expressly conditioned upon your acknowledgement and agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement, as set forth herein.

2. Access. Certain restricted sections of TeenHealthExplosion.com will be accessible only to you or your personnel identified to BCBST. All information about users provided to BCBST must be current, accurate, and complete. If BCBST at any time discovers any error or omission in the information that you provide, BCBST may, at its option, terminate the right to access and use the password protected sections of TeenHealthExplosion.com by any user. You are responsible for the acts or omissions by your personnel’s use of TeenHealthExplosion.com, and for any damages incurred by you as a result thereof. Users must abide by these terms and conditions, as may be amended from time to time by BCBST in its sole discretion. You may be asked to accept additional terms and conditions prior to enrolling in or using certain additional services offered through TeenHealthExplosion.com.

3. Physician, Practice Group or Agency. Certain services offered through TeenHealthExplosion.com will be accessed and used by physicians, practice groups or authorized agents of BCBST and authorized members of their staff. If you are a physician or agent, or a physician’s, practice group’s or agent’s authorized representative, it is your sole responsibility to identify members of your staff who should be permitted to access and use TeenHealthExplosion.com, and to authorize, monitor and control access to and use of TeenHealthExplosion.com by your staff members.

4. Patient Data and Legal Compliance. The services provided through TeenHealthExplosion.com may enable users (including duly appointed agents of users) to transmit, store and receive certain confidential patient information (“Patient Information”). State or federal laws, as well as ethical or licensure requirements of the medical profession, may impose obligations with respect to patient confidentiality that limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain services or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store or receive in connection with TeenHealthExplosion.com or the services provided thereon. You agree that BCBST, our licensors, and all other persons or entities involved in the operation of services provided through TeenHealthExplosion.com, have the right to monitor, retrieve, store and use Patient Information in connection with the operation of such services, and are acting on your behalf in transmitting Patient Information. BCBST agrees to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf as may be required or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.

5. Use of Information.

A. The term “Information” shall mean all content, data and the related subscriptions, products, services and information provided by BCBST or obtained through TeenHealthExplosion.com. BCBST has entered into agreements with certain sponsors, third-party web site operators and other third-party providers whereby BCBST displays information, products, goods, or services offered by the third-party providers, either independently or in conjunction with BCBST, and provides links from TeenHealthExplosion.com to third-party web sites (the foregoing third-party providers are collectively referred to as “Third-Party Providers”). The term “Information” also refers to Information of the same nature described herein which is offered by Third-Party Providers, and, for purposes of this Agreement, the term “BCBST” shall also include Third-Party Providers.

B. Despite the fact that BCBST facilitates services and the use of Information from Third-Party Providers does not create, and is not intended to create, a legal affiliation between BCBST and such Third-Party Providers. Further, BCBST shall not be held liable, directly or indirectly for any loss or damage caused by your use of any external site, Third-Party Provider Information, product or service. Statements, including without limitation, advice and recommendations made on TeenHealthExplosion.com concerning, but not limited to, various aspects of healthcare and the administration and management of healthcare policies, claims and benefits are intended solely to provide educational and informational aid and are not intended to be, nor should they be considered, a substitute for professional advice from a provider of healthcare or healthcare related payment, services or benefits.

THE USER IS HEREBY ADVISED TO CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING HEALTHCARE NEEDS AND CONCERNS AND TO CONTACT THE USER’S OWN EMPLOYER, HEALTHCARE ADMINISTRATOR, MANAGER AND BENEFIT PROVIDER, AS NEEDED.

C. Furthermore, TeenHealthExplosion.com may include facts, views, opinions and recommendations of individuals and organizations, which are clearly not affiliated with BCBST. BCBST may point or link to other sites located on services maintained by third parties that may be of interest to you, but for which BCBST has no responsibility. BCBST does not guarantee that a link will be provided to enable every user to reach their intended party(ies) including, but not limited to physician offices and health plan benefit offices. In addition, BCBST does not guarantee or warrant the availability, accuracy, completeness or timeliness of or otherwise endorse any of these views, opinions or recommendations. BCBST provides such linking functions only as a service to you and makes no representation or warranty as to the accuracy or any other aspect of the information contained on such Internet servers or sites. The Internet is a global network of computers that you use at your own risk. Certain sites on the Internet carry controversial, sexually explicit or other inappropriate materials. Neither BCBST nor its affiliates have control over or the ability to censor the Internet.

6. Ownership.

(a) The information found at TeenHealthExplosion.com and all pages of TeenHealthExplosion.com represent the valuable, exclusive property of BCBST or its licensors, licensees or Third-Party Providers and are copyrighted material. The logos, page headers, custom graphics, buttons, and other icons contain, reflect or are proprietary service marks, trademarks, or registered service marks, registered trademarks of BCBST (collectively, “Trademarks”). Nothing in this Agreement shall be construed as transferring or assigning any ownership rights to you or any other person or entity.

(b) Except as expressly permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof or any Trademarks in any manner whatsoever without prior written consent from BCBST. You may not remove, alter, use, display, modify, copy or obscure any copyright, Trademarks, legal or proprietary notices in or on any portions of the Information.

(c) BlueCross BlueShield of Tennessee and VSHP are independent corporations operating under licenses from the BlueCross and BlueShield Association (“BCBSA”). BCBSA is an association of independent BlueCross and BlueShield Plans (The “Association”) permitted to use the BlueCross and BlueShield service marks. BlueCross BlueShield of Tennessee and VSHP are licensed to use the service marks in the State of Tennessee and are not contracting as agents of the Association.

7. Restrictions. You may not store in the memory of your computer and may not manipulate, analyze, reformat, print and/or display the Trademarks or Information received or accessed through TeenHealthExplosion.com in any manner that is inconsistent with this Agreement. You may not resell, redistribute, broadcast or transfer the Information or Trademarks or use the Information in a searchable, machine-readable database or file. Unless separately and specifically authorized in a writing signed by BCBST, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share on TeenHealthExplosion.com, any part thereof, or any of the Information or Trademarks received or accessed therefrom to or through any other person or entity. You agree to use TeenHealthExplosion.com and the Information for lawful purposes only. You agree not to post or transmit any information through TeenHealthExplosion.com which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission and shall indemnify BCBST in accordance with Section 15 for any claims or actions brought by third parties who allege that you have violated this Section 4.

8. Submissions. If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, “Ideas”), the Ideas shall be deemed, and shall remain, the sole and absolute property of BCBST. Except as set forth in our Privacy Policy, none of the Ideas shall be subject to any obligation of confidence on the part of BCBST and BCBST shall not be liable for any use or disclosure of any Ideas. Without limitation of the foregoing, BCBST shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the universe and shall be entitled to unrestricted use, not inconsistent with our Privacy Policy, of the Ideas for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Ideas. Unless otherwise provided, you hereby grant to BCBST a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the forums at TeenHealthExplosion.com or any e-mail sent by you to BCBST (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed, except to the extent any of the foregoing would be inconsistent with the Privacy Policy of BCBST.

9. Links to Other Sites

BlueCross BlueShield of Tennessee offers direct links to other separate and individual Web sites that offer information that could be beneficial to our members. Since these direct links are separate Web sites independent of TeenHealthExplosion.com, they may not follow the same privacy guidelines set forth here. BCBST assumes no responsibility or control over the acts or the privacy policies of the third party Web sites to which BCBST provides direct links. We suggest that you contact the appropriate controlling authorities of these sites or review their privacy policy.

Links to sites external to TeenHealthExplosion.com go through the same review procedure as other types of content (see Editorial Policy) and are chosen based primarily on usefulness to the user and appropriateness for the site, which would include links that promote health and that inform the user of disease treatment, wellness, and other health-related information. Links on the TeenHealthExplosion.com site are reviewed annually for appropriateness and functional reliability.

During review of links, BlueCross BlueShield of Tennessee does not review all content on these sites and does not endorse their content. Each site has its own editorial review policy that governs the content on that site. If you choose to visit these sites, please read their policies.

For certain established sites, no additional qualification will be made in the link description, for example:

Government agency or government sponsored sites
Accredited educational institutions
BlueCross BlueShield Association sponsored sites
Web sites of organizations that promote health, e.g., American Heart Association

For sites linked to for the benefit of the user, but where the sponsors of the site have a financial interest and their focus is promoting the use of a service or selling a service or product (for example, American College of Cardiology, American Medical Association, and American Academy of Pediatrics), we would state this in the link description. Although some sites sell products or services, they also have some information of value or interest, such as alternative medicine, etc. Our introduction to them would disclose their focus.

Regarding links to www.TeenHealthExplosion.com, you may create a link from your personal computer or web site as set forth pursuant to the terms contained in our linking agreement. You may not create a link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by BCBST; 2) cause confusion, mistake, or deception; 3) dilute BCBST’s Trademarks or service marks; or 4) otherwise violate U.S. state or federal law or the law of any other jurisdiction.

10. Changes to Agreement. BCBST reserves the right to modify the terms and conditions of this Agreement and the TeenHealthExplosion.com. Such modifications may include, without limitation, changes in services, implementation of user priorities or rules, and discontinuance of functional aspects of the TeenHealthExplosion.com. BCBST may also add, withdraw or modify Information within the TeenHealthExplosion.com or services or products provided throughout TeenHealthExplosion.com at any time in its sole discretion or cancel any link to a Third-Party Provider web site. All notices and statements described above shall be displayed on-line, and when displayed shall constitute effective notice under this Agreement on the day BCBST places them on the TeenHealthExplosion.com. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

11. Password Disclosure. If, at any time, you learn or suspect that your user name or login password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify BCBST via e-mail or in writing within twenty-four (24) hours. Upon receiving such notice, BCBST will assign a new password to you within a reasonable period of time.

12. Delays in Services. Neither BCBST nor any of its licensors, licensees and Third-Party Providers (including their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to system failures, date-data processing failures, telephone problems, utility failures or problems, defects, weather strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. BCBST shall have no responsibility to provide access to TeenHealthExplosion.com while any such interruption continues.

13. Termination. Termination or cancellation of this Agreement shall not affect any right or relief to which BCBST may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will immediately terminate and revert to BCBST. BCBST may immediately terminate this Agreement for any of the following reasons: (a) any unauthorized access or use by you, including without limitation: (i) concurrent access of the TeenHealthExplosion.com with identical user identification numbers; (ii) permitting another person or entity to use your user identification number or password to access TeenHealthExplosion.com; or (iii) any other access or use of TeenHealthExplosion.com which is not expressly authorized by this Agreement; (b) any assignment or transfer of, or attempt by you to assign or transfer, any rights granted to you under this Agreement; (c) your failure to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information, copyrights or Trademarks contained in, or accessed through, TeenHealthExplosion.com; (d) any transmission or receipt of, or attempt by you to transmit or receive, submissions or “Ideas” using TeenHealthExplosion.com (or cause the same), in violation of Section 3 herein BCBST, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (e) any violation of any of the other terms and conditions of this Agreement.

14. Monitoring. You acknowledge that BCBST reserves the right to monitor any and all Information or transmissions sent or received through TeenHealthExplosion.com. BCBST, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information or transmission which BCBST deems as inappropriate or as violating any term or condition of this Agreement. During monitoring, Information or transmission may be examined, recorded, copied, and used for authorized purposes. By using TeenHealthExplosion.com, authorized or unauthorized, you consent to such monitoring. Unauthorized uses and unauthorized users of the TeenHealthExplosion.com will be prosecuted to the full extent of the law. Use of Information associated with monitoring TeenHealthExplosion.com is subject to BCBST’s Private Policy.

15. Equipment and Operation. You shall provide and maintain all telephone, software, computer hardware and other equipment necessary to access TeenHealthExplosion.com, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment and for familiarity with the Information used with or available through TeenHealthExplosion.com. BCBST reserves the right to refuse, if you seek assistance with BCBST with respect to matters not directly relating to TeenHealthExplosion.com.

16. Disclaimer of Warranties. You acknowledge that the Third-Party Provider Information, web sites and links provided through TeenHealthExplosion.com are sources, which are beyond the control of BCBST. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and BCBST and its licensors and Third-Party Providers do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE SERVICES AVAILABLE TO YOU THROUGH TeenHealthExplosion.com ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS” BASIS. BCBST AND ITS LICENSORS AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT.

FURTHER, BCBST AND ITS LICENSORS AND THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, OR THE RESULTS OF THE USE OF TeenHealthExplosion.com, THE SERVICES OR PRODUCTS PROVIDED BY TeenHealthExplosion.com, OR THE KNOW-HOW OR OTHER INFORMATION PROVIDED THROUGH OR FOUND AT TeenHealthExplosion.com OR THAT TeenHealthExplosion.com WILL MEET YOUR REQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS.

FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, RESULTS OF THE SERVICES AND/OR ANY STATEMENTS MADE ABOUT ANY OF THE SERVICES AVAILABLE THROUGH TeenHealthExplosion.com HAVE NOT BEEN EVALUATED BY ANY U.S. OR OTHER GOVERNMENTAL AUTHORITY, INCLUDING WITHOUT LIMITATION, THE FOOD AND DRUG ADMINISTRATION (THE “FDA”), AND THAT THESE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. TeenHealthExplosion.com DOES NOT CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT YOUR MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTHCARE PROVIDER.

BCBST ALSO PROVIDES NO WARRANTY OF ANY KIND THAT THE INFORMATION AND ASSISTANCE PROVIDED IN CONNECTION WITH MEDICAL BENEFITS, POLICIES, CLAIMS AND DATA RELATED THERETO IS RELIABLE OR ACCURATE, AND THE USER IS ADVISED TO CONSULT AND RELY UPON ITS OWN AGREEMENTS, RIGHTS AND BENEFITS WITH ITS SERVICE PROVIDERS.

BCBST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Under this Agreement, you assume all risk of errors and/or omissions in TeenHealthExplosion.com, including the transmission or translation of Information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of TeenHealthExplosion.com and its associated services, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under the Agreement.

SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE DURATION OF EFFECTIVE WARRANTIES AND/OR THEIR DISCLAIMERS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE.

17. Limitation of Liability. IN NO EVENT SHALL BCBST’S TOTAL LIABILITY FOR ALL DAMAGE, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR NEGLIGENCE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE OF BCBST, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING TeenHealthExplosion.com, EVEN IF BCBST OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ABOVE LIMITATION OF LIABILITY SHOULD FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO BCBST BY YOU UNDER THE TERMS OF THIS AGREEMENT, ANY AGREEMENT WITH AN INDIVIDUAL THIRD-PARTY PROVIDER OR THE SUM OF $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EVEN IF BCBST OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 15 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

BCBST shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Information provided by or the know-how or other information contained within TeenHealthExplosion.com or the services or products provided through TeenHealthExplosion.com or for any delay of interruption in the transmission thereof to the site user, for any claim or loss arising therefrom or occasioned thereby. BCBST shall not be liable for any damages for lost data, use, profits, savings or goodwill that results from use of or inability to use Information, services, products or software contained within TeenHealthExplosion.com.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

18. Indemnification. YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS BCBST, ITS LICENSORS, AND THRID-PARTY PROVIDERS (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS BROUGHT BY ANY PERSONS ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF TeenHealthExplosion.com, INCLUDING BUT NOT LIMITED TO, THE ACCESS TO AND USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH OR PROVIDED BY TeenHealthExplosion.com, INCLUDING AUTHORIZED ACCESS OR USE.

19. Privacy. You hereby acknowledge having read and accept and agree to all terms and conditions of BCBST’s Privacy Policy, also found at TeenHealthExplosion.com, which are hereby incorporated in this Agreement.

20. No Conflicting Terms. If there is any conflict between this Agreement and any other documents regarding the subject matter of this Agreement or the services, products or Information you access, acquire or receive through TeenHealthExplosion.com, then the provisions of this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of BCBST.

21. Minors. If you have agreed to allow your minor child or a child for whom you are legal guardian (“Minor”) to access TeenHealthExplosion.com or any of the services or Information offered or through the site, you agree that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor’s access to and use of the site; and (c) the consequences of any use of the site by such Minor.

22. Attorney’s Fees. If BCBST takes action and prevails (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of damages or any amounts due hereunder, BCBST shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.

23. Governing Law; Limitations; Venue. This Agreement shall be governed by the laws of the State of Tennessee excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of TeenHealthExplosion.com contemplated by this Agreement must be instituted within one (1) year from the date upon which such claim or cause arose or accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Chattanooga, Hamilton County, Tennessee and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Tennessee as your agent for service of process. You agree to waive any objection that the state or federal courts of Tennessee are an inconvenient forum.

24. Jurisdictional Issues. Unless otherwise specified, the materials in this web site are presented solely for the purpose of promoting programs, services, and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by BCBST from its offices within the State of Tennessee, United States of America. BCBST makes no representation that material and Information found at or accessible through TeenHealthExplosion.com are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from TeenHealthExplosion.com may be downloaded or otherwise exported or re-exported: (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

25. Assignment. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of BCBST. Any assignment other than as provided for in this Section shall be null and void, ab initio.

26. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement.

27. Entire Agreement. THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY CLICKING ON THE BUTTON INDICATED FOR ACCEPTANCE IN CONNECTION WITH THE NEW USE OR GUEST REGISTRATION PROCEDURES OR, IN THE EVENT SUCH REGISTRATION DOES NOT OCCUR, AT THE TIME YOU ATTEMPT TO PARTICIPATE IN OR REQUEST A SERVICE OR PRODUCT THROUGH TeenHealthExplosion.com. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND BCBST WITH RESPECT TO THE SUBJECT MATTER ADDRESSED HEREIN.

28. Contest: On occasion, BlueCross BlueShield of Tennessee may run promotions to increase registration with its online services. In awarding prizes for theses contests, BlueCross BlueShield of Tennessee reserves the right to substitute prizes for those of an equivalent nature. There will be no cash substitutions for the prizes offered. Please note that taxes, licenses and other financial liabilities associated with the winning of the prize shall be the responsibility of the contestant(s) that wins the prize. BlueCross BlueShield of Tennessee has no financial liability other than that of ensuring the prize is sent to the prize winner.

29. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d) as amended, BCBST hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and at the America Links Up web site, http://www.getnetwise.org/americalinksup/parentstips/browsers.html.

30. Notice and Procedure for Copyright Infringement Claim. BCBST, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use TeenHealthExplosion.com and any services or Information provided through TeenHealthExplosion.com, if it determines in its sole and absolute discretion that you are involved in any activity which may be infringing, including alleged acts of first time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. BCBST accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, BCBST has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. BCBST’s designated agent to receive notification of claimed infringement is:

Tena Roberson
BlueCross BlueShield of Tennessee
801 Pine Street
Chattanooga, TN 37402
tena_roberson@bcbst.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to BCBST’s designated agent, listed above, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information on the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

31. Consent To Electronic Signatures. YOU CONSENT TO USE OF ELECTRONIC SIGNATURES WITH DOCUMENTS RELATED TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO HAVE THE RECORD PROVIDED OR MADE AVAILABLE ON PAPER OR NON-ELECTRIC FORM, AND YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT TO THE USE OF ELECTRONIC SIGNATURES. YOU ARE AWARE THAT SUCH CONSENT TO THE USE OF ELECTRONIC SIGNATURES IS APPLICABLE TO TRANSACTIONS CONSUMMATED USING TeenHealthExplosion.com. YOU MAY WITHDRAW YOUR CONSENT TO USE OF ELECTRONIC SIGNATURES BY PROVIDING AN IN-PERSON, NON-ELECTRONIC SIGNED WRITING WITHDRAWING SUCH CONSENT TO BCBST. YOU MAY ALSO OBTAIN A PAPER COPY OF ANY ELECTRONIC RECORD BY VISITING BCBST AND REQUESTING SUCH A PAPER DOCUMENT, ALTHOUGH COPY EXPENSES MAY APPLY. YOU ARE AWARE THAT YOU ARE RESPONSIBLE FOR ALL HARDWARE AND SOFTWARE REASONABLY NECESSARY TO ACCESS THE SERVICE AND USE THE ELECTRONIC SIGNATURE FUNCTION.

For the purpose of this Agreement, “Electronic Signature” means an electronic symbol or process attached to or logically associated with a document or record and executed or adopted by you with the intent to sign the record.

You may contact BCBST with questions concerning this BCBST Usage Agreement.