Online Terms & Conditions

Be sure to read the Terms & Conditions in its entirety, as its covers the legal terms applicable to accessing and using Horizon Blue Cross Blue Shield of New Jersey mobile applications (“Apps”), websites and online services (“Services”). As a condition to accessing and using any of the Services you agree to accept the terms and conditions below as well as the privacy practices described in our Online Privacy Statement.

Unless stated otherwise, the Services are owned and operated by Horizon Healthcare Services, Inc. d/b/a Horizon Blue Cross Blue Shield of New Jersey, together with its subsidiaries and affiliates (collectively, “Horizon BCBSNJ”).

Limitation of Liability and Disclaimer of Warranty

NEITHER HORIZON BCBSNJ NOR ITS EMPLOYEES, AGENTS, SUCCESSORS, AND/OR ASSIGNS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, ADEQUACY, QUALITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR ANY INFORMATION CONTAINED WITHIN THE SERVICES. FURTHER, HORIZON BCBSNJ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCONSEQUENTIAL DAMAGES TO THE USER, OR A THIRD PARTY ARISING FROM THE USE OR RELIANCE UPON THE SERVICES OR INFORMATION CONTAINED WITHIN THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA, EVEN IF HORIZON BCBSNJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF THE ACTION.

Horizon BCBSNJ does not warrant or guarantee that any files or applications available for download are free of cookies, viruses, worms, “Trojan horses,” or other harmful or destructive elements. Please note that downloaded information may be subsequently updated by Horizon BCBSNJ and it is the responsibility of users to ensure that the information they have downloaded is the most up-to-date information made available by Horizon BCBSNJ.

Horizon BCBSNJ has no liability for any actions taken as a result of or in connection with use of the Services. In providing information through the Services, Horizon BCBSNJ does not assume any liability as a result of the use or misuse of the information. By your use of this information, you recognize and agree to hold Horizon BCBSNJ harmless from any liability arising from your use of the Services or the information therein.

Use of Services

The Services and the information provided within are limited in nature, and are not a substitute for professional health care or the advice of a health care professional. If you have specific healthcare needs please see a doctor or other health care provider. Check with your doctor before starting any new diet or exercise program.

Descriptions of Horizon BCBSNJ products or services do not constitute an offer to sell or promote products. Information provided via the Services is made available as a convenience and may not contain all the relevant terms, conditions, limitations or exclusions for a product or service. Anyone interested in a particular product or service should contact a Horizon BCBSNJ representative.

The information provided within the Services is not intended to replace or modify the terms, conditions, limitations, and exclusions contained within health benefit plans issued or administered by Horizon BCBSNJ. In the event of a conflict between the information contained within the Services and your plan documents, your plan documents shall control.

You agree to use the Services at your own risk.

Modification of Services

Horizon BCBSNJ may modify or discontinue, either temporarily or permanently, any of the Services, with or without notice. You agree that Horizon BCBSNJ is not liable to you for any modification or discontinuance of the Services.

User Obligations

Content submission - Use your own best judgment before posting content to the Services, or sending personal or confidential data to Horizon BCBSNJ through the Internet. Please contact us for any questions that you may have in this regard.

Account credentials and verification - You may be required to establish unique account or authentication credentials, such as username and password, in order to use certain Services, like the Horizon BCBSNJ member portal. You are responsible for maintaining the confidentiality and integrity of such credentials. Do not share your username or password with others.

In some cases, Horizon BCBSNJ may use a third party to verify your identity when you use the Services. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber details, if available, to Horizon BCBSNJ and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance. See our Online Privacy Statement below for how we treat your data.

Linking - As a convenience, we may include links to other sites that we do not own, control or influence. We refer to external websites that we think might be useful to you, but we are not liable for their content or privacy practices. Information contained in those websites is not endorsed by Horizon BCBSNJ.

Horizon BCBSNJ may partner with other businesses to provide users access to online tools, information or services that are owned and operated by that business partner (Partner Services). Use of the Partner Services is subject to the terms and conditions of the partner. Horizon BCBSNJ disclaims all liability for such use.

Copyright and trademark - All service-marked, trademarked and registered items are the sole and exclusive property of Horizon BCBSNJ unless otherwise noted. All rights are reserved. They may not be downloaded, distributed, transmitted, reproduced, reprinted, or used, in whole or in part, in any manner except (i) for personal use, or (ii) with the written consent of Horizon BCBSNJ or the copyright holder.

For purposes of any information contained within the Services, or any offer or business arising from the use of the Services, the laws of the State of New Jersey shall apply.

Terms and Conditions for Mobile Applications - These terms apply when you download and use Horizon BCBSNJ mobile applications (“Apps”) on your mobile device. You agree to abide by any applicable terms provided by your wireless carrier and your operating system software provider. You are solely responsible for any costs related to use of the App, including data charges or other fees charged by your wireless carrier.

When you download our mobile application, you may choose to opt-in to location sharing when available for additional application capabilities. If you opt-in to sharing your location information, we may use various technologies to collect your information as described in this policy to provide you with location-based services and content, including for marketing purposes. You can turn off location services for Apps in the Settings on your device.

If you enable Apple Touch ID for Horizon BCBSNJ Apps, remember that anyone with a fingerprint stored on your device will have access to the information contained within the Apps, including your health information.

Apple-Specific Terms and Conditions - In addition to your agreement with the foregoing terms, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of any Application that is compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including, without limitation, any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to Horizon BCBSNJ. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Horizon BCBSNJ’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

You agree not to use the App when located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. You warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.

In-App Services - Through our Apps, we may offer services that are provided and administered by third parties (3rd Party Services). Your use of the 3rd Party Services will be subject to the terms of use and privacy policies and practices of the third party.

DMCA Copyright Infringement Notification

If you are a copyright owner or an agent for such an owner and believe that any content on the Horizon BCBSNJ Services violates your rights, you may submit notice in writing under the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C.512(c)(3). To do so, you must provide our Copyright Agent with the following:

• A physical or electronic signature of a person permitted to act on behalf of the copyright owner;
• Identification of the material that you believe has been improperly copied, published or displayed. If you believe there is more than one instance of such improper use of materials at our online site, include a list;
• Identification, by location or link, of the material or activity that you believe infringed on your copyright and that is to be removed, or access to which is to be disabled;
• Information that enables Horizon BCBSNJ to contact you, such as an address, telephone number and email address;
• A statement that you believe in good faith that use of the material in the manner complained of is not allowed by the copyright owner, its agent, or the law; and
• A statement that the information in your notice is accurate, and under penalty of perjury, that you are given power to act on behalf of the copyright owner of the material that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is:

If you fail to meet all of the requirements, your DMCA notice may not be valid. Please also note that under Section 512(f) of the DMCA, any person who knowingly reports falsely that material or activity is infringing may be held legally responsible.

Privacy Practices

Our Online Privacy Statement is part of these Terms & Conditions. It explains how we collect and use data you give us. Horizon BCBSNJ may change or update both documents from time to time without notice, so please check back to keep informed. In some cases, the information we collect about you is subject to the requirements of the Health Information Portability and Accountability Act ("HIPAA"). In those circumstances, Horizon BCBSNJ's Notice of Privacy Practices (NOPP) and not the Online Privacy Statement will apply. If you have questions about which policy applies in a certain situation, please contact us.

Updates and Changes

We may revise, modify or amend these Terms & Conditions at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to www.horizonblue.com or otherwise notifying you.

Last Updated: August 21, 2018