B.PHL Terms and Conditions of Use
Welcome to the website of the B. PHL innovation festival (“B. PHL”). Independence Blue Cross, LLC (“we” or “Company”) owns and operates the website BPHLfest.com and related mobile applications (collectively, the “Site”). The Site is designed to make it easier for visitors to learn about B. PHL and obtain general information regarding the B. PHL innovation festival. When users access the Site, they are using a service provided by Company, a condition of which is the user’s agreement to be bound by these Terms and Conditions of Use (the “Terms and Conditions”).
- Terms and Conditions of Use
The Terms and Conditions may be updated by us at any time and without notice. Unless stated otherwise, changes will be effective when they are posted. You can review the most current version of the Terms and Conditions at any time by clicking on the link entitled Legallocated on the B.PHL home page – BPHLFest.com.
- No Legal Advice
Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is created between Company and you by reason of your use of the Site or under any circumstances. If you have questions about any law, statute, regulation, or requirement referenced in the Site, you should contact your own legal counsel.
- Hold Harmless
You agree to release and hold Company and its subsidiaries and affiliates, and all of their directors, officers, agents, principals or other partners, and employees, harmless from any claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms and Conditions, and/or your violation of law.
- General Practices Regarding Use and Storage
You acknowledge that Company may establish general practices and limits concerning use of the Site. You further acknowledge that Company reserves the right to change its general practices at any time, in its sole discretion, with or without notice.
- Modifications to BPHLFest.com
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or the portals.
You agree that Company, in its sole discretion, may terminate your password, user identification (or any part thereof), or use of the Site for any reason, including, without limitation, if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. You agree that any termination of your access to the Site under any provision of the Terms and Conditions may be affected without prior notice and acknowledge and agree that Company may immediately deactivate or delete your password and user identification and any electronic access to information in your account and/or bar any further access to such files or the Site. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Site.
- Links to Other Websites
- Submission of Information
- Proprietary Rights
You acknowledge and agree that the Site, and any necessary software used in connection with the Site, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content (including images, text, and the “look and feel” attributes) presented to you through the Site is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Except as expressly authorized by Company in writing, you agree not to modify, copy, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part. Company grants you a personal, nontransferable, and nonexclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse-engineer, reverse-assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to obtain access to the Site by any means other than through the interface that is provided by Company.
- Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the Site is at your sole risk. The service is provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Company makes no warranty that (1) the Site will meet your requirements, (2) the Site will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Site will be accurate or reliable, (4) any errors in the Site will be corrected.
- Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Company or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions.
- Limitation of Liability
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the site and/or portal; (2) unauthorized access to or alteration of your transmissions or data; (3) statements or conduct of any third party on the site and/or the portals; or (4) any other matter relating to the site and/or the portals. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of Sections 12 and 13 may not apply to you.
We may notify you regarding the use of the Site via either email or regular mail. The Site may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Site.
- Trademark Information
All trademarks, service marks, and logos are proprietary to Company or third parties. Use or misuse of these trademarks is expressly prohibited and may violate federal and/or state trademark law. Without prior written permission of the owner, you agree not to display or use in any manner, the trademarks, service marks, and logos found on the Site. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site. Company enforces its intellectual property rights to the fullest extent of the law.
- International Users
The Site can be accessed from countries around the world. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Access to the Site from territories where the Site and/or services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, including but not limited to the export control laws.
- General Information
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Copyright © 2019, Independence Blue Cross, LLC. ALL RIGHTS RESERVED.All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws. All software used on the Site is the property of Company or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
- Copyright Complaints
Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
- Questions and feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to email@example.com.
Updated: May 1, 2019