End User License Agreement
Prior to creating your account, please read and understand our end user license agreement.
PLEASE READ THIS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE PROVIDER PORTAL (“PORTAL”). BY USING THE PORTAL, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. THIS IS A LEGAL LICENSE AGREEMENT BETWEEN YOU, THE END USER, AND BLUE CROSS AND BLUE SHIELD OF KANSAS CITY (“BCBS KC”). BY CLICKING “ACCEPT” BELOW, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK “ACCEPT” BELOW.
USER QUALIFICATIONS AND ACCOUNT REGISTRATION. The Portal is maintained by BCBS KC for the purposes of interacting with contracted health care providers (“Provider”), subject to the terms of the Provider Agreement between Provider and BCBS KC. Provider is responsible for managing all users that access the Portal on Provider’s behalf. By accessing the Portal, you represent that you are authorized to do so in the performance of your job duties on behalf of a Provider. You represent you are at least 18 years of age and have the authority to enter into this Agreement.
GRANT OF LICENSE TERMS. Subject to the terms and conditions herein, BCBS KC hereby grants you a non-exclusive, nontransferable license to access and use the Portal for the sole purpose of creating and maintaining data related to treatment, payment, health care operations and other related duties. The Portal in any form is licensed, not sold, to you by BCBS KC for use only under the terms of this License and BCBS KC reserves all rights not expressly granted to you.
ACCEPTABLE USE AND RESTRICTIONS. The information, material and content accessible through the Portal as well as any other information obtained from, or communicated to, BCBS KC through the use of the Portal, including information about an identifiable individual, health information, financial information or any other information which could identify a person, group or program (collectively “Information”), are strictly confidential. You agree that you shall use the Information only in accordance with the terms of this Agreement and the Provider Agreements, in a manner consistent with applicable federal, state, and local laws, all applicable professional and ethical standards and requirements, all applicable rules, policies, and procedures established by your Provider (including, without limitation, all policies and procedures addressing confidentiality, privacy, and/or security of individually identifiable or otherwise sensitive information). You agree not to access or use the Information in an unlawful way or for an unlawful or illegitimate purpose, including without limitation in a manner or for a purpose that would violate any federal or state privacy or security laws or your Provider’s contractual obligations. You acknowledge that BCBS KC may conduct such monitoring and auditing of the Portal and Data access and use as it deems appropriate in its sole discretion.
You shall use the Portal only for treatment, payment, and healthcare operations of Provider or BCBS KC. You agree that all Information transmitted through the Portal is accurate, complete and timely. You may not reverse engineer, decompile, disassemble, or create derivative works of the Portal. You will keep control of your username and password and not allow anyone other than yourself to use the username and password supplied to you for the Portal. BCBS KC, in its sole discretion, reserves the right to change, suspend, remove, delete, modify, amend, or disable access to the Portal at any time without notice. In no event will BCBS KC be liable for the removal of or disabling of access to the Portal. BCBS KC may also impose limits on the use of or access to the Portal in any case and without notice or liability.
You shall not and shall not permit any other individual or other entity to introduce any viruses, worms, unauthorized cookies, trojans, malicious software, “malware”, or other program, routine, subroutine, or data designed to disrupt the proper operation of the Portal or any part thereof or any hardware or software used by BCBS KC in connection therewith, or which, upon the occurrence of a certain event, the passage of time, or the taking of or failure to take any action, will cause the Portal or any party thereof or any hardware, or software or data used by BCBS KC in connection therewith, to be improperly accessed, destroyed, damaged, or otherwise diminished, made inoperable or inaccessible.
You may not, nor may you permit others to use the Portal in any fashion that may infringe any copyright, intellectual property right, or proprietary or property right or interest of us or our suppliers; or store in a retrieval system, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the Portal, or any portion thereof; or use the Portal to develop a database, infobase, online or similar database Portal, or other information resource in any media (print, electronic or otherwise, now existing or developed in the future) for sale to or use by others; or make any portion of the Portal available through any timesharing system, Portal bureau, the Internet, or any other similar technology now existing or developed in the future; or remove or obscure any copyright notice or other notice or terms of use contained in the Portal; or remove, disable or defeat any functionality in the Portal designed to limit or control access to or use of the Portal.
NON DISCLOSURE AND CONFIDENTIALITY. You are subjected to the federal Health Insurance Portability and Accountability Act (“HIPAA”) and its implementing regulations, 45 CFR Part 160 and 45 CFR Part 164, Subparts A and E, Standards for Privacy of Individually Identifiable Health Information, and 45 CFR Part 164, Subpart C, Security Standards for the Protection of Electronic Protected Health Information (collectively, the “Privacy and Security Standards”). The Health Information Technology for Economic and Clinical Health Act (42 USC §§ 17921-17954), and regulations promulgated thereunder (collectively, the “HITECH Act”) impose certain obligation with respect to compliance with the Privacy and Security Standards. You represent that you are compliant with HIPAA. Both parties are committed to complying with the Privacy and Security Standards.
In using the Portal, you will have access to confidential information of BCBS KC (“Confidential Information”) that may include, but is not limited to, software, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, technical materials and information, and related documentation, provider information, and certain Protected Health Information and/or aggregate, de-identified health information. You agree to strictly maintain and safeguard the privacy and security of all Confidential Information. Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information, including without limitation: (i) to use the Portal and the Confidential Information only as needed to perform your responsibilities on behalf of your Provider; (ii) not to access, use, or disclose any Confidential Information that you do not have legitimate authorization and right to so access, use, or disclose; (iii) not to access the Portal or any Confidential Information for any other individual or any unauthorized third party; or (iv) to restrict physical and system access to the equipment that contains Confidential Information or that gives access to the Portal. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of your access and use rights hereunder.
NOTIFICATION REQUIREMENTS. You shall immediately notify, and cooperate fully with BCBS KC in the event you discover or suspect: (a) any unauthorized or impermissible use of or access to the Portal; (b) any inappropriate use or disclosure of information contained in the Portal or obtained through use of the Portal; (c) the recognition or introduction of any virus, worms, trojan horses, and other destructive items; or (d) any security incident. In the event that a security incident occurs, you shall immediately notify BCBS KC of the security incident and cooperate fully with BCBS KC to cure any security breach, prevent any future breaches, and mitigate the effects of any incident.
OWNERSHIP. This license agreement confers no ownership rights to you and is not a sale of any rights in the Portal, any related documentation (“Documentation”), or the media on which either is recorded or printed. BCBS KC owns and retains ownership of all right, title, and interest in and to (i) the Portal; (ii) the Documentation and any copies thereof; (iii) any ideas, copyright, suggestions, or feedback relating to the Portal and Documentation. You agree that the Portal, including but not limited to graphics and editorial content, contains proprietary information and material that is owned by BCBS KC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except as permitted by the License.
INDEMNIFICATION. Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend BCBS KC and its licensors and their parents, subsidiaries, affiliates, suppliers and its and their officers, directors, affiliates, subcontractors, agents and employees (collectively, "Indemnified Parties" and each, individually, an "Indemnified Party") against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any claims arising out of: (i) your use of the Portal, Materials, and/or Data in any manner not permitted under this Agreement and your Provider’s Agreement(s); (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth in this Agreement or any other agreement related to your access to or use of the Portal, Materials, and/or Data. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
NO WARRANTIES. THE PORTAL IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BCBS KC AND/OR ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BCBS KC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PORTAL, THAT FUNCTIONS CONTAINED IN THE PORTAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PORTAL WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BCBS KC OR AN AUTHORIZED BCBS KC REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PORTAL PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU WITH RESPECT TO THE PORTAL AND THE ACCOMPANYING WRITTEN MATERIALS.
NO LIABILITY FOR DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BCBS KC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OTHER PECUNIARY LOSS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PORTAL, EVEN IF BCBS KC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME LOCAL LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
CHANGES TO THE LICENSE. From time to time, we may amend the then existing terms and conditions of this License without notice. Your continued use of the Portal following notice to you of a change shall constitute your acceptance of the respective change.
TERMINATION. This License is effective until terminated. You acknowledge that BCBS KC may suspend or terminate your access to the Portal at any time, for any reason or for no reason at all. BCBS KC has the right (but not the obligation) to refuse to provide access to the Portal to any person, agency, or Provider, or to prohibit any person, agency, or Provider from using the Portal at any time, for any reason or for no reason at all, in BCBS KC’s sole discretion. Your rights under this License will terminate automatically without notice from BCBS KC immediately if you fail to comply with any the term(s) of this License. Upon the termination of this License, you shall cease all use of the Portal.
EXPORT CONTROL. You acknowledge that the Portal, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Portals or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
GENERAL. This License shall be governed by and interpreted in accordance with the laws of the State of Missouri, USA, without regard to any principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. All disputes arising under this License shall be brought exclusively in a federal or state court located in Jackson County, Missouri. You consent to the personal jurisdiction of such courts and hereby waive any objection to venue of such courts. If any provision of this License is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. Failure or delay in enforcing any right or provision of this License shall not be deemed a waiver of such right or provision with respect to any subsequent breach. No terms, provisions, or conditions of any purchase order, acknowledgement, check, or other business form that you may use in connection with the acquisition or licensing of the Portal will have any effect on the rights, duties, or obligations of the parties under this License, regardless of any failure of BCBS KC to object to such terms, provisions, or conditions. This License constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, whether in writing or oral, with respect to the subject matter of this License. Your rights under this License may not be transferred or assigned without the prior express written consent of BCBS KC, and any such attempted assignment shall be void. BCBS KC may assign this License in its discretion.
