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Terms of Use
Blue Healthcare Bank offers you a wide range of content, software,
communication tools, and information about its products and services
(collectively, “Materials”), as well as the ability to process your
personal savings account application(s), via this website (“Site”).
By using this Site, you agree to be bound by and comply with the
notices, terms and conditions of use contained or referenced herein
(collectively, “Terms of Use”). If you do not agree to these
Terms of Use, you must exit the Site immediately. You agree that Blue
Healthcare Bank may, at its sole discretion, terminate your access to
this Site at any time without notice.
This Site is not intended to serve as a substitute for the advice of
your own legal, medical, tax, or investment advisor. Mention of specific
products or services at this Site does not constitute a recommendation
or endorsement by Blue Healthcare Bank.
- Limited Right to Use.
This Site is owned and operated by Blue Healthcare Bank. Unless
otherwise specified, all Materials on this Site are the property of
Blue Healthcare Bank. You may use, view, print, and/or download the
Materials from this Site solely for your personal, informational, or
non-commercial use, provided you do not delete, change or otherwise
modify any of the Materials, including but not limited to, all
copyright and other proprietary notices. No Materials published by
Blue Healthcare Bank on this Site, in whole or in part, may be sold,
licensed, rented, adapted, edited, copied, reproduced, modified,
republished, uploaded, posted, transmitted, or distributed in any
form or by any means without prior written permission from Blue
Healthcare Bank. The use of any such Materials on any other website
or networked computer environment or for any other purpose is
strictly prohibited and such unauthorized use may violate copyright,
trademark, and other similar laws. Accessing, using, or copying any
portion of the Site or any of the Materials through the use of bots,
spiders, scrapers, web crawlers, indexing agents, or other automated
devices or mechanisms is strictly prohibited.
- Links to Other Sites.
This Site may contain links to websites operated by third parties.
The linked sites are not under the control of Blue Healthcare Bank
and Blue Healthcare Bank is not responsible for the content of any
linked site or any link contained in a linked site. Blue Healthcare
Bank reserves the right to terminate any link or linking program on
this Site at any time. Blue Healthcare Bank may provide links from
this Site to other sites as a convenience to you and in no way
should this be interpreted as an endorsement by Blue Healthcare Bank
of any company, websites, the information they contain, or any
products or services that they offer or describe. If you decide to
access any of the third party sites linked to this Site, you do this
entirely at your own risk. The terms of use that govern the use of a
linked site will differ from these Terms of Use, and you should
review the policies of a linked site before making a decision to
proceed to use that site. Blue Healthcare Bank is not responsible
for the privacy practices of websites to which links are provided.
Please consult the privacy statement of each website you visit.
- Links to This Site.
You may include a link on your own website to the home page of this
Site (www.bluehealthcarebank.com), provided that you do not: (a)
“deep link” to any other page of the Site; (b) “frame” the Site or
any Materials or otherwise cause the Site or any Materials to appear
in a window with any other material that does not constitute
Materials; (c) cause the link to the Site, or cause any portion of
the Site or the Materials, to be displayed in any way that is
disparaging to Blue Healthcare Bank or any entity that is part of or
associated with Blue Healthcare Bank; or (d) without our prior
written approval, imply or state that you have any type of
relationship or special arrangements with Blue Healthcare Bank or
with any entity that is associated with Blue Healthcare Bank. We may
request that you promptly remove any link to the Site at any time
and for any reason and you agree to promptly comply with any such
request. In no event will you use our logo or any other Blue
Healthcare Bank trademark as a hyperlink “button,” or in any other
manner, without our express written consent.
- Intellectual Property.
Except as otherwise indicated, all Materials on this Site, including
text, graphics, logos, button icons, photos, images, forms, audio,
video, questionnaires, and software, and any compilation of
Materials, are the exclusive property of Blue Healthcare Bank and
are protected by the laws of the United States and other countries
relating to copyrights, trademarks, service marks, patents, patent
registration rights, trade secrets, know-how or other proprietary
rights. Unless specifically authorized in writing by Blue Healthcare
Bank, any duplication or use of these materials or of any materials
contributed to this Site by entities other than Blue Healthcare Bank
for any purpose is prohibited. Any rights not expressly granted by
these terms and conditions or an applicable end-user license
agreements are reserved by Blue Healthcare Bank.
- Trademarks and Service Marks.
The trademarks, service marks, and logos of Blue Healthcare Bank and
others used in this Site (“Trademarks”) are the property of Blue
Healthcare Bank and their respective owners. Other proprietary marks
of Blue Healthcare Bank may be designated as such from time to time
on this Site through use of the TM, SM or ® symbols. You are not
authorized to make any use of the Blue Healthcare Bank Trademarks,
including, but not limited to, use as meta tags or in any other
fashion that may create a false or misleading impression of
affiliation with or sponsorship by Blue Healthcare Bank.
- Exports.
You acknowledge that any software that is available or provided to
you on the Site, or that you download from the Site, may contain
technology that is subject to strict controls pursuant to export
control laws and regulations of the United States and other
countries and jurisdictions. You hereby agree that you shall not
transfer or export such software in violation of such applicable
export laws and regulations. Blue Healthcare Bank does not authorize
the downloading or exportation of any software or technical data
from this Site to any jurisdiction prohibited by such export
controls laws and regulations.
- Regional Information.
Information that Blue Healthcare Bank publishes on this Site may
contain references or cross references to Blue Healthcare Bank
products and services that are not announced or available in your
state, country, or region of the world. Such references do not imply
that Blue Healthcare Bank intends to announce such products or
services in your area. For information regarding the products and
services that may be available to you, please contact Blue
Healthcare Bank at
info@bluehealthcarebank.com
- Privacy and Security.
Blue Healthcare Bank utilizes commercially reasonable security
technologies to protect confidential and personal information in
accordance with applicable laws and established company security
standards and practices. For more information about Blue Healthcare
Bank’s privacy and security policies and practices, please visit our
Privacy Policy, the terms of which are hereby incorporated by
reference into these Terms of Use.
You are responsible for maintaining the confidentiality of any
information about you, including any account number, user
identifier, or other unique name or number identifying you (your
“User ID”) and any password used in connection with your use of the
Site. You are responsible for all access and any activity that
occurs through use of your User ID or password. You agree to:
(a) immediately notify Blue Healthcare Bank of any unauthorized use
of your User ID or password or any other breach of security; and (b)
ensure that you exit from your account at the end of each session.
Blue Healthcare Bank cannot and will not be liable for any loss or
damage arising from unauthorized use of your User ID or password.
- User Conduct
In connection with your access to and use of the Site and that of
any person authorized by you to access and use the Site, you are
responsible for compliance with all applicable laws, regulations,
and policies of all relevant jurisdictions. Recognizing the global
nature of the Internet, you agree to comply with all applicable
local rules regarding online conduct and acceptable content.
Specifically, among other things, you agree that while accessing or
using the Site you shall not:
- restrict or inhibit any other user from using or enjoying
the Site;
- represent yourself as another or as a fictitious individual;
- disrupt or interfere with the Site or its operation or
availability, or alter or tamper with any of the Materials;
- post or transmit any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening,
abusive, hateful, offensive, harassing, or otherwise
objectionable information of any kind, including, but not
limited to, any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local,
state, national, or foreign law;
- post or transmit any information that is invasive of
another’s privacy or publicity rights or that otherwise violates
or infringes in any way upon the rights of others;
- post or transmit any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or schemes,
or other unsolicited commercial communication, or engage in
spamming, flooding, or any denial of service attack;
- post or transmit any data or information out of the country
in which you reside in violation of applicable law;
- post or transmit any data or software that cannot be
exported without prior written government authorization,
including, but not limited to, software containing encryption
capability; and
- post or transmit any information or software that contains a
virus, trojan horse, worm, or other disabling device or harmful
component.
- Disclaimers.
Although Blue Healthcare Bank strives to make the Site and the
Materials reasonably helpful, useful, reliable, and current, you
understand and agree that your access to and use of the Site and the
Materials are at your own initiative and risk. Blue Healthcare Bank
does not make any promise, covenant, representation, warranty, or
guarantee that you or any other user of the Site will obtain any
particular or tangible result or goal through the use of the Site,
or obtain any other product or service in connection with use of the
Site. It is your responsibility to take appropriate precautions to
ensure that any Materials that you access, use, download, or
otherwise obtain on or through the Site and Blue Healthcare Bank
are: (a) up-to-date, accurate, complete, reliable, and suitable to
and appropriate for the purpose that you may desire to use them; and
(b) free of viruses and other disabling devices and destructive
routines.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,”
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLUE
HEALTHCARE BANK AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES
(COLLECTIVELY, “BHB”) DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. BHB DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS 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. BHB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT BHB) ASSUME THE ENTIRE COST OF ALL
SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY IN CONNECTION
WITH YOUR USE OF THIS SITE. ANY INFORMATION AND DESCRIPTIONS
CONTAINED IN THE SITE ARE PROVIDED FOR GENERAL INFORMATIONAL
PURPOSES AND ARE NOT NECESSARILY INTENDED TO BE COMPLETE
DESCRIPTIONS OF ALL TERMS AND CONDITIONS APPLICABLE TO ANY PRODUCTS
OR SERVICES YOU MAY RECEIVE FROM BHB; PLEASE REFER TO THE RELEVANT
PRODUCT OR SERVICES AGREEMENT IF YOU WISH TO FIND OUT MORE ABOUT
THEM.
- Limitation of Liability.
IN NO EVENT WILL BHB, ITS DIVISIONS, CONTRACTORS, SUPPLIERS,
CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE
FOREGOING (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF,
OR RELIANCE ON, THE SITE OR THE MATERIALS; (B) BLUE HEALTHCARE
BANK’S PERFORMANCE OF OR FAILURE TO PERFORM OBLIGATIONS IN
CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR
(D) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD
PARTIES.
UNDER NO CIRCUMSTANCES WILL ANY OF THE RELEASED PARITES BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND OR NATURE
WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR OTHERWISE (INCLUDING WITHOUT LIMIITATION DAMAGES
FOR LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO
PROPERTY, AND BUSINESS INTERRUPTION), ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS, THE USE OF OR THE INABILITY TO USE THE
SITE, OR ANY MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER BASIS, AND EVEN IF BLUE HEALTHCARE BANK HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH
JURISDICTIONS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
THE RELEASED PARTIES ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE
LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO,
USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY
SOFTWARE, MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS
SITE.
Without limiting any of the foregoing, if ANY OF THE RELEASED
PARTIES IS found liable to you or TO any third party AS A RESULT OF
any claims or OTHER matters arising under or in connection with
THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, SUCH RELEASED
PARTY’S maximum liability for all such CLAIMS AND OTHER matters will
not exceed $100 in any calendar year.
- Indemnity.
You agree to indemnify, defend, reimburse and hold the Released
Parties harmless from and against all claims, liabilities, damages,
losses, or expenses (including reasonable attorneys’ fees) arising
out of, based on, or in connection with: (a) your access to and use
of the Site or the Materials; (b) content, data, or information that
you submit, post to, or transmit through the Site; (c) your
violation of these Terms of Use; or (d) your violation of any rights
of any third party. BHB reserves, and you grant to BHB, the right to
assume the exclusive defense and control of any matter subject to
indemnification by you, and will cooperate with BHB in asserting any
available defenses. All rights and duties of indemnification that
are set forth herein will survive termination of these Terms of Use.
- International Use.
If you choose to access the Site from any location other than the
United States, you accept full responsibility for compliance with
the laws of the jurisdiction where the access occurs. Blue
Healthcare Bank makes no representation that the Materials are
appropriate or available for use in locations outside the United
States. You may not access or use the Site or any of the Materials
from any jurisdiction where such access or use is illegal.
- Choice of Law.
These Terms of Use will, for all domestic and international
purposes, be governed, interpreted, construed and enforced solely
and exclusively in accordance with the laws of the State of Utah,
without regard to its conflicts of law provisions. You expressly
agree that the exclusive jurisdiction for any claim or action
arising out of or relating to these Terms of Use or your use of the
Site will be filed only in the state or federal courts located in
Salt Lake County, State of Utah, and you further agree and submit to
the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
- Jurisdiction.
The offer to sell or buy a product is specifically limited to the
jurisdictions in which Blue Healthcare Bank has the authority to
make the offer and be bound. Some products and services may not be
available in all jurisdictions. Nothing in this Site should be
construed as rendering tax, legal, investment or accounting advice.
- Minors.
No “minor,” as determined by any applicable jurisdiction’s laws, may
use this website. Blue Healthcare Bank does not knowingly solicit
business or gather information from minors and requests that any
minor have their parent or a responsible adult contact us. If you
are a minor, please leave this site immediately.
- Ownership of Information.
Any information you transmit to Blue Healthcare Bank via this Site,
by electronic mail or otherwise, including any data, questions,
comments, or suggestions, becomes the property of Blue Healthcare
Bank. Unless stated otherwise in the Privacy Policy, all such
information will be treated as non-confidential and non-proprietary
and may be used for any purpose, including, but not limited to,
reproduction, solicitations, disclosure, transmission, publication,
broadcast, and posting. Blue Healthcare Bank is free to use any
ideas, concepts, know-how, or techniques contained in any
communication you send to Blue Healthcare Bank in connection with
this Site for any purpose whatsoever, including, but not limited to,
developing and marketing products using such information.
- Miscellaneous.
These Terms of Use constitute the entire agreement between Blue
Healthcare Bank and you with respect to the Site and supersede all
prior or contemporaneous communications and proposals with respect
to the Site. If any provision hereof is determined to be invalid or
unenforceable, all other provisions will remain in full force and
effect. Blue Healthcare Bank’s electronic or otherwise
properly-stored copy of these Terms of Use will be deemed to be the
true, complete, valid, authentic, and enforceable copy, and you
agree that you shall not contest the admissibility or enforceability
of Blue Healthcare Bank’s copy of these Terms of Use in connection
with any action or proceeding arising out of or relating to these
Terms of Use. Except as expressly provided for herein, these Terms
of Use do not confer any rights, remedies, or benefits upon any
person other than you and Blue Healthcare Bank. Blue Healthcare Bank
may assign its rights and duties under these Terms of Use at any
time to any third party without notice. You may not assign any
rights, remedies, or benefits conferred by these Terms of Use
without Blue Healthcare Bank’s prior written consent. Blue
Healthcare Bank’s waiver of any breach of these Terms of Use will
not be a waiver of any preceding or subsequent breach thereof.
Evidence of possible use of the Site for illegal purposes will be
provided to law enforcement authorities.
- Changes to These Terms of Use
Blue Healthcare Bank may update or amend these Terms of Use, the
Site, or the Materials at any time without prior notice to you, and
all such updates and amendments are effective immediately upon
posting on the Site. You should view these Terms of Use often to
stay informed of changes that may affect you. Your use of the Site
constitutes your continuing agreement to be bound by these Terms of
Use, as they may be amended from time to time. Blue Healthcare Bank
may change, suspend, or discontinue any aspect of the Site at any
time, including the availability of any Materials.
- Questions.
If you have any questions regarding the Terms of Use for this Site,
please contact Blue Healthcare Bank at
info@bluehealthcarebank.com.
- Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL
IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO
THESE TERMS OF USE AND THE MATTERS CONTEMPLATED HEREBY.
- Acknowledgement.
BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE
TERMS AND THE PRIVACY POLICY.
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