Terms and Conditions of Use
Last updated January 8, 2021.
These Terms and Conditions of Use ("Terms") are a legal and binding agreement between you and Wellmark, Inc., doing business as Wellmark Blue Cross and Blue Shield of Iowa; Wellmark of South Dakota, Inc., doing business as Wellmark Blue Cross Blue Shield of South Dakota; Wellmark Health Plan of Iowa, Inc.; Wellmark Synergy Health, Inc.; Wellmark Value Health Plan, Inc.; Wellmark, Inc. Employee Health Care Plan; Wellmark, Inc. Retiree Health and Life Plan; and Wellmark, Inc. Employee Assistance Program (collectively referred to herein as "Wellmark", "we", "us", or "our") governing your access to and use of the website and developer portal located at https://welcome.wellmark.com/Authentication/Login.aspx (the "Site"), all application programming interfaces, content, features, functionality, and offers made available through or in connection with the Site (the "Online Services").
Please read these terms carefully. By accessing and using the developer portal site and online services, you acknowledge that you agree to be bound by these terms. If you do not agree to these terms, then you should not visit the site or use the online services. If you use our Online Services on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms; and by accepting these Terms, you are doing so on behalf of that company or other entity (and all references to "you" in these Terms refer to that entity).
- Security Attestation.
In order to access our Online Services, you must provide information regarding your security and data protection practices. Further, you may have an opportunity to make an attestation as to your compliance with certain best practices or minimum standards as described further in the attestation (the "Security Attestation"). By using our Online Services, you acknowledge and agree that if you decline to provide a Security Attestation, we may in our sole discretion notify individuals of your failure to provide the Security Attestation and warn such individuals regarding the potential risks of providing you with access to their personal information.
- Security Authentication.
Security Information you provide in connection with the Site will be stored on secure server(s) and protected by advanced encryption techniques. These security measures are intended to keep this important information so that it may only be used by you; however, this security is partly contingent upon your responsible behavior in protecting your personal ID and password for the Site. Please use maximum caution in protecting your personal ID and password. In addition to your personal ID and password, you will be required to register and use a multi-factor mechanism to ensure your identity. Registration for the multi-factor authentication (MFA) will require verification of your email address. Once verified you will receive a time sensitive, one-time password (OTP) for each successful authenticated session. You may at your discretion, configure the receiving of the OTP with an alternate mechanism (e.g. phone call, text message, etc.) after successfully authenticating with your OTP.
- Authorized Third Party Access.
Authorized third party or Designated Security Contact (DSC) Access allows you to provide a third party with access to eligible account(s) without sharing your Log-in Credentials. You may add one or more User(s)to each eligible account(s) and assign a role to each User. The User will use separate Log-in Credentials to access the account you specify in accordance with the role you assign. Depending on the role assigned to the User, some [Digital Services] described in this Agreement may be disabled or have reduced functionality. You are solely responsible for managing the level of access you provide to a User and we are not responsible for any losses you or others may incur if your User exceeds his or her authority or if you fail to revoke access granted to a User when your relationship to the third party ends. You agree to indemnify us and hold us harmless for any loss or damage you or others incur because of the actions of your User.
- Security Attestation.
We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the "Last updated" heading at the top of these Terms. Your continued access to and/or use of the Site and Online Services after any such modifications constitute your acceptance of the Terms as modified. If any modification to these Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms.
Wellmark hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Online Services. You shall not, in any way, otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site or Online Services.
Except as restricted by applicable law, Wellmark may at any time, for any reason, and without notice: (a) modify, suspend, or terminate operation of or access (including for any individual or number of individuals) to the Online Services, or (b) change, revise, or modify the Online Services.
- Ownership and Intellectual Property Rights
The Site, Online Services, and all Wellmark software, systems, technology, and know-how ("Wellmark Technology") are owned by or licensed to Wellmark and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Online Services are owned by or licensed to Wellmark (collectively, the "Marks"). You agree that Wellmark and its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Site, Online Services, Marks, and Wellmark Technology (collectively, the "Wellmark Intellectual Property"), and that no interest therein is transferred to you.
Through our Online Services, you may be able to access health information or records belonging to individuals ("Health Data"). You represent and warrant that your access to this information is lawful and done pursuant a valid request by the individual to whom the health information or record belongs.
Nothing herein shall confer any grant or license of any Wellmark Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Wellmark Intellectual Property.
- Restrictions on Use
You shall not:
- reproduce, distribute, or publicly display the Site or Online Services;
- adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, Online Services, or any Wellmark Technology or Wellmark Intellectual Property;
- prepare derivative works based on the Site, Online Services, or any Wellmark Technology;
- remove, obscure, or modify any copyright, trademark or other proprietary rights notices, Marks or labels contained on or within the Site, Online Services, or any Wellmark Technology;
- frame, mirror, or in-line link the Site or Online Services, or incorporate into another website, application, or other service any Wellmark Intellectual Property;
- use the Site, Online Services, or the Wellmark Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- post, transmit, submit, or include any viruses, code, or programming routines intended to damage the Site or Online Services;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of Wellmark, its licensors, or any other person or entity related to the Site, Online Service.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Online Services, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law.
Any unauthorized use automatically terminates the license granted to you hereunder, except to the extent such termination would violate applicable laws or regulations.
- Service Descriptions
Descriptions, documentation, and protocols of our developer portal service (the "Descriptions") are subject to change without notice. Wellmark does not warrant that Descriptions are accurate, complete, reliable, current, or error-free. If you have any questions the service, please contact us for more information.
- Disclaimer of Warranties
The site and online services are provided "as is". Except to the extent prohibited by applicable law, Wellmark disclaims all implied warranties with respect to the site and online services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. Wellmark shall not be held responsible for (a) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (b) any unauthorized access to, use of, or alteration of, or deletion, destruction, damage, or loss of, any data, images, text, or other information or content. Wellmark may discontinue any aspect of the site, or the nature, features, functions, scope, or operation of the site at any time. Without limiting the foregoing, Wellmark does not guarantee that the online services will meet your requirements, or will be error-free, uninterrupted, or free of viruses or other harmful components, or that any defects will be corrected.
- Limitation of Liability
In no event shall Wellmark, its business partners and licensors, and its and their officers, directors, employees, agents, or providers be liable to you or to any third party for any indirect, special, incidental, consequential, punitive, or exemplary damages, arising out of or in connection with the site or online services or these terms, however caused, regardless of the theory of liability, even if Wellmark has been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless Wellmark and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees and costs) arising from your breach of these Terms or your access to or use of information made available through the developer portal, including without limitation any health information or records provided to you in any manner whatsoever.
- Electronic Communications
When you visit or use the Site or Online Services, including by providing any Submissions, or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.
The Site and our emails may contain links to other third-party websites and social media pages ("Linked Sites"). These Terms only apply to the Site and do not apply to any Linked Sites. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.
- Governing Law/Jurisdiction/Claim Limitation
These Terms shall be governed by, and construed and enforced in accordance with, the laws of the state of Iowa without regard to conflict of law principles. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
All claims and disputes either arising out of or relating to these Terms and the transactions contemplated hereby are to be settled by final and binding arbitration to be held in Polk County, Iowa. This agreement to arbitrate is broad and includes disputes of any type between you and Wellmark arising out of or relating to these Terms or the transactions contemplated hereby. Except for matters relating to arbitrability or to the scope and enforceability of the arbitration provision, all issues shall be for the arbitrator to decide.
The arbitration shall be conducted on a confidential basis pursuant to the Consumer Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees.By entering into this arbitration agreement, you hereby agree that you are waiving the right to a trial by jury or the right to litigate in court. You further agree that you are waiving the right to participate in a class action or to seek remedies beyond the extent necessary to provide individualized relief to, and affecting, you alone in an arbitration proceeding. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general, or on behalf of the general public, whether in arbitration or otherwise.
- Violation of these Terms and Remedies
Except as prohibited by applicable law, Wellmark may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and Online Services if we determine that you have violated these Terms or applicable law. You agree that any violation, or threatened violation, by you of these Terms may cause irreparable harm to Wellmark, and therefore you agree that Wellmark shall be entitled to injunctive or equitable relief.
- General Provisions
If, for any reason, a court of competent jurisdiction or arbitration proceeding determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect. Wellmark's failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Wellmark hereof will be deemed effective unless in writing. Wellmark shall not be liable for any delays or failure in performance of any part of the Online Services, from any cause beyond Wellmark's reasonable control. Such causes include, but are not limited to, acts of God, changes in law, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, pandemics, and acts of hackers or third-party service providers.
These Terms constitute the entire agreement between Wellmark and you with respect to your use of the Site and the Online Services and supersede all previous written or oral agreements relating to the subject matter hereof.
- Contact Us
If you have any questions or concerns about the Site or Online Services, please contact us at Customer Service .