Terms and Conditions Governing Access and Use

Your access to and use of BlueCross BlueShield of Vermont’s (“Biller”) Payment Portal (this “Payment Portal”) is subject to the following terms and conditions (these “Terms and Conditions”) and all applicable laws:

1. Access and use of this Payment Portal is made available to you by Biller and M&T Bank (“Bank”).

2. “You”, “Your” and words of similar import used in these Terms and Conditions refer to both the person or entity accessing Payment Portal and making a payment to the Biller and any employee or other representative of that person or entity who accesses the Payment Portal on behalf, and in the name, of that person or entity.

3. Access to this Payment Portal is provided over the internet through a computer and/or other devices or equipment authorized or allowed for use. Access requires the use of a unique account authentication or login name together with a password or other security code or a combination of any of these (collectively, the "Login Codes") as required by Biller and Bank.

4. All use of this Payment Portal by you after your identity has been validated by means of your Login Codes will be deemed by Biller and Bank to be authorized and you agree that any instructions or other communications submitted to the Payment Portal under your Login Codes will be given the same legal effect as written and signed paper instructions, communications and/or authorizations. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

5. All information on this Payment Portal, unless otherwise designated, is copyrighted and may not be used except as provided in these Terms and Conditions or as otherwise permitted in text posted on this Payment Portal without the written permission of Biller or Bank. Bank neither warrants nor represents that your use of materials displayed on this Payment Portal will not infringe rights of third parties not owned by or affiliated with Bank.

6. While Biller and Bank make every reasonable attempt to include accurate and up-to-date information in this Payment Portal, neither Biller nor Bank make any warranties or representations as to its accuracy. Bank assumes no liability or responsibility for any errors or omissions in the content of this Payment Portal. Any questions on the content of this Payment Portal should be directed to Biller.

7. Any communication or material you transmit using this Payment Portal by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. There shall be no obligation on the part of Biller with respect to use or disclosure of any information in such communication. Biller shall have the unrestricted right to copy, use and distribute any information you communicate including but not limited to any ideas, concepts, know-how, techniques, software, documentation, diagrams, schematics, or blueprints. Additionally, Biller may use all such information in any manner or for any purpose including but not limited to developing and manufacturing products or providing services.

8. Your use and browsing of this Payment Portal are at your own risk. In addition to any limitations of Biller’s liability set out any other agreement with Biller, neither Biller, nor any other party involved in creating, producing, or delivering this Payment Portal is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Payment Portal. Without limiting the foregoing, everything on this Payment Portal is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Biller also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Payment Portal or arising from you downloading of any materials, data, text, images, video, or audio from this Payment Portal.

9. You agree that Biller may collect information about your use of this Payment Portal, system and application software in connection with offering and operating this Payment Portal and to enhance your experience when using this Payment Portal. To read our privacy statement, visit the privacy policy link located on this Payment Portal.

10. Biller reserves the right to block access to this Payment Portal if Biller, Bank or any of their respective agents have reason to believe you are misusing this Payment Portal or otherwise not complying with these Terms and Conditions, or have reason to suspect the computer or other device you are using to access this Payment Portal has been infected with malicious software or a virus.

11. The trademarks, service marks, and logos (collectively the “Trademarks”) displayed on this Payment Portal are registered and common law Trademarks of Biller, Bank and others. Nothing contained on this Payment Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Payment Portal without the written permission of Biller, Bank or such other third party that may own the Trademarks displayed on this Payment Portal. Your use of the Trademarks displayed on this Payment Portal, or any other content on this Payment Portal, is strictly prohibited.

12. Authorization is hereby provided to you to copy documents such as invoices and statements published by Biller and Bank on this Payment Portal provided such copies are used solely for their intended purpose. This authorization is specifically conditioned upon including all legends, copyright, proprietary and other notices that appear herein on all copies you make of such documents whether they pertain to Biller, Bank or another party.

13. Biller has not reviewed any or all of the sites linked to this Payment Portal and is not responsible for the content of any off-site pages or any other sites linked to this Payment Portal. Your linking to any pages of this Payment Portal, off-site pages or other sites is at your own risk and without the permission of Biller.

14. You agree not to use this Payment Portal or the content or information delivered through this Payment Portal in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of this Payment Portal to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Biller or its service provider(s) or cause Biller to lose the services of its service providers; (d) access the information and content contained on this Payment Portal programmatically by macro or other automated means; or (e) use this Payment Portal in such a manner as to gain unauthorized entry or access to computer systems.

15. You agree to defend, indemnify and hold harmless Biller, its third-party service providers such as Bank and their officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Payment Portal, your violation of these Terms and Conditions or your infringement, or infringement by any other user of this Payment Portal, of any intellectual property or other right of anyone.

16. Software and other materials from this Payment Portal may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Payment Portal may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Biller does not authorize the downloading or exportation of any software or technical data from this Payment Portal to any jurisdiction prohibited by the United States Export Laws.

17. For assistance with use of this Payment Portal, contact Biller through information displayed on the “Contact Us” link on this Payment Portal.

18. You acknowledge that email notifications will be delivered to the email address that you enter in the Payment Portal. Biller and Bank shall not be responsible for any undelivered emails.

19. You affirm that any payment information (e.g. bank account, credit or debit card numbers) entered in this Payment Portal to make payment is accurate and that you are authorized to initiate debits from all accounts you designated as settlement accounts.

20. If SMS (i.e. text) messaging is available and you choose to utilize text messaging functionality, your wireless or other SMS service provider may levy standard text messaging fees.

These Terms and Conditions may be revised at any time by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the most current Terms and Conditions.