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:
1. restrict or inhibit any other user from using or enjoying the Site;
2. represent yourself as another or as a fictitious individual;
3. disrupt or interfere with the Site or its operation or availability, or alter or tamper with any of the Materials;
4. 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;
5. 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;
6. 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;
7. post or transmit any data or information out of the country in which you reside in violation of applicable law;
8. 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
9. 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.