USAGE AGREEMENT

TERMS OF USE BETWEEN USER AND BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA FOR GOHIKENC.COM

Initial notice

Thank you for visiting gohikenc.com, a site owned and operated by Blue Cross and Blue Shield of North Carolina (“Blue Cross NC”). Please read carefully the following legal agreement before using gohikenc.com. By using gohikenc.com, you signify your assent to these terms of use. If you do not agree to these terms of use, you will not have the access to use gohikenc.com. Blue Cross NC reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of gohikenc.com following any such changes shall constitute the User’s acceptance of such changes.

Permitted use

You (“you”, “your” or the “User”) have a nonexclusive, nontransferable, limited and revocable right to use gohikenc.com solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. User will not use gohikenc.com for any other purpose, including any commercial purpose, without Blue Cross NC’s express prior written consent. User agrees to cooperate with Blue Cross NC in causing any unauthorized use to immediately cease.

List of restrictions

Neither gohikenc.com nor any element thereof, including, without limitation, text, graphics, images or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed. However, you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification or obfuscation. You may not modify or prepare derivative works based upon the website, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the website. It is a condition of your use of gohikenc.com that you do not restrict or inhibit any other user from using gohikenc.com.

Reservation of rights

All rights, titles and interests in and to gohikenc.com are owned by Blue Cross NC and/or the Blue Cross and Blue Shield Association. All trademarks, service marks and trade names are also proprietary to Blue Cross NC and/or the Blue Cross and Blue Shield Association. Blue Cross NC is an independent licensee of the Blue Cross and Blue Shield Association. None of the items mentioned herein may be used without the express written consent of Blue Cross NC. All rights are reserved by Blue Cross NC. For more information about use of Blue Cross NC, its logo and other related information, please review the brand guidelines.

WARNING

Hiking is a physical activity taking place in nature, which presents certain inherent risks to individuals and personal property. Participants should be in good health and in proper condition to participate in a hike.

WARRANTY DISCLAIMER

gohikenc.com AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Blue Cross NC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUITABILITY OF THE CONTENT CONTAINED ON gohikenc.com. Blue Cross NC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Blue Cross NC DOES NOT WARRANT THAT gohikenc.com WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT gohikenc.com OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. Blue Cross NC MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON gohikenc.com IS CURRENT, UP-TO-DATE OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIABILITY LIMITATION

UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL Blue Cross NC OR ANY OF ITS RELATED OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Blue Cross NC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USER. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF GOHIKENC.COM. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GOHIKENC.COM.

Links to third parties’ Web sites

Gohikenc.com provides links and pointers to Internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on this site. Neither Blue Cross NC nor its related, affiliated companies operate or control in any respect any information, products or services on these third party sites. The third party materials in this site and the third party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Blue Cross NC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. Blue Cross NC does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Contracted third-party vendors

Blue Cross NC contracts with a third-party vendor to host gohikenc.com. Blue Cross NC offers gohikenc.com as a convenience to aid you in improving your health; results are not guaranteed. Blue Cross NC reserves the right to discontinue or change any of the Apps, projects or features associated with gohikenc.com at any time. Decisions regarding your care should be made with the advice of your doctor.

General terms and conditions

This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained on gohikenc.com; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement shall be deemed to have been made in the State of North Carolina, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of North Carolina, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Orange, North Carolina, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the North Carolina courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Blue Cross NC as a result of this Agreement or use of gohikenc.com. User agrees not to hold himself or herself out as a representative, agent or employee of Blue Cross NC and Blue Cross NC shall not be liable for any representation, act or omission of the User.

Blue Cross NC’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Blue Cross NC’s right to comply with law enforcement requests or requirements relating to the User’s use of gohikenc.com or information provided to or gathered by Blue Cross NC with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and Blue Cross NC with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Blue Cross NC with respect to gohikenc.com. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

USERS SHOULD ALWAYS CONSULT THEIR HEALTH CARE PROVIDER REGARDING QUESTIONS ABOUT THEIR HEALTH

Indemnification

As a condition of use of gohikenc.com, the User agrees to indemnify Blue Cross NC, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees) and damages arising out of legal claims resulting from User’s use of gohikenc.com, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.