Effective Date: September 1, 2017
It is important to us that you, and our other visitors, have a special experience while using the Services and that when you use the Services you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of the Services. Please read these Terms carefully before using the Services, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability).
Each time you access and/or use the Services, you agree to be bound by these Terms and any additional terms that will apply to you.
These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.
You represent that you have the legal capacity to enter into the agreement set out in these Terms.
Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
The information you submit to the Services must be correct. We can refuse access to the Services if we learn that information you have provided is inaccurate.
We disclaim warranties and provide the Services "As Is."
Our liability is limited.
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
These Services are protected by copyrights, patents, trade secrets, or other proprietary rights.
We only grant you a limited revocable license to use the Services for your own non-commercial use subject to rules and limitations.
We do not accept unsolicited ideas through your submissions and will not pay for them.
From time to time, we may invite you to submit content to the Services. We will not pay for invited submissions.
The Aflac Entities will consider anything you provide to us as free of any obligations to you.
We do not warrant that product specifications, pricing, or other content on the Services are error-free. In the event of any errors relating to the pricing or specifications, the Aflac Entities reserve the right to cancel orders.
The risk of loss shifts to you once we deliver any items you purchase to the carrier.
You will indemnify and hold the Aflac Entities harmless for your breach of these Terms.
You may not abuse the system.
The Aflac Entities reserve the right to investigate suspected violations of these Terms.
In order to use the Site, you must obtain access to the World Wide Web and pay any related fees to access the Internet. We are not responsible for your access to the Site.
The Aflac Entities may modify or discontinue the Services at any time.
The Aflac Entities make no representation that the Services are available for use outside of the United States.
We are not responsible for third-parties or their content, advertisements, apps, or sites.
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such service.
The Services are designed to provide information regarding products in the United States.
Georgia law will apply to these Terms.
California users of the Services are entitled to a consumer rights notice.
The Aflac Entities own and operate the Services. You can contact us at email@example.com.
Pursuant to state insurance laws, the following is disclosed:
If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
This is a general audience site for adults. We will assume (and by using the Services you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
The Site is designed to provide general information about the Aflac Entities, their products and services, and their related companies. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states or countries..
To access the Services or some of the resources it has to offer, you may be asked to provide certain information. It is a condition of use of the Services that all the details you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Services, or any of its resources and to terminate or suspend your account. If you make any purchases, you represent that you and we (including our service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES AND THE AFLAC ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE AFLAC ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AFLAC ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE AFLAC ENTITIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE AFLAC ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE AFLAC ENTITIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ("DAMAGES") RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE AFLAC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WITHOUT LIMITATION, YOU (AND NOT THE AFLAC ENTITIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGES ARISING THEREIN. SOME JURISDICTIONS DO NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF THE AFLAC ENTITIES' NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
The Services, software and materials incorporated by the Aflac Entities for the Services ("Material") are protected by copyrights, patents, trade secrets, license agreements or other proprietary rights ("Copyrights). Some of the characters, logos, or other images incorporated by the Aflac Entities for the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by the Aflac Entities or others ("Trademarks"). The Aflac Entities respect the intellectual property rights of others and asks users of the Services to do the same.
Your right to make use of the Services and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content of Services for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, private and personal use only. The Material and all other content of the Services may not otherwise be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed, displayed, licensed or used in any way unless specifically authorized by the Aflac Entities. Any authorization to copy Material granted by the Aflac Entities in any part of the Services for any reason is restricted to making a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
The Aflac Entities are interested in hearing from you regarding your questions or comments about our Services. However, the Aflac Entities do not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Therefore, please do not send any unsolicited submissions to the Aflac Entities.
From time to time, the Aflac Entities may expressly request submissions of content from you, such as testimonials regarding your experiences with the Aflac Entities ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.
The Aflac Entities will consider anything you provide to the Aflac Entities and/or contribute to the Services as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Invited Submissions above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
We do our best to describe every product or service offered through the services as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content of the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, the Aflac Entities shall have the right to refuse or cancel any orders in their sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
The Aflac Entities are or may be the seller of various goods and services through the Services. All items purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
You agree to defend, indemnify and hold harmless the Aflac Entities, each of their respective affiliates and subsidiaries, and each of their officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, principals, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from any and all use of the Services or your account.
Without limitation, you agree not to send, create, or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Aflac Entities reserve the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on the Services. In addition, you are prohibited from removing any material inserted by the Aflac Entities anywhere on the Site (e.g., on any web space made available for your use).
The Aflac Entities reserve the right to investigate suspected violations of these Terms. The Aflac Entities may seek to gather information from the user who is suspected of violating these Terms and from any other user. If the Aflac Entities believe, in any of their sole discretion, that a violation of these Terms has occurred, we may terminate accounts, or take other corrective action we deem appropriate. The Aflac Entities will fully cooperate with any law enforcement authorities or court order requesting or directing the Aflac Entities to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE AFLAC ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE AFLAC ENTITIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE AFLAC ENTITIES OR LAW ENFORCEMENT AUTHORITIES.
In order to use the Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).
The Aflac Entities reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Site, with or without notice and/or to establish general guidelines and limitations on their use.
The Aflac Entities make no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of the Aflac Entities, and you acknowledge that (whether or not such sites are affiliated in any way with the Aflac Entities) the Aflac Entities are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Aflac Entities or any association with their operators.
Any area of the Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
The Materials and all other content of the Services are presented for the purpose of providing information regarding insurance products or services available in the United States and certain U.S. territories.
With the exception of Section 9 which will be construed in accordance with the FAA and Georgia law, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within Georgia. Except where prohibited by law, any claim or dispute that does not fall under Section 9, i.e., disputes pertaining to the Aflac Entities' intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, shall be subject to the sole and exclusive jurisdiction of the federal and state courts in Muscogee County, Georgia, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
The Services are controlled and operated by the Aflac Entities located at 1932 Wynnton Road, Columbus, GA 31999. Please forward any comments or complaints about the Services to firstname.lastname@example.org or you may contact us by phone at 800.992.3522.
The following information is disclosed pursuant to various state insurance laws, including but not limited to those in California, Massachusetts and Missouri.
|Insurance Company||NAIC Identification Number||Principal Address||List of Jurisdictions Authorized to do Business||State of Domicile|
|American Family Life Assurance Company of Columbus||60380||1932 Wynnton Road
|Licensed in all U.S. states, except NY; also licensed in American Samoa, District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands||Nebraska|
|American Family Life Assurance Company of New York||60526||22 Corporate Woods Boulevard, Suite 2
New York, NY
|Licensed in Connecticut, Massachusetts, New Jersey, New York, North Dakota, and Vermont||New York|
|Continental American Insurance Company||71730||Post Office Box 84075
|Licensed in all U.S. states, except NY; also licensed in the District of Columbia||South Carolina|
If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and the Aflac Entities relating to the matters contained here and the Services. The failure of the Aflac Entities to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Aflac Entities, shall not be deemed a breach of these Terms. If the Aflac Entities fail to act with respect to your breach of these Terms, or anyone else's breach of these Terms on any occasion, the Aflac Entities are not waiving their right to act with respect to future or similar breaches.
* Continental American Insurance Company (CAIC), a proud member of the Aflac group of insurers, is a wholly-owned subsidiary of Aflac Incorporated and underwrites group coverage. CAIC is not licensed to solicit business in New York, Guam, Puerto Rico, or the Virgin Islands. For groups sitused in California, coverage is underwritten by CAIC. For groups sitused in New York, coverage is underwritten by American Family Life Assurance Company of New York.