USI Affinity, Inc. ("USI"), has created this website at www.abainsurance.com (the "Website" or the "Site") on behalf of the American Bar Association (the "ABA") to provide information about the insurance protection available for ABA members and their families.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR REGISTERING WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR REGISTER TO PARTICIPATE IN OUR SERVICES.
- 1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) Participant's receipt of, and participation in, USI's services offered through the Website, including those set out in Section 2 (Our Services; Overview) (collectively, the "Services"); (iii) Participant's provision of information in connection with participating in our Services ("User Content"); and (iv) your use of information and tools accessible through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by USI or our licensors and made available to you through the Site or Services (collectively, the "USI Content"). Please read these Terms carefully because they impose legal obligations on you and on USI, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
- 2. Our Services; Overview. The Website is designed to provide an online platform for Participants to obtain information about the health insurance, life and disability insurance, travel insurance and student loan refinancing options that may be available to ABA members and their families. We may also provide the ability to obtain quotes for insurance coverage and tools to help you calculate suggested levels of insurance coverage.
- 3. Grant of Rights to Site Visitors and Participants. Site Visitors and Participants are granted the right to access our Website and the USI Content solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Site not made expressly accessible to you, or (ii) otherwise modify, copy, distribute or otherwise use the USI Content or Services available on the Website.
- 4. Ownership; Reservation of Rights. The information, tools, software, artwork, text, video, audio, pictures, trademarks, trade dress and other intellectual property embodied in the Site or Services or the USI Content, are the property of USI and our licensors, and are protected or protectable by U.S. and international copyright and other intellectual property laws, or are otherwise used under the principles of fair use. USI and our licensors retain all rights with respect to the Services and the USI Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify or create derivative works from the material presented through the software, the Website and/or through the Services unless specifically authorized in writing by USI.
- 5. Participant Grant of Rights.
- 5.1. Grant of Rights to USI in User Content. By submitting User Content for participation in our Services by inputting data into our tools, uploading files, or otherwise (if such features are available to you), you grant USI the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to USI's use of your User Content.
- 5.2. Participant Comments/Feedback. Our Website may allow Participants to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services, all without compensation or attribution to you.
- 5.3. Rights/Permissions You Must Have in Your Submitted Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us.
- 6. Code of Conduct. As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person's consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission or without a legitimate "fair use" justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam."
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking", "data harvesting" or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- 8. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, "Linked Sites"). USI has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. USI does not endorse the content of any Linked Site, nor does USI warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
- 9. User Disputes. You are solely responsible for your interaction, both online or offline, with the ABA, Fidelity Life and other insurance agents or providers we may partner with to provide the Website on behalf of the ABA or various Services and products (each, a "Partner Agency"). We have no obligation to become involved in any disputes between you and any Partner Agency. If you have a dispute with one or more third parties to whom you were connected through our Website, you release USI (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
- 10. Disclaimers.
- 10.1 No Referrals. The Website is an informational service, not a referral service. USI does not have and shall not have any obligation to examine, verify, endorse or otherwise approve any of the Partner Agencies who may use or advertise on the Website. You acknowledge that your participation in the Services is voluntary. USI makes no recommendations, guarantees, endorsements, referrals or warranties with regard to Partner Agencies for which USI may provide quotes or insurance rates through the Website or use of the Services, and USI shall have no liability with regard to same.
- 10.2 No Guarantee of Coverage or Rates. The content on the Website is provided for general informational purposes only and is not intended as, nor should it be considered a guarantee of coverage, premiums or rates. The availability of a quote or any tool for calculating coverage through the Website is not a guarantee of coverage or specific premiums or rates. If you have questions regarding your eligibility for coverage, premiums or rates, or any denial of coverage, you should contact USI or the relevant Partner Agency directly.
- 10.3 Warranty Disclaimer. USI DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. USI DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM USI SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
USI DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE USI WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
- 11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL USI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE USI WEBSITE, SERVICES, OR USI CONTENT.
- 12. Indemnity. You agree to defend, indemnify and hold USI and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
- 13. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
- 14. Assignment. These Terms shall not be assignable by you, either in whole or in part. USI reserves the right to assign its rights and obligations under these Terms.
- 16. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 10 (Disclaimers); (iii) Section 11 (Limitation of Liability); (iv) Section 12 (Indemnity); (v) Section 14 (Assignment); (vi) Section 15 (General); and (vii) Section 16 (Survival).
- 18. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:
321 N. Clark Street
Chicago, IL 60654
You may contact us, for any reason, by e-mail as follows:
COPYRIGHT AND LEGAL NOTICE.
Copyright ©2016 USI Affinity, Inc. All Rights Reserved.