Verification of Benefits Portal Terms of Use
Terms of Use
TERMS AND CONDITIONS OF USE
AMA INSURANCE AGENCY, INC. WEBSITES
By accessing or using any of the Internet properties of AMA Insurance Agency, Inc. ("AMA Insurance") including, without limitation, www.amainsure.com, and any others released by AMA Insurance from time to time (collectively referred to as the "AMA Insurance websites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use"). You may also accept these Terms of Use during the registration process or login process, which contain the express acknowledgement that you have read and agree to these Terms of Use.
Please read these Terms of Use carefully as well as AMA Insurance's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of the AMA Insurance websites.
You may print or save a copy of these Terms of Use for your records.
1.License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the AMA Insurance websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the AMA Insurance websites and the AMA Insurance Content (as defined below) for your noncommercial personal use and for no other purpose. AMA Insurance reserves the right to bar, restrict or suspend any user's access to the AMA Insurance websites, and/or to terminate this license at any time for any reason. AMA Insurance reserves any rights not explicitly granted in these Terms of Use.
2.License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive AMA Insurance's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the AMA Insurance websites, any AMA Insurance Content (as defined below), or any portion thereof. Further, you may not (i) use the AMA Insurance websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the AMA Insurance websites, including AMA Insurance Content; (ii) interfere with the proper working of the AMA Insurance websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the AMA Insurance websites.
3.Your Acceptance; Revisions to Terms of Use. The AMA Insurance websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and AMA Insurance regarding your use and access to the AMA Insurance websites. By using the AMA Insurance websites you agree to the Terms of Use.You may also accept these Terms of Use during the registration process or login process, which contain the express acknowledgement that you have read and agree to these Terms of Use.
AMA Insurance reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the AMA Insurance websites. Your use of the AMA Insurance websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the AMA Insurance websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which AMA Insurance had actual notice on or before the date of any such revision.
4.AMA Insurance Policies; Additional Terms and Conditions. AMA Insurance's Privacy Policy , as well as other additional terms and conditions applicable to certain portions of the AMA Insurance websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
5.Click-Through Agreements. Before using certain areas of the AMA Insurance websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
6.Personal Login Information. Certain features and areas of the AMA Insurance websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. AMA Insurance is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact AMA Insurance immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
7.Privacy Policy. For information about AMA Insurance's data protection practices and AMA Insurance's use and protection of your personal information, please read AMA Insurance's Privacy Policy which is incorporated into and made a part of these Terms of Use.
8.User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the AMA Insurance websites and not interfere with the use and enjoyment of the AMA Insurance websites by other users or with AMA Insurance's operation and management of the AMA Insurance websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the AMA Insurance websites, including, without limitation, information required to be provided through an AMA Insurance registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, AMA Insurance reserves the right to terminate your access and use of the AMA Insurance websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the AMA Insurance websites, or defame or otherwise harm any party, including AMA Insurance, through your use of the AMA Insurance websites.
9.User-Generated Content. AMA Insurance does not claim ownership of content that you post on or through the AMA Insurance websites, such as comments or posts that you submit on forums, blogs, or other websites ("User-Generated Content"). When submitting User-Generated Content, you will abide by theCode of Conductwhich is incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to AMA Insurance a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to AMA Insurance's Privacy Policy.
10.Proprietary Rights. The content of the AMA Insurance websites includes, without limitation, (i) AMA Insurance's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively the "AMA Insurance Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the AMA Insurance websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as the "AMA Insurance Content"). The AMA Insurance Content is the property of AMA Insurance, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any AMA Insurance Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from AMA Insurance or the owner of such content if AMA Insurance is not the owner. Any use of the AMA Insurance Marks without AMA Insurance's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the AMA Insurance Content, including any such notices appearing on any AMA Insurance Content you are permitted to download, transmit, display, print, or reproduce from the AMA Insurance websites.
11.Responsibility for Use of the Internet and the AMA Insurance Websites. Use of the Internet and the AMA Insurance websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. AMA Insurance does not guarantee the confidentiality or security of any communication or other material transmitted to or from the AMA Insurance websites over the Internet or other communication network. AMA Insurance shall not be obligated to correct or update the AMA Insurance websites, the AMA Insurance Content or the User-Generated Content and AMA Insurance shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the AMA Insurance websites.
12.Professional Advisory Disclaimer. The AMA Insurance Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician. Further, the AMA Insurance Content is not intended as financial advice or as a substitute for obtaining financial advice from a qualified financial advisor. Therefore, you should not rely solely upon this AMA Insurance Content in making any financial decision, including any decision to buy a product from AMA Insurance or any other company. The AMA Insurance Content is not an offer to sell or a solicitation of an offer to buy any security, service, or product. The AMA Insurance websites are not intended to provide legal or tax advice. Please consult your legal or tax professional for specific information.
13.Patient Information. The AMA Insurance websites, including any public forums which you may access via the AMA Insurance websites, may contain confidential patient information ("Patient Information"). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
14.Third Party Information. The AMA Insurance websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the AMA Insurance websites are those of the respective third party and not of AMA Insurance or its affiliates. AMA Insurance makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
15.Advertisers. The AMA Insurance websites may contain advertisements of third parties. The inclusion of advertisements on the AMA Insurance websites does not imply endorsement of the advertised products or services by AMA Insurance. AMA Insurance shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the AMA Insurance websites. Further, AMA Insurance shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the AMA Insurance websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
16.Links to Third Party Websites. The AMA Insurance websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which AMA Insurance exercises no control. The appearance of any such third party links (provided by AMA Insurance or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the AMA Insurance websites, you do so entirely at your own risk.
17.Links to AMA Insurance websites and AMA Insurance Content. Links posted by third parties to the AMA Insurance websites and/or AMA Insurance Content may not use the AMA Insurance Marks and shall not suggest that AMA Insurance promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the AMA Insurance websites shall be the responsibility of the linking party. AMA Insurance reserves the right to require any linking party to disable or remove any link that violates AMA Insurance's rights or causes interruption or deterioration of AMA Insurance Content.
18.Warranties Disclaimed. THE AMA INSURANCE WEBSITES AND AMA INSURANCE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER AMA INSURANCE, ITS AFFILIATES (INCLUDING THE AMERICAN MEDICAL ASSOCIATION), SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY, THE "AMA INSURANCE PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE AMA INSURANCE WEBSITES OR AMA INSURANCE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE AMA INSURANCE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AMA INSURANCE WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) AMA INSURANCE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE AMA INSURANCE WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
19.Limitation of Liability. THE AMA INSURANCE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE AMA INSURANCE WEBSITES AND/OR ANY AMA INSURANCE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE AMA INSURANCE WEBSITES AND/OR AMA INSURANCE CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE AMA INSURANCE WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AMA INSURANCE WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AMA INSURANCE WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE AMA INSURANCE WEBSITES ARISING OUT OF CAUSES BEYOND AMA INSURANCE'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE AMA INSURANCE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE AMA INSURANCE WEBSITES; (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE AMA INSURANCE WEBSITES OR AMA INSURANCE CONTENT.
In the event you are dissatisfied with, or dispute, these Terms of Use, the AMA Insurance websites and/or the AMA Insurance Content, your sole right and exclusive remedy is to terminate your use of the AMA Insurance websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that AMA Insurance has no other obligation, liability or responsibility to you or any other party.
20.Exclusions Permitted by Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AMA INSURANCE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21.Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the AMA Insurance Parties from and against all claims arising from or in any way related to your use of the AMA Insurance websites and/or AMA Insurance Content, a violation by you of these Terms of Use, or any other actions connected with your use of the AMA Insurance websites and/or AMA Insurance Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. AMA Insurance will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the AMA Insurance Parties other than under this Section.
22.Term. These Terms of Use will take effect at the time you begin using the AMA Insurance websites. AMA Insurance reserves the right, with or without notice, at any time and for any reason to deny you access to the AMA Insurance websites or to any portion thereof. You may at any time cease to use the AMA Insurance website, but all applicable provisions of these Terms of Use will continue to apply.
23.Arbitration; Venue. Any controversy or claim ("Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. AMA Insurance reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
24.Governing Law. These Terms of Use and all matters regarding your use of the AMA Insurance websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
25.Waiver and Severability. The failure of AMA Insurance to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
26.Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and AMA Insurance relating to the AMA Insurance websites and its use by you, and supersedes any previous written or oral communication regarding use of the AMA Insurance websites. The AMA Insurance websites are intended to be consistent with and in furtherance of the AMA's policies adopted by the AMA Insurance House of Delegates.
27.Contact Information. If you have any questions or concerns regarding these Terms of Use or the AMA Insurance websites, please visit our "Contact Us" page.
28.Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the AMA Insurance websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
29.Use of AMA Insurance websites and AMA Insurance Content outside of the United States. AMA Insurance makes no claims regarding access or use of the AMA Insurance websites or the AMA Insurance Content outside of the United States. If you use or access the AMA Insurance websites or the AMA Insurance Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
30.DMCA Notification Requirements. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c), if you believe in good faith that a copyrighted work has been reproduced on this website without authorization in a way that constitutes copyright infringement, you may send a notice to: AMA Insurance Agency, Inc., 330 N. Wabash Avenue, Suite 39300, Chicago, Illinois 60611-5885; Attention, Office of General Counsel, Telephone: 1-888-627-5883; Fax: 1-877-588-7488, E-mail:dmca_claims@amainsure.com. Your notice must contain, at a minimum, (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single AMA Insurance website are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AMA Insurance to locate the material; (iv) information reasonably sufficient to permit AMA Insurance to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Revised Nov. 2, 2015