TERMS AND CONDITIONS OF USE
AMA INSURANCE AGENCY, INC. WEBSITES
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.
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.
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.
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.
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.
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.
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:firstname.lastname@example.org. 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