Web Site Use Agreement

This Internet Website Use Agreement (the “Agreement”) is between you and Atlantic Benefits Company, Inc. with a principal place of business at 50 Main Street, Suite 1000, White Plains, NY  10606. Atlantic Benefits Company, Inc. owns this website and operates it under the Atlantic Benefits-owned names Atlantic Benefits Company, Inc. and Atlantic Benefits Agency, an insurance agency licensed in the State of New York.  Use of this website (the “Atlantic Benefits Website”) signifies your agreement to the terms and conditions of use set forth below in the Agreement.

1. You acknowledge that these terms and conditions of use govern your use of the Atlantic Benefits Website and that you accept the terms thereof and any subsequent changes. You agree to read these terms and conditions carefully before using this Website and to check back regularly for any revisions. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Atlantic Benefits Website.
2. By visiting the Atlantic Benefits Website, you expressly consent to the collection and use by Atlantic Benefits of personally identifiable information according to the terms of Atlantic Benefits’ Privacy Protection Policy.
3. Atlantic Benefits Company, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website and your continued use of the website after such notice of changes signifies your acceptance of the changes.
4. The Atlantic Benefits Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Atlantic Benefits Website are only for your personal, non-commercial use. All materials contained on the Atlantic Benefits Website are protected by copyright, and are owned or controlled by Atlantic Benefits Company, Inc. or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Atlantic Benefits Website. You may download and make copies of the Content and other downloadable items displayed on this Atlantic Benefits Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Atlantic Benefits Company, Inc. or the copyright holder identified in the individual Content’s copyright notice.
5. Atlantic Benefits Company, Inc. may change, suspend or discontinue any aspect of the Atlantic Benefits Website at any time, including the availability of any Atlantic Benefits Website feature, database, or Content. Atlantic Benefits Company, Inc. may also impose limits on certain features and services or restrict your access to parts or all of the Atlantic Benefits Website without notice or liability.
6. You represent, warrant and covenant that:

   You shall not upload, post or transmit to or distribute or otherwise publish through the Atlantic Benefits Website any materials which

   1. restrict or inhibit any other user from using and enjoying the Atlantic Benefits Website,
   2. are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
   3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
   4. violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
   5. contain a virus or other harmful component,
   6. contain any information, software or other material of a commercial nature,
   7. contain advertising of any kind, or
   8. constitute or contain false or misleading indications of origin or statements of fact; and that you are at least eighteen (18) years old.
7. You hereby agree to indemnify, defend and hold Atlantic Benefits Company, Inc., and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Atlantic Benefits Company, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Atlantic Benefits Company, Inc.
8. The Atlantic Benefits Website contains links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the Atlantic Benefits Website. Links to and from Atlantic Benefits Website to other third party sites, maintained by third parties, do not constitute an endorsement by Atlantic Benefits Company, Inc. or any of its subsidiaries or affiliates of any third-party resources, or their contents. Atlantic Benefits Company, Inc. disclaims any and all responsibility for content contained in any third-party materials provided through links from the Atlantic Benefits Website.
9. Atlantic Benefits Company, Inc. will use reasonable efforts to maintain the accuracy or reliability of any statement or other information displayed or distributed through the Atlantic Benefits Website. The information supplied on this website about our products is informational only. You acknowledge that any reliance upon any such statement or information shall be at your sole risk. Atlantic Benefits Company, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Atlantic Benefits Website. Coverage is controlled by the policy purchased, and the particular facts of each situation. To obtain coverage you must submit an application to Atlantic Benefits Agency. All applications are subject to underwriting approval.
10. The Atlantic Benefits Company, Inc. Website, including all content, software, functions, materials and information made available on or accessed through the Atlantic Benefits Website, is provided “as-is.” To the fullest extent permissible by law, The Atlantic Benefits Company, Inc. makes no representation or warranties of any kind whatsoever for the content on the Atlantic Benefits Website, or the materials, representations or functions made accessible by the software used on or accessed through the Atlantic Benefits Website, for any products, services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Atlantic Benefits Website or any linked site.  Further, Atlantic Benefits Company, Inc. and its subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, non-infringement, merchantability or fitness for a particular purpose.  Atlantic Benefits Company, Inc. does not warrant that the functions contained on the Atlantic Benefits Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Atlantic Benefits Website or the server that makes it available if free of viruses or other harmful components.  Atlantic Benefits Company, Inc., and it subsidiaries and affiliates shall not be liable for the use of the Atlantic Benefits Website including, without limitation, the content and any errors contained therein.
11. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Atlantic Benefits Website, you hereby grant to Atlantic Benefits Company, Inc. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Atlantic Benefits Company, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
12. This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate State or Federal court located in the State of New York.
13. Any cause of action you may have with respect to your use of the Atlantic Benefits Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Compensation Disclosure

The following disclosure is provided pursuant to Insurance Department Regulation No. 194 (11 NYCRR 30.1 et seq.):

Atlantic Benefits Agency is an insurance producer licensed by the State of New York. Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers. The role of the producer in any particular transaction typically involves one or more of these activities.

Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the insurer(s) and insurance contract(s) the purchaser selects, compensation will be paid by the insurer(s) selling the insurance contract or by another third party. Such compensation may vary depending on a number of factors, including the insurance contract(s) and the insurer(s) the purchaser selects. In some cases, other factors such as the volume of business a producer provides to an insurer or the profitability of insurance contracts a producer provides to an insurer also may affect compensation.

The insurance purchaser may obtain information about compensation expected to be received by the producer based in whole or in part on the sale of insurance to the purchaser, and (if applicable) compensation expected to be received based in whole or in part on any alternative quotes presented to the purchaser by the producer, by requesting such information from the producer.

If you have any questions related to compensation we are receiving, please contact your Atlantic Benefits Agency representative.