EFFECTIVE DATE: 10/1/07
The web sites which are located at the domain name aflac.com and aflacny.com (the "Web Sites") are operated by Aflac, Inc. and the Aflac group of insurance companies ("Aflac," "we," "our" or "us"). The Aflac group of insurance companies include American Family Life Assurance Company of Columbus and its wholly owned subsidiary, American Family Life Assurance Company of New York (hereinafter "Aflac"). Aflac is the brand name for products underwritten and issued by American Family Life Assurance Company of Columbus and American Family Life Assurance Company of New York. While Aflac, Inc. has non-insurance subsidiaries including Communicorp, Inc., the Aflac companies are separate legal entities. As such, none of the individual companies are responsible for the financial condition or contractual obligations of the other Aflac companies, except as may be expressly provided in a written contract between such entities.
No Solicitation or Offer
The Web Sites are designed to provide general information about Aflac, its products and services, and its related companies. Information on the Web Sites is not intended to constitute an offer to sell or a solicitation of any particular product or service. Any insurance product described on the Web Sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult your agent and your policy or contract. Some products and/or services may not be available in all states or countries.
Ownership and License
You may not remove, obscure, or otherwise deface proprietary notices appearing on the Web Sites, or any content or Information. Any unauthorized use of the Web Sites or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Restrictions on Use
Trademarks / Third Party Content
Aflac may display and distribute content and Information supplied by third parties on the Web Sites. Aflac does not guarantee the accuracy, completeness or usefulness of, or endorse, any content or Information of any third party. Any opinions, advice, statement, services, offers or other content or Information expressed or made available by third parties, including, without limitation, information providers or any other user of the Web Sites, are those of the respective author(s) or distributor, and not Aflac. All trademarks, service marks, trade names, logos, trade dress, icons and domain names located on the Web Sites are the property of Aflac, its affiliates, their respective licensors or other third parties. Nothing contained on the Web Sites should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the Web Sites, without the written permission of Aflac or the applicable third party that may own the marks or names displayed on the Web Sites. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the Web Sites, or any other content or Information on the Web Sites, except as provided herein, is strictly prohibited.
Passwords and Security
Certain aspects of the Web Sites may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the Web Sites (such as while establishing an account or purchasing products), you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.
Disclaimer of Warranties
AFLAC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. ALL INFORMATION AND USE OF THE WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AFLAC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFLAC DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE AN AFLAC PRODUCT FROM AFLAC OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AFLAC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AFLAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AFLAC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.
We do not accept or consider creative suggestions, ideas or other materials other than those Aflac has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Aflac. None of the Submissions shall be subject to any obligation of confidentiality on the part of Aflac or its affiliates, and neither Aflac nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Aflac shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.
Changes to Web Sites
Aflac shall have the right at any time to change or discontinue any aspect or feature of the Web Sites, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Web Sites or any portion of the Web Sites.
Any software that is made available to download from the Web Sites ("Software") is owned or licensed by Aflac and/or its affiliates or suppliers and is subject to United States and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the "License Agreement"). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction is expressly prohibited. The Software is warranted, if at all, only in accordance with the terms of the License Agreement. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT FOR THAT SOFTWARE, AFLAC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. You acknowledge that any Software available or provided to you on the Web Sites may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States or re-export such Software outside the United States in violation of United States export laws and regulations. Aflac does not authorize the downloading or exportation of any software or technical data from the Web Sites to any jurisdiction prohibited by the United States export control laws and regulations.
Choice of Law and Forum
The following information is disclosed pursuant to various state insurance laws, including but not limited to those of California, Massachusetts and Missouri.
|Insurance Company||NAIC Identification Number||Principal Address and Telephone||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|