It is important to us that you, and our other visitors, have a special experience while using the Services and that when you use the Services you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of the Services. Please read these Terms carefully before using the Services, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability).
- You Accept These Terms.
- Updates to Terms.
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.
- Legal Capacity.
This is a general audience site for adults. We will assume (and by using the Services you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
- No Solicitation or Offer.
The Site is designed to provide general information about Aflac, its products and services, and its related companies. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Any insurance product described on the Site 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.
- You Must Provide Accurate Information.
To access the Services or some of the resources it has to offer, you may be asked to provide registration and/or account details. It is a condition of use of the Services that all the details you provide be correct, current and complete. If we at Aflac believe the details are not correct, current, or complete, we have the right to refuse you access to the Services, or any of its resources and to terminate or suspend your account.
- Online Privacy Notice.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used by the Services. Click here to view our Privacy Notice, which forms part of these Terms.
- Disclaimer of Warranties.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES AND AFLAC, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFLAC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFLAC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AFLAC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND AFLAC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability.
AFLAC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) (“DAMAGES”) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF AFLAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WITHOUT LIMITATION, YOU (AND NOT AFLAC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGES ARISING THEREIN. SOME JURISDICTIONS DO NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF AFLAC’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
- Binding Arbitration of All Disputes; No Class Relief.
- U.S. Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to Aflac’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Aflac arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Georgia state or federal court with substantial experience in the insurance industry and shall follow Georgia substantive law in adjudicating the dispute, except that this Section 9(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 9(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Aflac. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Aflac shall pay the costs and fees of JAMS and the arbitrator. Aflac agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
- Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services or Terms, then you and we agree to send a written notice to the other providing a reasonable description of the Section 9(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 9(b). Your notice to us must be sent to us at firstname.lastname@example.org. For a period of sixty (60) days from the date of receipt of notice from the other party, Aflac and you will engage in a dialogue in order to attempt to resolve the Section 9(b) Dispute, though nothing will require either you or Aflac to resolve the Section 9(b) Dispute on terms which either you or Aflac, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
- Trademarks and Copyrights.
The Services, software and materials incorporated by Aflac for the Services (“Material”) are protected by copyrights, patents, trade secrets, license agreements or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Aflac for the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Aflac or others (“Trademarks”). Aflac respects the intellectual property rights of others and asks users of the Services to do the same.
- Permitted Uses.
Your right to make use of the Services and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content of Services for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, private and personal use only. The Material and all other content of the Services may not otherwise be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed, displayed, licensed or used in any way unless specifically authorized by Aflac. Any authorization to copy Material granted by Aflac in any part of the Services for any reason is restricted to making a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES OR OTHER FORUMS ON THE SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF AFLAC OR CONTENT PROVIDERS. AFLAC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF AFLAC. AFLAC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN AFLAC’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Aflac is interested in hearing from you regarding your questions or comments about our Services. However, Aflac does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Therefore, please do not send any unsolicited submissions to Aflac.
- Invited Submissions.
From time to time, Aflac may expressly request submissions of content from you, such as testimonials regarding your experiences with Aflac (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.
- Our Use of Content.
Aflac will consider anything you provide to Aflac and/or contribute to the Services as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Invited Submissions above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
- Claims of Infringement.
If you believe that any content appearing on this Site infringes your copyright rights, we at Aflac want to hear from you. Please access https://cdn.loc.gov/copyright/onlinesp/agents/a/aflac_inc.pdf for more information and forward the following in writing to the Copyright Agent:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Aflac seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
- Product Specifications; Pricing; Typographical Errors.
We do our best to describe every product or service offered through the services as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content of the Services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Aflac shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
- Seller; Risk of Loss.
Aflac is or may be the seller of various goods and services through the Services. All items purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
You agree to defend, indemnify and hold harmless Aflac, its affiliates and subsidiaries, and its officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, principals, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto Aflac's servers and/or from any and all use of the Services or your account.
- System Abuse.
Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Aflac reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on the Services. In addition, you are prohibited from removing any material inserted by Aflac anywhere on the Site (e.g., on any web space made available for your use).
- Passwords and Security.
Any usernames and passwords used for the Services are for individual use only. You shall be responsible for maintaining the security and confidentiality of your username and password (if any). Aflac shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Aflac considers insecure, Aflac will be entitled to require this to be changed and/or terminate your account.
Aflac reserves the right to investigate suspected violations of these Terms. Aflac may seek to gather information from the user who is suspected of violating these Terms and from any other user. If Aflac believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts, or take other corrective action it deems appropriate. Aflac will fully cooperate with any law enforcement authorities or court order requesting or directing Aflac to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS AFLAC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AFLAC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY AFLAC OR LAW ENFORCEMENT AUTHORITIES.
In order to use the Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).
- Reservation of Rights.
Aflac reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Site, with or without notice and/or to establish general guidelines and limitations on their use.
- Local Regulations.
Aflac makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
- Third-Party Sites.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Aflac, and you acknowledge that (whether or not such sites are affiliated in any way with Aflac) Aflac is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Aflac or any association with its operators.
- Proprietary Online Services.
Any area of the Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
- Jurisdictional Issues.
The Materials and all other content of the Services are presented for the purpose of providing information regarding insurance products or services available in the United States and certain U.S. territories.
- Choice of Law.
With the exception of Section 9 which will be construed in accordance with the FAA and Georgia law, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within Georgia. Except where prohibited by law, any claim or dispute that does not fall under Section 9, i.e., disputes pertaining to Aflac’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, shall be subject to the sole and exclusive jurisdiction of the federal and state courts in Muscogee County, Georgia, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.
- Notice for California Users.
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
- How to Contact Us.
The Services are controlled and operated by Aflac located at 1932 Wynnton Road, Columbus, GA 31999. Please forward any comments or complaints about the Services to email@example.com or you may contact us by phone at 800.992.3522.
- Underwriting Entities.
The following information is disclosed pursuant to various state insurance laws, including but not limited to those in California, Massachusetts and Missouri.
||NAIC Identification Number
||List of Jurisdictions Authorized to do Business
||State of Domicile
|American Family Life Assurance Company of Columbus
||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
|American Family Life Assurance Company of New York
||22 Corporate Woods Boulevard, Suite 2
New York, NY
|Licensed in Connecticut, Massachusetts, New Jersey, New York, North Dakota, and Vermont
||Post Office Box 84075
|Licensed in all U.S. states, except NY; also licensed in the District of Columbia
If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Aflac relating to the matters contained here and the Services.