TERMS OF USE

DISCLAIMER

Information contained in or accessed from this A.G.I.A., Inc. and/or its affiliates website is provided on an “as is” basis. A.G.I.A., Inc. does not warrant the accuracy or completeness of this information, and expressly disclaims liability for errors or omissions in this information. No warranties of any kind are given in connection with this information, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or freedom from computer virus. In no event will A.G.I.A., Inc. be liable for any direct or indirect, special, incidental, consequential or punitive damages, losses (including lost profits), or expenses arising out of or in connection with use of its website, any failure of performance, interruption, delay in operation or transmission, computer virus, loss of data or otherwise, even if A.G.I.A., Inc. has been advised of the possibility of such damages, losses or expenses.

PRODUCT INFORMATION

All information contained in this A.G.I.A., Inc. website, including product and carrier information, policy premiums, terms and product fees, is for informational purposes only and is subject to change at any time without prior notice. Your eligibility for particular products or services is subject to final determination and acceptance by the underwriting company. Complete product information, including terms and conditions of coverage, is provided at the time of application.

DEFINITIONS

The following defined terms are used in these Terms and Conditions:

“Payee” means the merchant or other entity to which you authorize a bill payment to be directed.

“Payee Account” means the billing account with the merchant or other entity to which you authorize a bill payment to be directed. It may be represented by an account number, policy number, access number or code, or other number used by the merchant to identify your account.

“Payment Instruction” means your instruction and authorization to make a bill payment to a Payee.

“Payment Account” means the bank account that you authorize A.G.I.A., Inc. and/or its affiliates to debit by electronic funds transfer when you make your bill payment using account information from your personal checking or savings account.

“Payment Card” means the credit card or debit card that you instruct A.G.I.A., Inc. and/or its affiliates to charge to pay your bill payment.

“Business Day” means Monday through Friday, excluding Federal Reserve holidays.

BILL PAYMENT SERVICE

When you initiate a Payment instruction, you authorize A.G.I.A., Inc. and/or its affiliates to charge your payment card or debit your payment account and remit funds to the Payee. If we are unable to obtain funds for a bill payment for any reason associated with your Payment Card or Payment Account (for example, there is not a sufficient balance available on your Payment Card or in your Payment Account to cover the transaction), then we will not be able to complete your bill payment transaction. If there is a problem in processing your Payment Instruction, A.G.I.A., Inc. and/or its affiliates may attempt to contact you, using the telephone number you have provided to A.G.I.A., Inc. and/or its affiliates.

If A.G.I.A., Inc. and/or its affiliates makes a bill payment to your Payee Account but is unable to obtain funds for that payment from your Payment Card or Payment Account, you agree that your bill payment to your Payee Account will be reversed.

You agree that from time to time the Payment services contemplated under this Agreement may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which may be undertaken from time to time; or (iii) causes beyond A.G.I.A., Inc. and/or its affiliates control or which are not reasonably foreseeable to A.G.I.A., Inc. and/or its affiliates.

OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

A.G.I.A., Inc. and/or its affiliates will use commercially reasonable efforts to process your bill payments in accordance with your Payment Instructions. However, A.G.I.A., Inc. and/or its affiliates shall incur no liability if a bill payment is not made in a timely manner or if it is unable to complete any payments initiated by you through the A.G.I.A., Inc. and/or its affiliates Bill Payment Service because of the existence of any one or more of the following circumstances:

• Sufficient funds are not available through your Payment Account or your Payment Card;
• Failure of any Payee to account correctly for or credit the payment in a timely manner, or otherwise mishandle or delay the payment;
• The A.G.I.A., Inc. and/or its affiliates Bill Payment Service is not working properly and you know or have been advised by A.G.I.A., Inc. and/or its affiliates about the malfunction before you execute the transaction;
• You do not provide A.G.I.A., Inc. and/or its affiliates with all required information to complete the bill payment, such as your correct name, telephone number, or your complete and correct Payee account information; or
• Circumstances over which A.G.I.A., Inc. and/or its affiliates has no control including, but not limited to large-scale technical malfunctions, including, but not limited to loss of access to the Internet or loss of access to the Federal Reserve System, prolonged outages of phone lines, electricity or similar infrastructure, acts of God, war, riot, civil disobedience or similar events of insurrection, governmental or court orders, regulatory or legislative changes by any local, state or federal governmental agency, strikes, work stoppages, or other similar occurrences or circumstances.

LIMITATION OF LIABILITY AND YOUR EXCLUSIVE REMEDY

In the absence of any of the exclusions set forth above, it shall be A.G.I.A., Inc. and/or its affiliates responsibility to correct any transactions not completed in accordance with your Payment Instructions. In the event that A.G.I.A., Inc. and/or its affiliates is unable to correct the transaction, we shall refund the amount of funds received from you and this refund shall constitute your sole remedy. In no event shall A.G.I.A., Inc. and/or its affiliates liability to you ever exceed the amount of funds that we receive from your Payment Account or Payment Card for a bill payment. The foregoing shall constitute A.G.I.A., Inc. and/or its affiliates entire liability and your exclusive remedy. The use of this payment service is at your sole risk. In no event shall A.G.I.A., Inc. and/or its affiliates be liable for any other loss, injury, or damages, whether direct, indirect, special, incidental, consequential, or exemplary, including lost profits (even if advised of the possibility thereof) arising in any way out of your use of the bill payment service. Except as otherwise explicitly set forth herein, we specifically disclaim and you understand that we make no warranties or representations of any kind, expressed or implied and the same are hereby excluded from these terms and conditions and all transactions contemplated hereby. Some states prohibit the exclusion or limitation of incidental or consequential damages, thus this limitation of liability may not apply to you.

USER AUTHENTICATION AND SECURITY

A.G.I.A., Inc. and/or its affiliates Bill Payment Service has been designed in compliance with the Payment Card Industry (PCI) data security standards so that no one can access your Payment Account without proper user authentication. If you use this site, you are responsible for maintaining the confidentiality of your personal information, including your Payment Account number, and for restricting access to your computer, and you agree to accept responsibility for all activities you initiate or that you authorize to be initiated or that are authorized utilizing your payment account or from your computer. You are solely responsible for all bill payments you authorize using Bill Payment Service. If you permit other persons to use your Bill Payment Service or your bill payment authentication responses or other means to initiate a Payment Instruction on your behalf, you are solely responsible for any transactions they authorize.

If you believe that your authentication information or other personal information have been lost or stolen or that someone may attempt to use your Bill Payment Service without your consent, you must notify A.G.I.A., Inc. at once by calling (800) 424-5181 during normal customer service hours.

CHARGES

Transaction charges, if any, for using the Bill Payment Service may vary depending upon the Payee and permissible charges allowed in a particular state. These charges will be disclosed to you prior to your Payment Instruction. By submitting your Payment Instruction, you agree to pay these transaction charges. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize A.G.I.A., Inc. and/or its affiliates to charge your designated Payment Card or debit your Payment Account for these amounts and any additional charges that may be incurred by you. You are responsible for any and all fees and charges that you may incur.

GOVERNING LAW

These Terms and Conditions shall be governed by the laws of the state of California without regard to that state’s conflicts of laws provisions and by applicable Federal laws and regulations.

WAIVERS

No delay or omission by us in exercising any rights or remedies under these Terms and Conditions will impair such right or remedy or be construed as a waiver of any such right or remedy. If we exercise any right or remedy, in whole or in part, that exercise will not prevent us from any further or future exercise of such right or remedy or any other right or remedy. No waiver will be valid unless in writing signed by us.

DISCLOSURES & CONSENT TO ELECTRONIC TRANSACTIONS / ELECTRONIC SIGNATURE

1. By entering this website and agreeing to be bound by this Agreement, you are providing your affirmative consent to the use of an electronic signature to authenticate the insurance transaction in electronic form. You understand and agree that the insurance company will rely on your electronic signature to process and effect insurance transactions.
2. You acknowledge that you understand that you are not obligated to enter into transactions electronically and that you have a right to conduct insurance transactions in paper format if you wish. By entering this website and agreeing to be bound by this Agreement, you affirmatively consent to conduct transactions in electronic form. If you wish to conduct insurance transactions in paper form, please contact your association/policyholder or its representatives. There is no charge to you for requesting a paper transaction.
3. When you have successfully entered your enrollment information and have selected “I Accept” on the website confirmation page, you will be given the opportunity to print a paper copy of your insurance elections free of charge. Please print a paper copy of your insurance elections for your records because if you will not be able to access your enrollment information on the Site after your enrollment. If you wish to confirm or make changes to your coverage or beneficiary elections after your enrollment, you must contact the A.G.I.A., Inc. and/or its affiliates Endorsed Insurance Program Office of Administration. You understand and agree that requests for change submitted to Carrier or the Site will not be valid or take legal effect after the end of your enrollment.
4. Once you have given consent for an electronic transaction, you may withdraw your consent only if Carrier has not taken action in reliance on your consent. To update your contact information or to withdraw your consent to an electronic transaction, you may contact your Administrator by calling (800) 424-5181. There is no fee charged for such requests. However, your withdrawal of consent shall not diminish the legal effectiveness or enforcement of any transaction agreed to prior to your withdrawal of consent. If you withdraw consent after your enrollment, your insurance will remain effective until your request for cancellation is received by the group policyholder or its representative.
5. You agree that your electronic signature authorizes The Underwriting Carrier(s) or its authorized representatives:
   1. to process this insurance transaction at your request and any future transactions that may be needed to administer and help keep in force your coverage under the insurance policy. For example, we will rely on your electronic signature to authorize us to process your request for insurance coverage(s) and beneficiary designation(s) made during your enrollment.
   2. to process, as applicable:
      1. a billing transaction, including but not limited to: processing a payment by credit card using the credit card number you have provided; processing an electronic bank draft using the checking account number you have provided; or sending you a billing statement at the address you have provided; or
      2. a billing transaction with your financial institution to deduct the appropriate amount from your account.
   3. to communicate with you by mail, telephone or electronically by sending to you communications including, but not limited to, any and all types of electronic communication by email, fax, mail and telephone.
6. After you enroll, you understand and agree that you will not have access to your electronic enrollment record. You may print a confirmation of your enrollment election at the time of enrollment, or you may contact your Administrator for confirmation after your enrollment period ends.

USER REPRESENTATION

You represent and warrant to A.G.I.A., Inc. and/or its affiliates that: (a) you over the age of eighteen (18) and have the power and authority to enter into an perform your obligations under this Agreement; (b) all information provided by you to A.G.I.A., Inc. and/or its affiliates is truthful, accurate and complete; (c) you are the authorized signatory of the credit or charge card provided to pay fees contemplated herein; (d) you shall comply with all of the terms and conditions of this Agreement; and (e) you have provided and will continue to provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number.

ADDITIONAL TERMS AND CONDITIONS

A.G.I.A., Inc. and/or its affiliates provide information and services on this website, and all layouts, materials, designs, and images on this website are copyrighted or proprietary to A.G.I.A., Inc., its affiliated companies and/or third party service providers. As a condition of your use of this website and the services, you agree that you will not use the contents of this website in any other website or in a network computer environment. All uses of this website apart from educational, informational and enrollment purposes are strictly prohibited.

In addition, as a further condition of your use of this website and the services, you agree that you will not use the website or services to infringe the intellectual property rights of A.G.I.A., Inc. and/or its affiliates in any way; use the website or services to modify or manipulate the website or services or any of A.G.I.A., Inc. and/or its affiliates hardware or software to invade the privacy of, or obtain private information concerning any enrollee or applicant of Carrier, or to erase or damage any information contained on the computer or the information of any user connected to this website or the services, or to reveal any portion of this website or the services. Furthermore, you agree that you will not use the website or services to introduce viruses, worms, Trojan horses or other malicious, destructive or harmful codes or programs, and you agree that you will take every precaution not to introduce these harmful codes into the website and services.

You agree that the materials and services on this website are provided “as is” and for informational purposes only. You understand that neither Carrier nor A.G.I.A., Inc. and/or its affiliates makes any representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. The information contained on this website was believed to be accurate at the time it was placed on the website. Carrier and A.G.I.A., Inc. and/or its affiliates periodically update the information on the website, but disclaim any responsibility to do so. Therefore, you understand and agree that Carrier and A.G.I.A., Inc. and/or its affiliates take no responsibility for the timeliness, accuracy or applicability of the information at the time it may be accessed and that Carrier and A.G.I.A., Inc. and/or its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability of fitness for a particular purpose or of non-infringement of other’s rights.

You understand and agree that neither Carrier nor A.G.I.A., Inc. and/or its affiliates is engaged in rendering legal, tax, insurance benefits or any other advice through this website or services. Your insurance needs are highly individual, and Carrier and A.G.I.A., Inc. and/or its affiliates do not represent themselves as giving financial advice or advice on your individual insurance needs through this website and services. You understand and agree that you should consult your own attorney and financial advisor(s) for advice in these areas.

You understand and agree that the information on Carrier’s insurance products as described in this website is not complete and does not change or affect the insurance policies as actually issued. Although you have been provided with a description of benefits, you understand that only the insurance policy issued to the policyholder (your association) can fully describe all of the provisions, terms, conditions, limitations and exclusions of your insurance coverage. In the event of any difference between the information on the website and services, the benefit highlights, and the insurance policy, the terms of the insurance policy apply.

You understand and agree that insurance will not be valid or in force with respect to you or your dependents if any such person is not eligible in accordance with the terms of the group policy issued to your association/policyholder. You acknowledge and agree that if group participation requirements are not met, the insurance policy will not be issued and the elected coverage(s) will not be in force.

You understand that this website and the Payment services contemplated hereunder may be performed by third-party vendors.

If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent permissible and the other provisions will remain fully effective and enforceable.

If you choose not to accept these Terms of Service, you will not be enrolled. You acknowledge that you have read the A.G.I.A., Inc. and/or its affiliates Privacy Policy on the A.G.I.A., Inc. and/or its affiliates website.

RATE INFORMATION

Rates quoted online represent the best available rate based on age, gender, state of residence, preliminary health questions and a number of other personal indicators. The rates shown are sample rate quotes, not offers of insurance, and may not be available to all persons, based on the underwriting company’s eligibility requirements. The rates shown are subject to change without notice at any time.

REVISIONS

We reserve the right to change or supplement this Terms of Service Agreement at any time by posting the changes on this website. By using this website, you accept the terms and conditions of this Terms of Service Agreement and you agree to review this Terms of Service Agreement from time to time to stay informed of changes that may occur. This Terms of Service Agreement also applies to personal information that we maintain on former customers.