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Consumer Terms
Agent Terms
CONSUMER TERMS
All Information ("Content") provided by Insurance Administrative Solutions, LLC (IAS), Lumico Life Insurance Company ("Lumico"), and Elips Life Insurance Company ("ELIC") on the World Wide Web of the Internet ("their websites") is owned by or licensed to IAS, Lumico, ELIC and/or their affiliates (collectively "Lumico"). By accessing and using any of the Lumico websites you represent that you are 16 years or older and understand that through such access and usage you are legally bound by these Terms and Conditions.
Lumico retains all proprietary rights to Lumico information. All unauthorized use of the information (including email addresses) contained on these sites is strictly prohibited without prior written permission from Lumico.
Lumico does, however, authorize you to copy documents published on our sites for noncommercial, personal use. In consideration of this authorization, you agree that any copy of these documents that you make shall retain all copyright and other proprietary notices contained herein.
Each individual document published by Lumico on our websites may contain other proprietary notices and copyright information relating to that individual document. Likewise, any product, process, or technology, contained in individual documents on our websites may be the subject of other intellectual property rights reserved by Lumico, and may not be licensed hereunder.
All trade names, trademarks, service marks, images and logos on Lumico owned websites are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any unauthorized use of Lumico owned marks or graphics is strictly prohibited.
You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify any Lumico owned website or content. Likewise, you may not, nor may you allow others to, directly, or indirectly, collect or attempt to collect any information about our customers, including passwords, account or other data.
Users may through hypertext or other computer links gain access to other sites on the Internet which are not part of Lumico's websites. Lumico assumes no responsibility for any material outside of Lumico's websites that may be accessed through any such "link."
Disclaimer
The material on our sites is provided as is. This means that Lumico disclaims all express and implied warranties about the material in the sites. This includes, but is not limited to, warranties that: (1) the material is of any particular level of quality or is fit for a particular purpose; (2) the functional elements contained in the materials will be uninterrupted or error-free; (3) defects will be corrected; (4) our sites, or the servers that make them available, are free of computer viruses or other harmful components or conditions; or (5) information contained in the sites is accurate as of any particular date.
Lumico will not be responsible for any damages or injuries that accompany or result from your use of its sites. These include (but are not limited to) damages or injury caused by any: (1) Use of (or inability to use) the sites; (2) Use of (or inability to use) any site to which you hyperlink to from our sites; (3) Failure of performance; (4) Error; (5) Omission; (6) Interruption; (7) Defect; (8) Delay in operation or transmission; (9) Computer virus; or (10) Line failure. We are not liable for any consequential or incidental damages, which are damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury, or other miscellaneous damages and expenses resulting directly from a loss or injury. Furthermore, we are not liable even if we have been negligent, or if our authorized representative has been advised of the possibility of such damages, or both.
However, in certain states where the law may not allow us to limit or exclude liability for these incidental or consequential damages, the above limitation may not apply and you may have the right to recover these types of damages, in any event, our liability to you for all losses, damages, injuries and claims of any kind, whether the damages are claimed under the terms of a contract, or they are claimed to be caused by negligence or other wrongful conduct or any other legal theory, will not be greater than the amount you have paid to access our sites.
By providing material on our website, Lumico does not in any way promise that the materials will remain available to you or that you will qualify for the products we offer. Lumico is entitled to terminate all or part of any of its websites at any time, without notice to you.
Jurisdiction
Unless otherwise specified, the materials in our site are presented to provide information about Lumico, our insurance products and the insurance business. Lumico operates and controls its site from the Company's home office in Armonk, NY, in the United States of America, and New York law shall govern and control any action concerning the Lumico sites. We do not in any way imply that the materials on the sites or the products we discuss are available or for use outside of the United States, or in jurisdictions in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction.
Miscellaneous
These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of New York, without giving effect to New York's conflict of laws principles.
If any provision of this agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions.
Lumico may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting or the information on its websites and without notice to you.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
If you have any questions or comments regarding our Terms and Conditions please contact: Lumico Life Insurance Company, P.O. Box 83303, Lincoln, NE 68501-3303.
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AGENT TERMS
To register for our gateway, you must first read and agree to the following terms.
In consideration of the promises and covenants contained herein, Lumico and the User agree as follows:
1. Access to Computer System
Subject to the provisions of this paragraph, Lumico shall allow agents to have User-controlled access to their websites, to access information related to policyholders covered under a Policy/Certificate. Such information may include:
Policyholder eligibility
Policy/Certificate benefits
Policyholder claim status
Agent balances and commissions information
For purposes of this Agreement, Policy/Certificate means any Policy/Certificate administered Lumico. User's access to Lumico's computer systems shall be limited to Policies/Certificates designated by Lumico.
2. Confidentiality and Proprietary Information
User understands and acknowledges that any and all of Lumico's information, data, or documentation accessed by User is considered confidential and/or proprietary (hereinafter referred to as "Confidential Information"). Lumico's Confidential Information includes, but is not limited to, information from programs, applications, database files, as well as any other data, documentation, literature and material on its computer system.
User shall at all times preserve the confidentiality of all Confidential Information and/or the proprietary system and shall not at any time, in manner or form, directly or indirectly, copy, disclose, duplicate, download, license, sell, reveal, divulge, transfer, publish or communicate, in whole or in part, any such Confidential Information and/or the proprietary system to any third party, except as provided below.
User agrees that they will only disclose the Confidential Information as required by the Policy/Certificate or as required by law.
User will require any person (i.e., employee of the User) that is permitted by User to access Protected Health Information maintained by Lumico, to provide reasonable assurance that such person will comply with the privacy and security safeguard obligations of User and Lumico with respect to Protected Health Information maintained by Lumico.
3. Requirement of Users
User agrees that all information, data, or documentation which he or she has access to under the terms of this Agreement is Confidential and/or Proprietary. The User agrees to be held accountable for maintaining the confidentiality of such information and that the duty of non-disclosure of confidential information extends both within and outside of the User's organization.
User agrees to be accountable for restricting access of Confidential Information to his or her officers, directors, and employees requiring access to the information based on business need.
User agrees that anyone who accesses Lumico's computer information through User's computer system shall not share or disclose Lumico designated User passwords.
4. Limited Use
User agrees that they shall use the Confidential Information only to perform activities, as described in Paragraph 1, with respect to policyholders covered under a Policy/Certificate and that they shall not, under any circumstances, use the Confidential Information to perform any other services other than those designated in this Agreement.
5. Prohibition Against Third-Party Access
User agrees that they will not act as an electronic "hub" or "switch," allowing any other third parties to access, via Internet or any other method, Lumico's information systems through User's access path, as authorized under this Agreement, without prior written consent of Lumico.
6. Verification of Benefits
User understands and acknowledges that any verification of benefits through Lumico's information systems does not represent a guarantee of payment of such benefits. Benefits are subject to the terms and conditions of the Policy/Certificate.
7. Indemnification
User will access the Confidential Information from Lumico, and in accessing this information obtained Lumico, User agrees to indemnify and hold harmless Lumico for damages, lawsuits, judgments, expenses, and attorneys' fees incurred by Lumico:
As a direct result of negligence, gross negligence, bad faith, dishonesty or criminal conduct on the part of User, their employees, officers, or directors in the use of the aforementioned Confidential Information;
As a result of User releasing the Confidential Information to any third-party, or as a result of the User providing access of the information to an individual who does not have an important business need.
8. Applicable Law
This Agreement shall be interpreted consistently with all applicable federal and state privacy laws. In the event of conflict between applicable laws, the more stringent law shall be applied. This Agreement and all disputes arising from or relating in any way to the subject matter of this Agreement shall be governed by and construed in accordance with Florida law, exclusive of conflicts of law principles. THE EXCLUSIVE JURISDICTION FOR ANY LEGAL PROCEEDING REGARDING THIS AGREEMENT SHALL BE IN THE COURTS OF THE STATE OF NEW YORK AND THE PARTIES HEREBY EXPRESSLY SUBMIT TO SUCH JURISDICTION.
9. Complete Agreement
This Agreement constitutes a final written expression of all terms of the Agreement between Lumico and the User, and is a complete and exclusive statement of those terms and no representations, statements, or other Agreements, oral or written, made prior to the execution of this Agreement shall be valid. No addition to or modification of any provision of this Agreement will be binding upon Lumico or upon the User unless made in writing and signed by duly authorized representatives of Lumico and of User, respectively. The User expressly acknowledges their understanding that this Agreement constitutes a Policy solely between the User and Lumico. The User further acknowledges and agrees that they have not entered into this Agreement based upon representations by any other person other than Lumico, and that no person, entity, or organization other than Lumico shall be held accountable or liable to the User for any of Lumico's obligations to the User created under this Agreement. This paragraph shall not create any additional obligations whatsoever on the part of Lumico other than those obligations created under other provisions of this Agreement.
10. Termination
Either party may terminate this Agreement, with or without cause, upon written notice. If this Agreement terminates, User agrees that the terms, rights, duties and conditions contained in Paragraph 2 and Paragraph 7 shall survive the termination of this Agreement. The parties also agree Lumico may terminate this Agreement immediately without notice, in the event User violates the terms of this Agreement.
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