Terms and Conditions
These Terms and Conditions (“Terms”) contain important information
about your legal rights and agreement with Aioi Nissay Dowa Insurance Services
USA Corporation, including its affiliates, agents, service providers, subsidiaries,
parents and/or related entities (collectively, “AIS”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE AIS WEBSITE
(“SITE”). ACCESSING OR USING THE SITE CONSTITUTES YOUR BINDING AGREEMENT
TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE THE
SITE.
You may not access this Site if you are our direct competitor,
except with our prior written consent. In addition, you may not access this
Site for purposes of monitoring its availability, performance or functionality,
or for any other benchmarking or competitive purposes. These terms were last
updated on December 19, 2019.
1. Definitions.
“Service” means this Site and any and all content, software, data, information
and materials contained in it and transactions completed through it and/or
resulting from your use of this Site. “Third Party Content” means certain third
party analysis, content, tools, features, materials, websites, services or
advertisements which AIS makes available on or through this Service, or to
which AIS links on any Site. “Users” means individuals who are authorized by
you to use the Service, and have been supplied user identifications and
passwords by you (or by us at your request). Users may include but are not
limited to your employees, consultants, contractors and other agents.
2. Service Terms.
2.1 Insurance is Not Bound or Provided
No insurance is bound or provided through the use of this Site. A quote for the
cost of insurance is not the same as having insurance. If you receive a quote
for insurance , you must take additional steps in order to actually secure
insurance coverage. AIS does not provide insurance or reinsurance broking, risk
consulting, claims or other services or provide any benefit to the extent that
the provision of such services or benefit would violate applicable law or
expose AIS or its affiliates to any sanction, prohibition or restriction under
UN Security Council Resolutions or under other trade or economic sanctions,
laws or regulations.
2.2 Licensure
AIS is a licensed insurance agency in all states and the District of Columbia. AIS
is a Delaware-domiciled corporation with its principal place of business in
California. In California, AIS operates under the name Aioi Nissay Dowa
Insurance Services USA Corporation and license number 0M70532. The issuance of
a license is not an endorsement or sponsorship, actual or implied, by any
state.
Insurance policies are underwritten by non-affiliated insurance companies. Not
all products are available in all states.
© 2019 Aioi Nissay Dowa Insurance Services USA Corporation, 1025 W. 190th St.
Ste. 222, Gardena, CA 90248
2.3 Products and Services
Not all policies, coverages and services described in the Site are available in
all states. Availability may depend upon your state, the insurance company and
your personal circumstances. The information and materials provided in the Site
may not describe all of the terms, conditions, and exceptions applicable to any
insurance policy or service. All insurance coverages are subject to the terms
and conditions of the insurance policies issued.
2.4 Professional Advice is Not Provided
The content of this Site does not constitute professional advice of any kind.
The information contained in this Site is for general informational purposes
only. Please contact a licensed AIS insurance professional for assistance with
your insurance needs. Any insurance decision, including coverage amounts,
limits, and deductibles, is solely the responsibility of the insured.
2.5 Consent To Be Contacted By AIS
You agree to receive communications from AIS regarding your use of the Service,
and insurance. You agree that these communications may include, but are not
limited to, phone, text, fax, email or other similar means, regardless of
whether your phone number is registered on a state or federal Do Not Call list.
You understand that any messages we leave for you may be accessed by anyone
with access to your voicemail or text messages. You understand that your mobile
phone service provider may charge you fees for calls that we make or texts that
we send to you, and you agree that we will have no liability for the cost of
any such calls or texts. At any time, you may withdraw your consent to receive
marketing calls and text messages by calling us at 424-329-3345. Alternatively,
to stop marketing text messages, simply reply “STOP” to any marketing text
message that we send you.
2.6 Notice Of Monitoring And Recording
You understand that all telephone calls, live chats, and other communications
between you and AIS (including its affiliates defined above) may be monitored
and/or recorded. You agree to such monitoring and recording.
3. Our Proprietary Rights.
3.1 As between AIS and you, and subject to your right, title and interest in
data you submit through this Service or otherwise provide or submit to AIS, AIS
owns all right, title and interest in and to the Service, including all related
intellectual property rights subsisting therein. Subject to the limited rights
expressly granted hereunder, and rights to any third party software used by AIS’
service providers, AIS reserves all rights, title and interest in and to the
Service, including all related intellectual property rights subsisting therein.
We grant no rights to you hereunder other than as expressly set forth herein.
This Service and all materials and information published thereon are protected
by U.S. and foreign copyright and other intellectual property laws. You agree
to protect the proprietary rights of AIS and to comply with all reasonable
written requests made by AIS or its third party licensors to protect their and
others’ rights in the Site and materials and content made available on or
through the Service.
3.2 All AIS and MOTER denominated branding, other trademarks, and service marks
are the property of, or licensed by, AIS. AIS’ trademarks and trade dress may
not be used in any form without the prior written consent of AIS, and any use
shall be subject to AIS’ then-current policies and requirements. All other
trademarks, services marks, logos, designs and trade dress not owned by AIS
that appear on this Service are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by AIS.
4. License.
4.1 Subject to these Terms, AIS hereby grants you a non-exclusive,
non-transferable license for your lawful purposes in connection with seeking
insurance. You may not use the Site in any manner inconsistent with these
Terms.
4.2 You shall not remove any copyright, patent, trademark or other proprietary
or restrictive notice or legend contained on of the Sites, and you shall
reproduce all such notices and legends on all copies of materials downloaded,
printed or distributed from the Service which copies are permitted to be made
hereunder.
5. Restrictions on Use.
5.1 Except as otherwise expressly provided in these Terms or on the Site, you
may not download, modify, copy, reproduce, republish, post, resell, upload,
transmit or distribute any materials or content, except with the express
written consent of AIS or its third party licensors.
5.2 In addition, you agree not to:
(a) Use or access the Site for any purpose that is unlawful or prohibited by
the Terms or display, transmit or otherwise make available on or through the Service
material that is infringing, threatening, harassing, libelous, hateful,
racially or ethnically objectionable, unlawful, tortious, harmful to children,
invasive of another’s privacy or violative of third party privacy rights;
(b) Reverse engineer, decompile, modify, or create derivative works from any
software or materials accessible by or on the Service;
(c) Frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
AIS without express written consent;
(d) Make any commercial or non-fair use of the copyrights, trademarks, logos,
symbols, or any other mark, device, or commercial identifier of AIS or any of
our third party licensors without the express written consent of AIS;
(e) Use or access the Site in a manner that could damage, disable, overburden,
or impair any AIS server or the networks connected to any AIS server;
(f) Interfere with any third party’s use and enjoyment of the Service;
(g) Attempt to gain unauthorized access to the Service, accounts, computer
systems, or networks connected to any AIS server through hacking, password
mining, or any other means;
(h) Sublicense any license granted in or to materials on the Service (whether
or not any of such acts are for commercial gain or advantage); or
(i) Access the Service in order to build a competitive product or service, or
copy any features, functions or graphics of the Services.
6. Your Responsibilities.
You shall: (i) have sole responsibility for the accuracy, quality, integrity,
legality, reliability, and appropriateness of all content and data submitted to
or published via the Service by you; (ii) comply with all applicable laws
(including but not limited to export laws) in using the Service; and (iii) use
the Service solely in accordance with any online user guides or instructions
made available on or through the Site. You shall not disclose or share any
ID(s) and password(s) used to access this Service. You are responsible for all
activity that occurs under your ID(s) and password(s). You agree to notify AIS
in writing promptly upon becoming aware of any unauthorized access or use of
the Site by any party.
7. Your Instructions and Requests.
You acknowledge and agree that when the Terms terminate, your access to any
content through the Service may terminate, and that following such expiration
or termination, materials may be archived or deleted from the Service in
accordance with our applicable records retention policy(ies). We do not
guaranty the availability of any other content on the Service, and you
acknowledge and agree that any content stored on or through this Site may be
archived or deleted periodically in accordance our applicable record retention
policy(ies).
8. Links and Third Party Information.
8.1 Third Party Content is not maintained or controlled by AIS, and as a matter
of policy, AIS does not independently verify, prescreen or monitor any such
Third Party Content. We are not responsible for the availability, content,
completeness, adequacy, utility or accuracy of such Third Party Content. AIS
does not make any endorsement, express or implied, of any Third Party Content.
8.2 Certain Third Party Content is subject to additional specific terms and
conditions which can be found in the Third Party’s terms and conditions.
8.3 Service features that interoperate with Third Party Content depend on the
continuing availability of such third party services and materials for use with
the Service. If the third party providers of such services or materials cease
to make the services or materials available on reasonable terms for the
Services, we may cease providing such Service features.
9. Disclaimers and Limits of Liability.
9.1 The information contained in this Service provides only a general overview
of subjects covered, is not intended to be taken as advice regarding any
individual situation and should not be relied upon as such. Insureds should
consult their insurance and legal advisors regarding specific coverage issues.
All insurance coverage is subject to the terms, conditions, and exclusions of
the applicable individual policies. AIS cannot provide any assurance that
insurance can be obtained for any particular client or for any particular risk,
and, unless and to the extent otherwise expressly provided, the display of
information on or through this Service should not be considered assurance that
insurance can be or has been obtained for any particular client or for any
particular risk. AIS is not responsible for accuracy of any Third Party Content
containing information or other materials concerning the financial condition or
solvency of any insurers or reinsurers, or application of policy wordings of
any insurers or reinsurers.
9.2 THE SITE, ANY SERVICE, AND THE INFORMATION ON THE SITE, ARE PROVIDED “AS
IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE.
9.3 AIS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THE SITE, OR ANY INFORMATION OR SERVICE ON A
LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of
certain implied warranties, liability, incidental or consequential damages, so
certain provisions of these Terms may not apply to you.
10. Indemnification.
You shall defend us against any claim made or brought against us by a third
party alleging that your use of the Services in violation of these Terms, or
the data or information you submit through the Site, infringes or
misappropriates the intellectual property rights of a third party or violates
applicable law, and shall indemnify us for any damages finally awarded against,
and for reasonable attorney’s fees incurred by, us in connection with any such
Claim; provided, that we:
(a) promptly give you written notice of the Claim; (b) give you sole control of
the defense and settlement of the Claim (provided that you may not settle any
Claim unless the settlement unconditionally releases us of all liability); and
(c) provide to you all reasonable assistance, at our expense.
11. Changes to Terms.
AIS reserves the right to make changes, modifications, amendments, and/or
updates to this Service and the Terms. When these changes are made, we will
make a new copy of the Terms available on this Site. Changes to the Terms shall
be effective when posted. You understand and agree that continued use of the
Site after the Terms has changed will be treated as your acceptance of the
updated Terms.
12. Term and Termination.
These Terms commence on the date you accept them and continue until terminated
in accordance with this paragraph. You may terminate your use of the Service
without cause at any time upon written notice to us. We may terminate access to
and use of the Service (a) at any time with or without cause, upon notice to
you or (b) upon termination of your relationship with AIS for any reason.
Sections 3 (Proprietary Rights), 8 (Links and Third Party Content), 9
(Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law)
and 17 (Miscellaneous) shall survive any termination or expiration of these
Terms. We shall have no obligation to maintain or provide you a copy of any of
your data in the Service following termination or expiration of these Terms,
unless otherwise specified in other applicable agreement between you and AIS,
or unless legally required to be retained. UPON TERMINATION OF YOUR ACCESS TO
OR USE OF CONTENT STORED IN THE SERVICE WILL NOT BE ACCESSIBLE THROUGH THE
SERVICE.
13. Sanctions and Export Controls.
This license agreement is expressly made subject to any laws, regulations,
orders or other restrictions which may be imposed by the Government of the
United States of America on the transaction of business activities with certain
countries or nationals or residents of certain countries. Services are not
available through AIS to any Restricted Entity (as defined below). You
represent and warrant that neither you nor your organization is a Restricted
Entity nor are you or your organization using the Services on behalf of or for
the benefit of a Restricted Entity. “Restricted Entity” shall mean any
individual or organization owned or controlled by, or acting as an agent for,
any person or entity with whom a U.S. citizen, national, or company organized
under the laws of or operating in the U.S. is prohibited from engaging in
transactions by U.S. laws, including without limitation, a person on the
Specially Designated Nationals List published by the U.S. Department of the
Treasury’s Office of Foreign Assets Control.
14. Governing Law.
These Terms shall be governed by the laws of the State of Delaware, without
reference to the principles of conflicts of laws thereof.
15. Agent For Notice Of Claimed Copyright Infringement.
AIS respects the intellectual property rights of authors. To assist copyright
owners, AIS has appointed an agent to receive notifications of claims or
allegations of copyright infringement regarding materials available or
accessible on, through, or in connection with the Site. Any person authorized to
act for a copyright owner may notify us of such claims by contacting us in
writing at the following address:
Attn: Copyright Agent
Aioi Insurance Services USA Corp
1025 West 190th Street, Suite 222
Gardena, CA 90248
16. Injunctive Relief.
You acknowledge and agree that any violation of the Terms relating to the
disclosure, use, copying, distribution, display or publishing of the content
made available through the Service by us or by third party licensors, including
any software licensed hereunder, may result in irreparable injury and damage to
AIS or its licensors that may not be adequately compensable in money damages,
and for which AIS will have no adequate remedy at law. You, therefore, consent
and agree that AIS may obtain injunctions, orders, or decrees as may be
reasonably necessary to ensure compliance with these Terms. You hereby waive
any requirement of the posting of a bond that may apply for issuance of any
injunctions, orders, or decrees.
17. Miscellaneous.
We may assign our rights and obligations under these Terms, without notice, to:
(a) any affiliate of AIS; or (b) any party or its affiliate acquiring all or
substantially all of the assets or stock by merger or otherwise of AIS or any
affiliate of AIS. These Terms may not be assigned by you without our prior
written consent. Our failure to exercise or enforce any right or provision of
these Terms shall not constitute a waiver of such right or provision. If any
provision of these Terms shall be deemed invalid, void, or for any reason
unenforceable, that provision shall be deemed severable and shall not affect
the validity and enforceability of any remaining provisions. These Terms are the
entire and final agreement between AIS and you regarding your access to and use
of the Site and the content provided, and supersedes any prior or
contemporaneous understandings regarding access and use of the Site. Questions
or comments regarding the Service or the Terms should be directed to the AIS
client executive team at 424-329-3345 info@aioi-atg.com or 877.249.0086