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 * Terms of Service
 * Privacy Policy
 * Terms of Site Use

American Online Benefits Group

 * Terms of Service
 * Privacy Policy
 * Terms of Site Use


TERMS OF SERVICE

Effective as of August 2023

Welcome to the Enrollment Site (the “Site”), a website administered by American
Online Benefits Group, a division of Arthur J. Gallagher Risk Management
Services, Inc. (referred to in this document as “Gallagher”). The Site provides
potential insureds with an online market to procure insurance coverage through
the listed insurer as part of the program described on the Site.

General Terms

THESE TERMS OF SERVICE (THESE “TERMS”) CONSTITUTE A BINDING AGREEMENT, GOVERNING
USE OF THE SITE AND PURCHASE OF APPLICABLE COVERAGE, BETWEEN YOU AND GALLAGHER.
THESE TERMS ARE EFFECTIVE BETWEEN YOU AND GALLAGHER AS OF THE DATE OF YOUR FIRST
VISIT TO THE SITE. YOUR USE OF THE SITE IS SUBJECT TO YOUR PRIOR AND CONTINUED
ACCEPTANCE OF THESE TERMS, AS WELL AS THE TERMS OF GALLAGHER’S PRIVACY POLICY
(AVAILABLE AT https://www.ajg.com/privacy-policy/). THESE TERMS SHALL REMAIN
VALID AND EFFECTIVE UNTIL MODIFIED OR TERMINATED BY GALLAGHER. CONTINUED USE OF
THE SITE AND/OR ENROLLMENT IN COVERAGE SIGNIFIES YOUR CONTINUED ACCEPTANCE OF
THESE TERMS AND ANY CHANGES TO THEM. PLEASE READ THESE TERMS CAREFULLY AS THEY
CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, CERTAIN LIMITATIONS AND EXCLUSIONS.

If you are accessing these Terms on behalf of another individual(s), you
represent that you have the authority to bind such individual(s) to these Terms,
in which case the terms “you” and “your” shall refer to such other individual(s)
as well. If you do not have such authority or if you do not agree to these Terms
in their entirety, you must immediately discontinue use of the Site and you are
not permitted to place coverage thereby. These Terms may be updated from time to
time, and you should check these Terms regularly to be sure that you are aware
of any changes as they may arise.

Insurance Disclaimers

 1. The policy and coverage information provided on the Site summarizes an
    outline of certain terms and conditions of the insurance proposed by the
    insurers, based on the information provided by your company. The insurance
    policies themselves must be read to fully understand the terms, coverages,
    exclusions, limitations and/or conditions of the actual policy contract of
    insurance. Policy forms are available on the user site. We make no
    warranties with respect to policy limits or coverage considerations of the
    carrier. Any entity not named in the application and resulting policy may
    not be an insured entity. This may include affiliates, subsidiaries, LLC’s,
    partnerships and joint ventures. Contact us with questions on these or any
    other issues of concern.
    
 2. Gallagher is only responsible for the placement of the lines of coverage
    specified on the Site and in the applicable application.

Services

Gallagher will represent and assist you in all discussions and transactions with
insurance companies relating to the lines of insurance coverage set forth and
any other lines of insurance coverage with which you request Gallagher’s
assistance. Gallagher will consult with you regarding any matters involving
these or other coverages for which you have engaged Gallagher. You have the sole
discretion for approving any insurance policies placed, as well as all other
material decisions involving your risk management, risk transfer and/or loss
prevention needs.

Although you are responsible for notifying applicable insurance companies
directly in connection with any claims, demands, suits, notices of potential
claims or any other matters as required by the terms and conditions of your
policies, Gallagher will assist you in determining applicable claim reporting
requirements.

Gallagher is not required to provide Services to you if Gallagher reasonably
considers that to do so would put Gallagher in breach of, or would expose
Gallagher or its affiliates to fines, penalties or sanctions under any laws,
regulations, professional rules or, in Gallagher’s sole opinion, you have
breached a term/the terms of the Policies. In such circumstances, Gallagher will
be entitled to terminate its Services with immediate effect. In the event
thatGallagher exercises its right to terminate its Services with immediate
effect, Gallagher will not be responsible or liable to you for any direct or
indirect loss which you or any other party may suffer as a result.

Please be aware that Gallagher is generally restricted from providing broking,
claims handling or other services that relate to Cuba and Iran, including due to
significant difficulties in processing payments and other commercial and
reputational considerations.

Restrictions on Use

Gallagher may discontinue or alter any aspect of the Site, remove content from
the Site, restrict the time the Site is available or restrict the amount of use
permitted at Gallagher’s sole discretion and without prior notice or liability.
You agree that Gallagher may, under certain circumstances, immediately suspend
and/or terminate your access to the Site or any part thereof. Cause for such
measures shall include, without limitation: (a) breaches or violations of these
Terms or other incorporated agreements or guidelines; (b) discontinuance or
material modification to the Site; (c) unexpected technical or security issues
or problems; (d) extended periods of inactivity; and/or (e) engagement by you in
fraudulent or illegal activities. You further agree that such measures shall be
taken in Gallagher’s sole discretion and without liability to you or any third
party.

Compensation Disclosure

 1. Gallagher companies are primarily compensated from the usual and customary
    commissions, fees or, where permitted, a combination of both, for brokerage
    and servicing of insurance policies, annuity contracts, guarantee contracts
    and surety bonds (collectively “insurance coverages”) handled for a client’s
    account, which may vary based on market conditions and the insurance product
    placed for the client.
    
 2. In placing, renewing, consulting on or servicing your insurance coverages,
    Gallagher companies may participate in contingent and supplemental
    commission arrangements with intermediaries and insurance companies that
    provide for additional compensation if certain underwriting, profitability,
    volume or retention goals are achieved. Such goals are typically based on
    the total amount of certain insurance coverages placed by Gallagher with the
    insurance company, not on an individual policy basis. As a result, Gallagher
    may be considered to have an incentive to place your insurance coverages
    with a particular insurance company. If you do not wish to have your
    commercial insurance placement included in consideration for additional
    compensation, contact your producer or service team for an opt-out form.
    
 3. Gallagher companies may receive investment income on fiduciary funds
    temporarily held by them, or from obtaining or generating premium finance
    quotes, unless prohibited by law.
    
 4. Gallagher companies may also access or have an ownership interest in other
    facilities, including wholesalers, reinsurance intermediaries, captive
    managers, underwriting managers and others that act as intermediaries for
    both Gallagher and other brokers in the insurance marketplace some of which
    may earn and retain customary brokerage commission and fees for their work.

If you have specific questions about any compensation received by Gallagher and
its affiliates in relation to your insurance placements, please contact your
Gallagher representative for more details.

In the event you wish to register a formal complaint regarding compensation
Gallagher receives from insurers or third-parties, please contact Gallagher via
e-mail at feedback@aobgrp.com or by regular mail at:

Chief Compliance Officer
Gallagher Global Brokerage
Arthur J. Gallagher & Co.
2850 Golf Rd.
Rolling Meadows, IL 60008

Treatment of Information

Gallagher understands the need to protect the confidentiality and security of
your confidential and sensitive information and strives to comply with
applicable data privacy and security laws.  Your confidential and sensitive
information will be protected by Gallagher and only used to perform services for
you; provided that Gallagher may disclose and transfer your information to our
affiliates, agents or vendors that have a need to know such information in
connection with the provision of such services (including insurance markets, as
necessary, for marketing, quoting, placing and/or servicing insurance
coverages).  We may also disclose such information as required by applicable
data protection laws or the order of any court or tribunal, subject to our
providing you with prior notice as permitted by law.

We will (i) implement appropriate administrative, physical and technical
safeguards to protect personal information; (ii) timely report security
incidents involving personal information to affected parties and/or regulatory
bodies; (iii) create and maintain required policies and procedures; and (iv)
comply with data subjects’ rights, as applicable.  To the extent applicable
under associated data protection laws, you are a “business” or “controller” and
Gallagher is a “service provider” or “data processor.” You will ensure that any
information provided to Gallagher has been provided with any required notices
and that you have obtained all required consents, if any and where required, or
are otherwise authorized to transfer all information to Gallagher and enable
Gallagher to process the information for the purposes described in this Proposal
and as set forth in Gallaher’s Privacy Policy located at
https://www.ajg.com/privacy-policy/. Gallagher may update its Privacy Policy
from time to time and any updates will be posted to such site.

Dispute Resolution

Gallagher does not expect that it will ever have a formal dispute with any of
its clients.  However, in the event that one should arise, we should each strive
to achieve a fair, expedient and efficient resolution and we’d like to clearly
outline the resolution process.

 1. If the parties have a dispute regarding Gallagher’s services or the
    relationship governed by this Proposal (“Dispute”), each party agrees to
    resolve that Dispute by mediation. If mediation fails to resolve the
    Dispute, you and Gallagher agree to binding arbitration.  Each party waives
    all rights to commence litigation in court to resolve a Dispute, and
    specifically waives all rights to pursue relief by class action or mass
    action in court or through arbitration.  However, the parties do not waive
    the ability to seek a court order of injunction in aid of the mediation and
    arbitration required by these Terms.
    
 2. The party asserting a Dispute must provide a written notice (“Notice”) of
    the claim to the other party and to the American Arbitration Association
    (“AAA”) in accordance with its Commercial Arbitration Rules and Mediation
    Procedures. All Dispute resolutions will take place in Chicago, IL, unless
    you and Gallagher agree to another location. The parties will equally divide
    all costs of the mediation and arbitration proceedings and will each pay
    their own attorneys’ fees.  All matters will be before a neutral, impartial
    and disinterested mediator or arbitrator(s) that have at least 20 years’
    experience in commercial and insurance coverage disputes.
    
 3. Mediation will occur within sixty (60) days of filing the Notice with the
    AAA. Mediation results will be reduced to a memorandum of understanding
    signed by you, Gallagher and the mediator.  A Dispute that is not resolved
    in mediation will commence to binding arbitration.  For Disputes in excess
    of $500,000, either party may elect to have the Dispute heard by a panel of
    three (3) arbitrators. The award of the arbitrator(s) must be accompanied by
    a reasoned opinion prepared and signed by the arbitrator(s).  Except as may
    be required by law, neither you, Gallagher, nor a mediator or arbitrator may
    disclose the existence, content or results of any Dispute or its dispute
    resolution proceeding without the prior written consent of both you and
    Gallagher.

Gallagher Intellectual Property

Unless otherwise specifically noted in these Terms, images, trademarks, service
marks, logos and icons displayed on the Site, including, without limitation,
Arthur J. Gallagher & Co. and its affiliates and the Gallagher logo, are the
property of Gallagher and/or its licensors and may not be used without
Gallagher’s prior written consent. Trademarks and other intellectual property
owned by third parties are the property of those respective third parties. The
Site is the copyrighted property of Gallagher, and it may not be reproduced,
recreated, modified, accessed or used in any manner or disseminated or
distributed to any other party in violation of these Terms.

Accounts

For certain aspects of the Site, you may be asked to register an account. In the
event you agree to register an account, you will select and/or receive a
username and password upon providing registration information and successfully
completing the registration process. This account is personal to you, and you
will not share it or allow any other person to utilize your account. You are
responsible for maintaining the confidentiality of your username and password
and are fully responsible for all activities that occur under your username and
password. You agree to immediately notify Gallagher in the event (a) your
registration information changes, or (b) you learn of or have reason to suspect
any unauthorized use of your account or any other breach of security. You also
agree that you will provide truthful and accurate information during the
registration process.

Links

The Site may provide, or third parties may provide, links to other websites or
resources on the internet, including the online payment facilities utilized on
the Site. Because Gallagher has no control over such websites or resources, you
acknowledge and agree that Gallagher is not responsible for the availability of
such external websites or resources, and Gallagher does not endorse and is not
responsible or liable for any content, advertising, products or other materials
on or available from such websites or resources or for any privacy or other
practices of the third parties operating those websites or resources, and
Gallagher shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with your use
of any such website or resource.

Purchases

Gallagher may allow Site visitors to place orders for insurance coverage and
other products and/or services via the Site. If you place an order products
and/or services, you are subject to the additional terms of this section. Please
note that you may be directed to a third-party website to make such purchases,
and your purchase may be additionally governed by the terms of such third party
website. By making such purchases, you hereby agree that Gallagher has no
responsibility, and shall have no liability, for any claim related to your
purchases on such third-party websites.

Upon placing an order, you shall pay to Gallagher the purchase price as set
forth on the Site. Gallagher or its third party affiliates may utilize the
services of certain third party payment processors to process payments of credit
cards and other accepted methods of payment. Your purchase is subject to any
additional terms and conditions imposed by such third party payment processors.
The purchase price and any applicable fees or taxes shall be applied to your
chosen method of payment upon submission of your order.

Prices and availability of products and services are subject to change without
notice. Errors will be corrected where discovered, and Gallagher reserves the
right to revoke any stated offer and to correct any errors, inaccuracies or
omissions including after an order has been submitted and whether or not the
order has been confirmed and your payment method accepted and charged. In the
event your payment method has been accepted and charged, Gallagher will issue
you the appropriate credit within a reasonable time after your order has been
revoked.

Electronic Delivery

In lieu of receiving documents in paper format, you agree, to the fullest extent
permitted by law, to accept electronic delivery of any documents that Gallagher
may be required to deliver to you (including, but not limited to, insurance
policies and endorsements, account statements and all other agreements, forms
and communications) in connection with services provided by Gallagher.
 Electronic delivery of a document to you may be made via electronic mail or by
other electronic means, including posting documents to a secure website.

User Representations

You hereby represent and warrant to Gallagher that: (a) you (i) are over the age
of eighteen (18), (ii) are an emancipated minor under the laws of your
jurisdiction of domicile and/or residence, (iii) possess legal parental or
guardian consent or (iv) otherwise have the power and authority to enter into
and perform your obligations under these Terms; (b) all information provided by
you to Gallagher is truthful, accurate and complete; (c) you are an authorized
signatory of the credit or debit card or other method of payment that you
provide to Gallagher or its third-party payment processor to pay the purchase
price and any applicable fees and taxes, if any, related to your purchase; (d)
you will comply with these Terms and any other agreement to which you are
subject that is related to your use of the Site or purchase of products and/or
services; and (e) you will not use the Site to gain competitive intelligence
about Gallagher, the Site or any product or service offered via the Site or to
otherwise compete with Gallagher or its affiliates.

Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under
your account or password, and you agree not to engage in unacceptable use of the
Site or any part thereof, which shall be determined by Gallagher in its sole
discretion.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, ANY CONTENT, AND ANY PRODUCTS,
SUBSCRIPTIONS OR SERVICES PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS
AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW,
GALLAGHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND
NON-INFRINGEMENT. WITHOUT LIMITATION, GALLAGHER MAKES NO WARRANTY THAT THE SITE,
ANY CONTENT, OR ANY PRODUCTS, SUBSCRIPTIONS OR SERVICES PROVIDED VIA THE SITE
WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE
FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT
THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. GALLAGHER WILL NOT BE
OPERATING IN A FIDUCIARY CAPACITY, BUT ONLY AS AN INSURANCE BROKER, OBTAINING
COVERAGE TERMS AS SPECIFIED IN YOUR APPLICATION. WE WILL SEEK TO BIND THOSE
COVERAGES BASED UPON YOUR AUTHORIZATION. FURTHER, PLEASE NOTE THAT NO ADVICE OR
INFORMATION OBTAINED BY YOU THROUGH THE SITE OR ANY PRODUCT SHALL CONSTITUTE
LEGAL OR TAX ADVICE OR OTHERWISE CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR
IN THESE TERMS.

Limitation of Liability

BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GALLAGHER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE
INABILITY TO USE THE SITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED
VIA THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES
RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR
OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS,
CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SITE, ANY CONTENT OR
THE PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE. IF YOU ARE DISSATISFIED
WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE
SITE AND TERMINATE THESE TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO
EVENT SHALL GALLAGHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LESSER OF
(I) THE AMOUNT RETAINED BY GALLAGHER AS A RESULT OF YOU PURCHASING PRODUCTS
AND/OR SERVICES THROUGH THE SITE OR (II) $10,000.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Gallagher, its officers,
members, directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including attorneys’ fees and costs
and expenses, arising out of or in any way connected with (a) your access to or
use of the Site or any part thereof, (b) a breach or alleged breach by you of
any of your representations, warranties, covenants or obligations under these
Terms, (c) infringement or misappropriation of any intellectual property or
other rights of Gallagher or third parties by you, (d) any negligence or willful
misconduct by you, (e) any other claim related to your performance under these
Terms, or (f) your use of any content, services or products provided by
Gallagher.

Governing Law and Other Miscellaneous Terms

The parties and their respective personnel are and shall be independent
contractors, and neither party by virtue of these Terms shall have any right,
power or authority to act or create any obligation, express or implied, on
behalf of the other party.

The parties agree that breach of the provisions of these Terms would cause
irreparable harm and significant injury to Gallagher which would be both
difficult to ascertain and which would not be compensable by damages alone. As
such, the parties agree that Gallagher shall have the right to enforce the
provisions of these Terms by injunction (without necessity of posting bond),
specific performance or other equitable relief without prejudice to any other
rights and remedies Gallagher may have for your breach of these Terms.

The validity and effect of these Terms shall be governed by, and construed and
enforced in accordance with the laws of the State of Illinois, without regard to
its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING
CONCERNING OR RELATING TO THE SITE, ITS USE, THESE TERMS, ANY SALE OR ANY OTHER
PRODUCT, SERVICE, POLICY OR PROCEDURE OF GALLAGHER, MUST BE BROUGHT EXCLUSIVELY
IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF ILLINOIS, AND YOU HEREBY
IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE
APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU
IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY
OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH
SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR
PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN
INCONVENIENT OR IMPROPER FORUM.

If the performance of any part of these Terms or the Site by either party (other
than payment of money) is prevented, hindered, delayed or otherwise made
impracticable by reason of any flood, riot, fire, judicial or governmental
action, labor dispute, act of God, telecommunications failure or any other cause
beyond the control of either party, that party shall be excused from such
performance to the extent that it is prevented, hindered or delayed by such
cause.

These Terms, including any other agreements or additional terms referenced
herein, constitute the complete and exclusive statement of the agreement between
the parties with respect to the Site, content, and products and services offered
via the Site and, unless otherwise expressly provided herein, it supersedes any
and all prior or contemporaneous communications, representations, statements and
understandings, whether oral or written, between the parties concerning the
Site, content, and products and services sold via the Site. If any provision of
these Terms is found unlawful or unenforceable in any respect, the court shall
reform such provision so as to render it enforceable or, if it is not possible
to reform such provision so as to make it enforceable, then delete such
provision. As so reformed or modified, the court shall fully enforce these
Terms. The provisions of these Terms that by their content are intended to
survive the expiration or termination of these Terms, including, without
limitation, provisions governing ownership and use of intellectual property,
representations, disclaimers, warranties, liability, indemnification, governing
law, jurisdiction, venue, remedies, rights after termination and interpretation
of these Terms, will survive the expiration or termination hereof for their full
statutory period.

Gallagher makes no representation that the Site, content or other material or
information on the Site is appropriate to or available in locations outside of
the United States. You may not use the Site or export content in violation of
United States export laws, regulations or restrictions. If you access the Site
from outside of the United States, you are responsible for compliance with all
applicable laws.



LDJ American Online Benefits, LLC
License Nos. TX 1871385 / CA 0K33063

Arthur J. Gallagher Risk Management Services, LLC
License Nos. IL 100292093 / CA 0D69293

© 2023 American Online Benefits Group. All rights reserved.