These User Terms (these “Terms”) govern your access to and use of the Alliant Insurance Services, Inc. Affinity Benefits Portal (the “Portal”), including the related functionality, features, and services made available through the Portal. Alliant Insurance Services, Inc. on behalf of itself and its affiliates including AIS Administrators, Inc. (collectively, “Alliant,” “us,” “our,” or “we”) provides the Portal in its capacity as both a licensed insurance broker and a licensed third-party administrator to enable eligible individuals, including employees, former employees, members of participating affinity groups, and their respective dependents (“you” or “your”) to view, manage, and submit information related to any employee benefit, group insurance, or related program (the “Plan(s)”) made available by or through their employer or affinity group (each, an “Entity Sponsor”). The Portal is provided pursuant to one or more agreement between Alliant and Entity Sponsor for the provision of brokerage and/or administrative services in connection with the Plan(s) (each, an “Agreement”). You and Alliant are referred to collectively as the “Parties” and individually as a “Party.”
By visiting the Portal or registering as a user of the Portal, you accept these Terms and represent that you have the authority to bind yourself to these Terms. Please read these Terms carefully.
These Terms constitute the entire agreement between you and Alliant related to your use of the Portal and the provision of any information by you to Alliant through the Portal.
These Terms may be modified from time to time by us posting the updated Terms on our website or notifying you through the Portal. You are responsible for reviewing the revised Terms and/or any applicable postings. CONTINUED USE OF THE PORTAL AFTER SUCH CHANGES OR POSTINGS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR POSTINGS. We may change the Portal or delete any features or functionality, or any aspect of the Portal, in any way at any time for any reason.
Permitted Use of the Portal. Subject to the terms and conditions of these Terms, Alliant grants to you and you accept a non-exclusive, non-transferable right and license to access and use the Portal solely for your personal use and, where applicable, on behalf of your eligible dependents, in connection with viewing, managing, and submitting information relating to the Plan(s). Such access may include use of (i) the Portal’s enrollment, communication, and information-management features; and (ii) related user guides, FAQs, on-screen instructions, training resources, or other materials provided or made available by Alliant, in any form, that describe or relate to the use or operation of the Portal (“Documentation”). You shall not use the Portal for any other purpose.
Prohibited Use of the Portal. You agree that you will not, directly or indirectly, at any time: (i) share your Portal account credentials with anyone; (ii) bypass or breach, or attempt to bypass or breach, any security device or protection used in connection with the Portal; (iii) interfere with or disrupt the integrity or performance of the Portal; (iv) input, upload, post, transmit, store or otherwise provide to or through the Portal any information or materials that are unlawful or injurious, or contain, transmit, or activate any software, hardware or other technologies, devices, or means which may permit unauthorized access to, or destroy, interrupt, disrupt, disable, distort, or otherwise harm or impede the Portal in any manner or limit the functionality of any computer software, hardware or telecommunications equipment of Alliant; (v) introduce any harmful code or prevent anyone from accessing or using the Portal, including any virus, bug, Trojan horse, worm, backdoor, malware or other malicious computer code, and any time bomb or drop-dead device; (vi) access or use the Portal in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law; (vii) upload, post, transmit, store, or otherwise make available Content (as defined below) in the Portal that is, in Alliant’s sole discretion, unlawful, threatening, abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature, constitutes unauthorized or unsolicited advertising, or that otherwise violates our rules or policies as may be established or amended from time to time; (viii) decipher, decompile, disassemble, reconstruct, translate, or reverse engineer any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Portal; or (ix) modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of products or services) based on the Portal, or create derivative works based on the Portal.
Monitoring. To the maximum extent permitted by applicable law, Alliant may (but assumes no obligation to) monitor any electronic communications you make in connection with the Portal and may disclose such information to law enforcement in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with these Terms, and protecting the rights, property, and interests of Alliant or any third party.
Third Party Pass Through Terms. Alliant may use third-party resources to provide certain features or functionality on the Portal. Such third parties may require that Alliant present to you certain terms and conditions related to your use their products. By accessing and using the Portal, you acknowledge and agree to all such third-party terms and conditions. Alliant does not assume any responsibility or liability for the availability or accuracy of such features or functionality made available to you via third-party resources. Should you elect to enter into a binding contract with any such third party, you agree to hold Alliant harmless and hereby release Alliant from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of accepting or using any features or functionality on the Portal that are available from such third parties.
Registration. You must register for a user account to access and use the Portal. By registering for an account and/or accessing and using the Portal, you represent, warrant, and signify that: (i) you are at least 18 years old; (ii) you have read, and you understand, and agree to be bound by these Terms, as may be amended from time to time; and (iii) any information you provide to us, both when you register for an account and in the future, is and will be true, accurate, current, and complete.
Account Information. You are responsible for maintaining the confidentiality of your account login credentials and for all access to and use of the Portal through such login credentials (whether or not authorized by you). You may not share your account with anyone, and you agree to immediately notify us of any unauthorized use or disclosure of your login credentials by sending an email to alliant-privacy@alliant.com. You agree to keep your password secure. Alliant will not be liable in any way if we are unable to retrieve or reset a lost password. You agree that we may deny access, use, and/or registration privileges to any user of the Portal at any time and in our sole discretion, including if we have reason to believe an account was created with false information or otherwise used for fraudulent purposes. If you make changes to your settings or user permissions within the Portal, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.
Communications. You acknowledge that we will communicate with you primarily by email or by posting notices on the Portal regarding the administration and management of your account. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Because these communications are necessary to use the Portal, you may not opt out of them. By agreeing to these Terms, you consent to receive such administrative and account-related communications through unencrypted electronic means, which may be susceptible to access by third parties during transmission or storage. We believe this risk is minimal, and you agree to accept it as a condition of using the Portal. If you do not agree to receive these required communications, you must cancel your account. To cancel your account, please contact us as described in the “Contact Us” section.
The Portal is provided solely as a convenience to facilitate your access to, and management of, information relating to the Plan(s). Alliant provides the Portal in its capacity as a licensed insurance broker and third-party administrator and does not act as the sponsor, insurer, or fiduciary of any Plan. The information, summaries, descriptions, data, and other materials made available through the Portal are provided for general informational purposes only and do not constitute legal, financial, accounting, healthcare, retirement, or other professional advice. You should consult with your own professional advisors regarding any such matters. Nothing contained in the Portal amends, modifies, or supersedes the official Plan documents, insurance policies, or carrier certificates that govern the Plan(s), including all determinations regarding eligibility, benefits, coverage, and payment, and in the event of any conflict, the terms of such governing Plan documents shall control. You are solely responsible for the timely and accurate completion of all benefit elections, submissions, or other required documentation, and for verifying that any such submissions have been properly transmitted to and received by the Entity Sponsor, Alliant, or carrier through the Portal.
Privacy. Alliant has a Privacy Policy governing its Affinity Benefits Portal (view here) disclosing what information we collect about users of the Portal, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. By accepting these Terms, you agree to be bound by our Privacy Policy, which is hereby incorporated into and made a part of these Terms.
Content. Any information, data, materials, or other content that you provide to Alliant in connection with your registration for, or use of, the Portal (collectively, the “Content”) may include personal information. Alliant will collect, access, use, disclose, and otherwise process any such personal information solely as described in the Privacy Policy. You hereby grant to Alliant a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to reproduce, modify, translate, publish, distribute, and otherwise make the Content available to other companies, organizations, individuals, and users as reasonably necessary to provide, maintain, and operate the Portal. You acknowledge and agree that, in order for us to provide and operate the Portal, Content may be transmitted by you or us over various public networks and in various media in compliance with our security protocols and we may make changes to Content to meet the technological requirements of such networks and media.
Submission. If you upload, post, transmit, store or otherwise make available information in the Portal regarding any features, functionality, or performance for the Portal that we incorporate into the Portal (each a “Submission”), such Submission shall be the exclusive property of Alliant, and is hereby irrevocably assigned to Alliant. You hereby irrevocably and unconditionally waive all “moral rights” that you may now have or have in the future relating to each Submission. Upon request by Alliant, you shall execute such assignments or conveyances of interest as may be necessary to assist Alliant to prosecute, register, perfect, or record its rights in or to any Submission.
Compliance with Applicable Law. When you provide information to us in the Portal, you represent and warrant that you have the unfettered right to do so, you are doing so in compliance with all applicable laws, you have no reason to believe you are violating the rights of any person or any contract or other obligation to which you are subject, and you are not subjecting us to any expense or liability.
Please be advised that the confidentiality of any communication or material transmitted to Alliant via the Portal or Internet electronic mail cannot be guaranteed, including personal information such as your address.
ALLIANT PROVIDES THE PORTAL “AS IS," “WITH ALL FAULTS" AND “AS AVAILABLE." YOU EXPRESSLY AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALLIANT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PORTAL AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE. ALLIANT DOES NOT WARRANT THAT THE PORTAL, ITS SERVERS OR E-MAILS SENT ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLIANT DOES NOT WARRANT THAT YOUR USE OF THE PORTAL WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 , THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
IN NO EVENT WILL ALLIANT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OF THE PORTAL, EVEN IF ALLIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT ALLIANT IS NOT RESPONSIBLE OR LIABLE FOR (a) ANY CONTENT; (b) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA; (c) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PORTAL; (d) ANY INCOMPATIBILITY BETWEEN THE PORTAL, SOFTWARE AND HARDWARE; OR (e) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PORTAL. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You release us and will indemnify, defend and hold harmless Alliant and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (i) your breach of any representation or warranty or other obligation contained in these Terms, or (ii) any Content or Submission (together, “Claims"). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.
You acknowledge and agree that the Portal and all related software, code, databases, data files, compilations, interfaces, designs, Documentation, know-how, processes, and other materials, together with all modifications, enhancements, improvements, and derivative works thereof (collectively, the “Alliant Materials”), are and shall remain the exclusive property of Alliant and its licensors. Alliant and its licensors retain all right, title, and interest in and to the Alliant Materials, including all associated intellectual property rights, whether registered or unregistered, throughout the world. Nothing in these Terms conveys any ownership or other rights in or to the Alliant Materials other than the limited license expressly granted herein. All rights not expressly granted to you under these Terms are reserved by Alliant and its licensors.
If the Agreement between Alliant and the applicable Entity Sponsor terminates or expires, these Terms will automatically terminate upon the conclusion of any period during which you remain eligible to access the Portal in connection with the Plan(s), as determined by Alliant in its reasonable discretion or as required under applicable law. Alliant may, at any time and with or without cause, terminate these Terms or suspend or restrict your access to the Portal, including if Alliant determines that such action is necessary to comply with law, protect system integrity, or prevent unauthorized use. Upon any termination or suspension of these Terms, your right to use the Portal will cease immediately, and you may no longer access or retrieve any information through the Portal except as may be required by law or permitted by Alliant in its discretion. All provisions of these Terms that by their nature should survive termination shall so survive, including those relating to disclaimers, limitation of liability, ownership, and governing law.
Jury Waiver. EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND ALLIANT AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Covered Disputes and Arbitration Requirement. Any and all disputes between you and Alliant, including disputes arising from or relating to the Portal, the Plan(s), these Terms, and the Privacy Policy (collectively, "Covered Disputes") will be settled by binding arbitration administered by the JAMS Mediation, Arbitration and ADR Services (“JAMS”) under the JAMS Comprehensive Arbitration Rules and Procedures and pursuant to the California Arbitration Act in effect on the date the claim was filed, available at www.adr.org https://www.jamsadr.com/rules-comprehensive-arbitration or by calling JAMS at 949-224-1810 . This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or Alliant can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.
Governing Law. To the extent state law applies to any portion of a proceeding brought by you or Alliant, laws of the State of California will apply.
Location. The arbitration will take place in the State of California.
Class Action Waiver. ALLIANT AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY. NEITHER ALLIANT NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS.
Severability. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
The Portal is designed to provide general information about Alliant and its Plan(s). Information on the Portal is not intended to constitute an offer to sell or a solicitation of any particular Plan.
Nothing contained, expressed or implied in the Portal is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between Alliant and you by reason of your use of the Portal or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.
Nothing contained, expressed, or implied in the Portal is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between Alliant and you by reason of your use of the Portal or under any circumstances whatever. The information in the Portal is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in the Portal, you should contact your own legal counsel.
The Portal and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Portal contains information and press releases about Alliant, and although this information was believed to be accurate as of the date prepared, Alliant disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
Entire Agreement. These Terms together with the Privacy Policy (view here) constitute the entire and exclusive understanding and agreement between you and Alliant with respect to your access to and use of the Portal and supersede and replace any prior or contemporaneous oral or written understandings or agreements between you and Alliant relating thereto. For the avoidance of doubt, these Terms do not modify or amend the Agreement as it applies to the Entity Sponsor’s arrangement of your access to the Plan(s). To the extent applicable, the Agreement shall control in the event of any conflict between the Agreement and these Terms.
Force Majeure. You agree that we are not liable for a delay or failure in performance of the Portal or under the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, disease outbreaks (or any worsening thereof), legislative changes, and governmental actions.
Severability. If any of the provisions of these Terms are, for any reason, held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other provisions of these Terms, and these Terms will be construed as if they had never contained such invalid, illegal, or unenforceable provision.
Headings. The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
No Assignment. You may not, without our prior written consent, assign these Terms, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Terms and will be void. We may assign these Terms to a third party at any time in our sole discretion. These Terms will be binding upon and will inure to the benefit of the Parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
Contact Us. If you have any questions or comments regarding these Terms, please contact Reed.Anders@alliant.com.
