Web Site Agreement

The following terms and conditions govern the use by you of the Atlantic American Corp. web site and all Atlantic American Corp divisional websites including, but not limited to, www.bflic.com (http://www.bflic.com) and http://www.xcalibre.com . The terms and conditions set forth herein apply to all materials, online communications and other information and materials that are or become available on this Web site (collectively, the "Information"). Please read these terms and conditions carefully before accessing this Web site. BY SIGNING ON AND USING THIS WEB SITE, YOU SPECIFICALLY AGREE TO EACH OF THE PROVISIONS OF THE FOLLOWING AGREEMENT.

  1. Downloading. You may download textual material from this Web site for your own personal, noncommercial use only, provided you do not modify the materials and keep intact all copyright and other proprietary notices. You may not further distribute or display such materials for any purpose.
  2. External Links. This Web site may contain links to other Web sites. ATLANTIC AMERICAN CORP is not responsible for the availability of these external Web sites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external Web sites. Under no circumstances shall ATLANTIC AMERICAN CORP be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on any such external Web site. Any concerns regarding any external link should be directed to the respective Web site, rather than to ATLANTIC AMERICAN CORP. By including a link to an external site in the Web site, ATLANTIC AMERICAN CORP does not expressly state or imply that it has authorization from the owner of such site to link to it. Should you visit an external site from a link found on the Web site, you do so at your own discretion and at your own risk.
  3. Disclaimer of Warranties. THIS WEB SITE AND THE INFORMATION IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ATLANTIC AMERICAN CORP DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ATLANTIC AMERICAN CORP DOES NOT WARRANT THAT THE INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). SHOULD YOU PURCHASE AN ATLANTIC AMERICAN CORP PRODUCT FROM ATLANTIC AMERICAN CORP OR A THIRD PARTY, THE TERMS AND CONDITIONS APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE; YOUR USE OF THIS WEB SITE DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. A "disabling device" is defined as any software, document, message or other material which contains a computer virus, worm, Trojan horse, time bomb, or other device which may erase, scramble, lock, or disable computer software or equipment or may prevent users from using a Web site or any other item of hardware or software.
  4. Limitation of Damages. UNDER NO CIRCUMSTANCES SHALL ATLANTIC AMERICAN CORP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEB SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
  5. Locality. ATLANTIC AMERICAN CORP operates and controls this Web site from its offices located in the state of Georgia in the United States. ATLANTIC AMERICAN CORP makes no representation that the information or other materials in the Web site are appropriate or available for use in other locations. If you choose to access this Web site outside of the state of Georgia through your own initiative, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
  6. Third Party Content and Trademarks. ATLANTIC AMERICAN CORP may distribute content supplied by third parties on the Web site. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Web site, are those of the respective author(s) or distributor(s) and not of ATLANTIC AMERICAN CORP. ATLANTIC AMERICAN CORP, ATLANTIC AMERICAN CORP Incorporated, and Communicorp are trademarks or registered trademarks of ATLANTIC AMERICAN CORP and/or its parent or affiliate companies. Other product and company names mentioned herein may be the trademarks of their respective owners.
  7. Submissions. ATLANTIC AMERICAN CORP's company policy does not allow ATLANTIC AMERICAN CORP to accept or to consider creative suggestions, ideas or other materials other than those ATLANTIC AMERICAN CORP has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures, including, but not limited to, pictures uploaded by ATLANTIC AMERICAN CORP insurance agents, or other materials (collectively, the "submissions"), the submissions shall be deemed, and shall remain, the property of ATLANTIC AMERICAN CORP. None of the submissions shall be subject to any obligation of confidence on the part of ATLANTIC AMERICAN CORP, and ATLANTIC AMERICAN CORP shall not be liable for any use or disclosure of any of the submissions. Without limitation of the foregoing, ATLANTIC AMERICAN CORP shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.
  8. Forum Notices: a. Permitted Materials. You may use the Sport Discussion Area or any other area which invites your comments and discussion (the "forum") provided within the Web site for lawful purposes only. You may not post or transmit through the forum material that violates or infringes in any way upon any copyrights, trademarks, or intellectual property rights of another; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, indecent, or otherwise objectionable; that encourages criminal conduct; or that gives rise to civil liability of any party or otherwise violates any law. ATLANTIC AMERICAN CORP does not and cannot review every message posted in the forum and is not responsible for any content of these messages. ATLANTIC AMERICAN CORP reserves the right, however, to delete, move or edit messages for any reason, and you shall remain solely responsible for the content of such messages. In addition, you shall conduct yourself in a manner while participating in the forum which, in the judgment of ATLANTIC AMERICAN CORP, does not restrict or inhibit any other user from participating, using or enjoying the forum. b. Grant of License. By posting materials in the forum, you hereby grant to ATLANTIC AMERICAN CORP the royalty-free, perpetual, irrevocable, nonexclusive right to license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any material posted in the forum (in whole or in part) worldwide and/or incorporate it in other works in any form, media or technology now known or later developed for any purpose. c. No Advertising or Commercial Solicitation. You may use the forum only in a noncommercial manner. You may not, without the express written approval of ATLANTIC AMERICAN CORP, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. d. Other Prohibited Conduct. You shall not post, transmit or make available in anyway through the forum any disabling devices. ATLANTIC AMERICAN CORP has no obligation to detect the presence of disabling devices. Any downloading of materials or any other use of the Information is at your own risk, and you are advised to take adequate precautions to minimize any loss to your system caused by such disabling devices, including use of anti-virus programs and proper backup of files. Before participating in the forum, you should be aware that the voluntary disclosure of personal information, such as your name and E-mail address, in the forum may result in unsolicited messages from third parties who have accessed and collected this personal information without the knowledge, authorization or permission of ATLANTIC AMERICAN CORP.
  9. General. ATLANTIC AMERICAN CORP shall have the right at any time to change or discontinue any aspect or feature of the Web site, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Web site or any portion of the Web site. ATLANTIC AMERICAN CORP may also change the terms and conditions set forth in this agreement and any subsequent use of the Web site by you constitutes your agreement to such changed terms and conditions. Any rights not expressly granted herein are reserved to ATLANTIC AMERICAN CORP.
  10. Other. This agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
  11. Termination. Either you or ATLANTIC AMERICAN CORP may terminate this agreement at any time. You may terminate this agreement at any time by destroying all materials obtained from the Web site and all related documentation and copies thereof. This agreement will terminate immediately without notice from ATLANTIC AMERICAN CORP if in ATLANTIC AMERICAN CORP's sole discretion you fail to comply with any term or provision of this agreement. The provisions of Sections 2, 3, 4, 5, 8, 9(b), 11, 12 and 13 shall survive any termination or expiration of this Agreement.
  12. Software License. Any software that is made available to download from this Web site ("software") is owned or licensed by ATLANTIC AMERICAN CORP and/or its suppliers and is subject to U.S. and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software, unless acceptance of a different license agreement is required prior to downloading the software (the "License Agreement").
  13. The software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the extent permitted by applicable law.
  14. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ATLANTIC AMERICAN CORP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
  15. Export Controls. Software from this site is further subject to United States export controls, No software from this Web site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident) of Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

 

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