Terms of Use

Arthur J. Gallagher & Co. (referred to herein as “We,” “Us” and “Our,” which terms, including their derivatives, encompasses any third party service providers We retain unless otherwise stated below) is providing certain employee benefits information and services through this portal (this “Portal”). This Portal, and any tools and/or services offered and/or provided through it (collectively, the “Services”), are made available to employees and others entitled to company benefits (individually “You,” “Your,” or the “User”) conditioned upon Your acceptance of these Terms of Use (“Terms”).You agree to read these Terms carefully before using this Portal or any of the Services provided thereby. By using this Portal or any Services, You expressly agree to these Terms. If You do not agree to these Terms, You may not use this Portal or any Services. These Terms are subject to change from time to time, and at any time without notice to You. Any changes will be incorporated into the Terms posted to this Portal from time to time.

Authorized Use and User Conduct

You agree that You will use this Portal and the Services in a manner consistent with these Terms and other instructions posted on this Portal. You agree not to interrupt or attempt to interrupt the operation of this Portal or the Services in any way or to attempt to gain unauthorized access to this Portal, any portion thereof, or to any other computer systems through this Portal. You agree that You will not use this Portal in any manner that could damage, disable, overburden or impair this Portal or interfere with any other party’s use of this Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by or provided through this Portal. Unauthorized use of this Portal, including but not limited to unauthorized entry or attempted entry into any systems, misuse of passwords, misuse of any information posted to this Portal or illegal conduct is strictly prohibited. We reserve the right to prohibit access to anyone determined by Us to be violating or attempting to violate these Terms.

Account and Password

In the course of Your use of this Portal and Our provision of the Services, We may be provided with certain of Your personal and confidential information (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in this Portal’s Privacy Statement, which is incorporated herein by reference for all purposes. You acknowledge and agree that You are responsible for the accuracy and content of all User Information. When You register to be able to use this Portal, You may be issued an account, or You may access the system using a trusted login, which will have a user name and password. You are responsible for maintaining the confidentiality of Your user name and password. You are solely responsible for all transactions, communications and acts or omissions that occur through the use of Your user name and password by You or any person or entity using a password provided to You, whether or not such access or use has been authorized by You. You agree to ensure that You exit from Your account at the end of each session. It is Your sole responsibility to control the dissemination and use of Your password and access to and use of Your account. We will not be responsible or liable for any loss or damage arising from Your failure to comply with this provision. If You believe that someone has accessed Your account on this Portal without Your authorization, You should immediately contact Us using the Contact Us feature on this Portal or by telephone.

Third Party Service Providers

We may use third party service providers (“Third Party Providers”) to provide certain content or Services with or without notice to You. We may also change Third Party Providers from time to time and at any time with or without notice to You. You consent and authorize Us to delegate the authorizations You provide to Us to Third Party Provider(s) as We deem necessary or desirable to provide the Services.

Copyrights and Trademarks

This Portal and the Services contain copyrighted works, trademarks and other proprietary material owned by Us or Third Party Providers. We and Our suppliers own all rights, title and interest in and to this Portal, all the content, data and materials thereon (with the exception of Your personal and account information), the look and feel, design and organization of this Portal and the compilation of the content, data and materials on this Portal, including, but not limited to, any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. If no restrictions are displayed, You may download, view and copy the information available from this Portal for non-commercial personal or educational purposes only, provided that each copy includes the copyright, trademark or service mark notices or attributions as they appear on the screens copied. Except as stated above, You may not copy, reproduce, modify, create derivative works, publish, transmit, display, sublicense or distribute material or images from this Portal without Our express written permission or that of the Third Party Provider, as applicable. Any commercial distribution, publishing or exploitation of this Portal or the materials on this Portal is strictly prohibited.

No Employee Benefit Advice

The content and tools that are available on this Portal are for information and education purposes. The information and tools available to You on this Portal are not providing legal, tax, financial or other advice. The modeling features offered on this Portal are for illustrative purposes only and do not constitute advice. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE TAILORED TO YOUR SITUATION. You are solely responsible for any employee benefit decisions that You make based upon Your evaluation of the information and use of the Services on this Portal. We will not have any responsibility or liability to You based upon Your use of this Portal or any Services, including, without limitation, any decisions that You make utilizing this Portal or Services.

Disclaimers

Some of the content accessible, and services available, on this portal may be provided by third party providers. Any services, opinions, offers or other information given or provided by third party providers are those of the respective providers of such content and services, and are not ours. In some instances you will be provided with notice that your access to and use of third party provider content and services is subject to a separate agreement and terms of use that you will be required to consent to with the third party provider of the applicable content and services. WE ARE NOT A PARTY TO THE AGREEMENTS OR TERMS OF USE YOU MAY CONSENT TO WITH SUCH THIRD PARTY PROVIDERS. Any separate agreement or terms of use to which You are required to consent with a Third Party Provider are in addition to these Terms. In the event of a conflict, the Third Party Provider terms and conditions will govern with respect to the content and services provided by the applicable Third Party Provider.

THIS PORTAL IS PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS. NO WARRANTY IS OFFERED FOR THIS PORTAL OR ANY THIRD PARTY PRODUCT. NEITHER WE NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY, ACCURACY, RELIABILITY, UPTIME OR UNINTERRUPTED ACCESS OR COMPLETENESS OF CONTENT ON THIS PORTAL AND ANY SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL, WRITTEN OR ELECTRONIC, STATUTORY, USE, FACT, OR OTHERWISE, WITH REGARD TO INFORMATION CONTAINED ON THIS PORTAL AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR SUBSIDIARY AND PARENT COMPANIES OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTY PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT IN ANY MANNER DIRECTLY OR INDIRECTLY FROM (1) THE USE OF OR INABILITY TO USE THIS PORTAL OR ANY SERVICES, CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU AS A RESULT OF YOUR USE OF THIS PORTAL OR ANY SERVICES, OR (3) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES OR DISTRIBUTION OF SERVICES THROUGH THIS PORTAL. IN THE EVENT THAT YOU SUFFER DAMAGES ARISING FROM YOUR USE OF THIS PORTAL OR ANY SERVICES, YOU MAY SEEK RECOURSE THROUGH YOUR EMPLOYER OR BENEFIT PLAN.

Links to Other Websites

This Portal may provide links to other websites that We think might be of interest to Users (“Linked Sites”). Links to other sites are provided only as a convenience to Users of this Portal. When You click on one of these links, You will be interacting with a third party’s website. These Linked Sites and their providers are not controlled by Us, and We are not responsible for the contents, services or the operation of any Linked Site. The inclusion of a link to a Linked Site does not imply any endorsement of such website. We have no responsibility for the information, content, products, services, advertising or other materials which may or may not be provided by or through a Linked Site. We encourage You to read the terms of use and privacy statements of these Linked Sites, as their policies may differ from those of this Portal.

Protecting Your Information

We utilize reasonable security technologies to protect Your confidential information. However, the security of this information depends on, among other things, the security of Your computer and the network it may be on, the security You use to protect Your confidential information, the security provided by Your Internet access services provider, the security of the means of transmission of data through the Internet and, more generally, on the effectiveness of the security technologies that are used to protect Your confidential information. Although We take reasonable security precautions regarding information transmitted to and stored on this Portal, due to the open nature of the Internet, We cannot guarantee that any information stored on Our servers, or transmitted to or from a User, will be free from unauthorized access, and We disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using this Portal, You acknowledge that You understand and agree to assume these risks.

If You contact Us by email, You should be aware that email transmission might not be secure. A third party could view information You send by email in transit. We will have no liability for disclosure of Your information due to errors or unauthorized acts of third parties during transmission.

If You are requested to send Us any sensitive personal information, such as Your username or password, in an email, on this Portal or otherwise, and You are uncertain whether such request is authorized by Us, please do not hesitate to contact Us.

In the unlikely event that We believe that the security of Your personal information in its possession or control may have been compromised, We may seek to notify You of that development. If a notification is appropriate, We will endeavor to do so as promptly as possible under the circumstances, and, to the extent We have Your email address, We may notify You by email. You consent to Our use of email as a means of such notification.

Modifications to this Portal and the Services

We may terminate, change, suspend or discontinue any aspect of this Portal or any Services, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of this Portal or any Services or restrict Your access to a portion or all of this Portal or the Services without notice.

Miscellaneous

These Terms constitute the entire agreement regarding this Portal and any Services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between You and Us with respect to this Portal or the Services. This Portal is operated from Our offices in the United States of America. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the subject provision, and the other provisions of these Terms shall remain in full force and effect.