User Terms and Conditions

To register for our gateway, you must first read and agree to the following terms.

In consideration of the promises and covenants contained herein, Insurance Administrative Solutions, LLC (IAS), Lumico Insurance Company (Lumico) and the User agree as follows:

1. ACCESS TO COMPUTER SYSTEM

Subject to the provisions of this paragraph, IAS and Lumico shall allow agents to have user-controlled access to its web site, to access information related to policyholders covered under a Policy/Certificate. Such information may include:

  • Policyholder eligibility
  • Policy/Certificate benefits
  • Policyholder claim status
  • Agent balances and commissions information

For purposes of this Agreement, Policy/Certificate means any Policy/Certificate administered by IAS or Lumico. User's access to IAS's or Lumico's computer system shall be limited to Policies/Certificates designated by IAS or Lumico.

2. CONFIDENTIAL AND PROPRIETARY INFORMATION

User understands and acknowledges that any and all of IAS's and Lumico's information, data, or documentation accessed by user is considered confidential and/or proprietary (hereinafter referred to as "Confidential Information"). IAS and Lumico's Confidential Information includes, but is not limited to, information from programs, applications, database files, as well as any other data, documentation, literature and material on its computer system.

User shall at all times preserve the confidentiality of all Confidential Information and/or the proprietary system and shall not at any time, in manner or form, directly or indirectly, copy, disclose, duplicate, download, license, sell, reveal, divulge, transfer, publish or communicate, in whole or in part, any such Confidential Information and/or the proprietary system to any third party, except as provided below.

User agrees that it will only disclose the Confidential Information as required by the Policy/Certificate or as required by law.

User will require any person (i.e.: employee of the user) that is permitted by user to access Protected Health Information maintained by IAS or Lumico, to provide reasonable assurance that such person will comply with the privacy and security safeguard obligations of User, IAS and Lumico with respect to Protected Health Information maintained by IAS or Lumico.

3. REQUIREMENTS OF USERS

User agrees that all information, data, or documentation which he or she has access to under the terms of this Agreement is Confidential and/or Proprietary. The user agrees to be held accountable for maintaining the confidentiality of such information and that the duty of non-disclosure of confidential information extends both within and outside of the User's organization.

User agrees to be accountable for restricting access of Confidential Information to his or her officers, directors, and employees requiring access to the information based on business need.

User agrees that anyone who accesses IAS's or Lumico's computer information through user's computer system shall not share or disclose IAS or Lumico designated user passwords.

4. LIMITED USE

User agrees that it shall use the Confidential Information only to perform activities, as described in paragraph 1, with respect to policyholders covered under a Policy/Certificate and that it shall not, under any circumstances, use the Confidential Information to perform any other services other than those designated in this Agreement.

5. PROHIBITION AGAINST THIRD-PARTY ACCESS

User agrees that it will not act as an electronic "hub" or "switch" allowing any other third parties to access, via Internet or any other method, IAS or Lumico information systems through user's access path, as authorized under this Agreement, without prior written consent of IAS and Lumico.

6. VERIFICATION OF BENEFITS

User understands and acknowledges that any verification of benefits through IAS's or Lumico's information systems does not represent a guarantee of payment of such benefits. Benefits are subject to the terms and conditions of the Policy/Certificate.

7. INDEMNIFICATION

User will access the Confidential Information from IAS or Lumico and in accessing this information obtained by IAS or Lumico, user agrees to indemnify and hold harmless IAS and Lumico for damages, lawsuits, judgments, expenses, and attorneys' fees incurred by IAS and/or Lumico:

  • As a direct result of negligence, gross negligence, bad faith, dishonesty or criminal conduct on the part of user, its employees, its officers, or directors in the use of the aforementioned Confidential Information;
  • As a result of user releasing the Confidential Information to any third-party, or as a result of the user providing access of the information to an individual who does not have an important business need.

8. APPLICABLE LAW

This Agreement shall be interpreted consistently with all applicable federal and state privacy laws. In the event of conflict between applicable laws, the more stringent law shall be applied. This Agreement and all disputes arising from or relating in any way to the subject matter of this Agreement shall be governed by and construed in accordance with Florida law, exclusive of conflicts of law principles. THE EXCLUSIVE JURISDICTION FOR ANY LEGAL PROCEEDING REGARDING THIS AGREEMENT SHALL BE IN THE COURTS OF THE STATE OF NEW YORK AND THE PARTIES HEREBY EXPRESSLY SUBMIT TO SUCH JURISDICTION.

9. COMPLETE AGREEMENT

This Agreement constitutes a final written expression of all terms of the Agreement between IAS, Lumico and the user, and is a complete and exclusive statement of those terms and no representations, statements, or other Agreements, oral or written, made prior to the execution of this Agreement shall be valid. No addition to or modification of any provision of this Agreement will be binding upon IAS, Lumico or upon the user unless made in writing and signed by duly authorized representatives of IAS, Lumico and of user respectively. The user expressly acknowledges its understanding that this Agreement constitutes a Policy solely between the user, IAS and Lumico. The user further acknowledges and agrees that it has not entered into this Agreement based upon representations by any other person other than IAS and Lumico and that no person, entity, or organization other than IAS or Lumico shall be held accountable or liable to the user for any of IAS's or Lumico's obligations to the user created under this Agreement. This paragraph shall not create any additional obligations whatsoever on the part of IAS or Lumico other than those obligations created under other provisions of this Agreement.

10. TERMINATION

Either party may terminate this Agreement, with or without cause, upon written notice. If this Agreement terminates, user agrees that the terms, rights, duties and conditions contained in Paragraph 2 and Paragraph 7 shall survive the termination of this Agreement. The parties also agree that IAS or Lumico may terminate this Agreement immediately without notice, in the event user violates the terms of this Agreement.