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REVISED 4/2014

TERMS AND CONDITIONS OF USE AGREEMENT BETWEEN USER AND KEMI

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY KENTUCKY EMPLOYER'S MUTUAL INSURANCE ("KEMI") WEBSITE, KEMI SOFTWARE PROGRAM OR KEMI APPLICATION (COLLECTIVELY "KEMI ACCESS PORTALS"). BY INSTALLING, USING OR ACCESSING KEMI ACCESS PORTALS, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.

KEMI Access Portals are owned and operated by Kentucky Employers' Mutual Insurance ("KEMI"). Questions concerning any KEMI Access Portal or its operation should be directed to the contact points set forth at the end of these terms and conditions of use. Use of KEMI Access Portals is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions of Use"). Use of KEMI Access Portals is restricted to persons over 13 years of age. Your use of KEMI Access Portals and services constitutes your agreement to all Terms and Conditions of Use; if you do not agree to these terms, do not use KEMI Access Portals. You agree to familiarize yourself with the Terms and Conditions of Use and to abide by them if and when you use KEMI Access Portals. KEMI is free to revise these Terms and Conditions of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms and Conditions of Use periodically for changes.

In addition to the Terms of Use of this Agreement provided herein, by installing or using a KEMI software Program or KEMI application (collectively "KEMI Application") you are indicating your acknowledgement and acceptance of additional terms and conditions of the device manufacture, provider, or carrier for the Mobile Device (as defined below) on which you download, access or use the KEMI Application, which are not governed by this Agreement.

Information

The information provided by KEMI Access Portals is for general informational purposes only. Your insurance policy, and not the information provided by KEMI Access Portals, is the contract between you and KEMI. The insurance policy may contain information, terms, exclusions, endorsements, conditions, and limitations that may not be displayed by KEMI Access Portals. If there is a discrepancy between your insurance policy and information displayed by KEMI Access Portals, your policy controls. The information displayed by KEMI Access Portals does not change or alter your insurance policy with KEMI. Only the actual insurance policy can provide correct terms, language, coverage amounts, conditions, endorsements, and exclusions.

THIRD PARTY SITES

KEMI access portals may provide you with links to other websites, programs, or applications on the Internet (collectively "Linked Sites"). The Linked Sites are not under KEMI's control, and KEMI is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by KEMI or any association with the operators of the Linked Sites.

PROPRIETARY RIGHTS

You acknowledge and agree that the materials contained in KEMI Access Portals are protected by copyright, trademark and other proprietary rights and laws. You may download and print or save to your storage device or computing device materials obtained via KEMI Access Portals for your personal use only, provided that all copies you make of this material must include any copyright, trademark or other proprietary notice located on KEMI Access Portals which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from KEMI Access Portals for the purpose of creating a collection, compilation, database, or directory without KEMI's written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from KEMI Access Portals does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms and Conditions of Use. You may not mirror or archive any part of any KEMI Access Portal or any material provide by any KEMI Access Portal on any server or computer without KEMI's written permission.

PRODUCTS, SERVICES AND SOFTWARE

Downloading downloadable products from KEMI Access Portals does not give you title to such downloadable products, including, but not limited to, any files, documents, forms, software, data and images. Your use of any software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. The downloadable products available from KEMI Access Portals are copyrighted by KEMI or its owner. Downloadable products may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the downloadable products.

A description to a product, service or publication by any KEMI Access Portal (including any description or reference via hyperlink) does not imply endorsement by KEMI of that product, service or publication.

NO UNLAWFUL OR PROHIBITED USE

You agree not to use KEMI Access Portals for any purpose that is unlawful or prohibited by the Terms and Conditions of Use. You may not use any KEMI Access Portal in any manner that could damage, disable, overburden, or impair any KEMI Access Portal or interfere with any other party's use of any KEMI Access Portal or services. You may not seek by any means to obtain any materials or information through KEMI Access Portals not intentionally made available to you KEMI Access Portals. You shall not (i) reverse engineer, decompile or disassemble any portion of any KEMI Access Portal or tamper in any way with the operation of any KEMI Access Portal, or (ii) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, cancelbots or any similar device that may impair, damage or interfere with the proper operation any KEMI Access Portal.

LEGAL AGE

KEMI Access Portals are not intended for children under the age of 13. By using KEMI Access Portals, you affirm that you are at least 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions of Use and agree to comply with the Terms and Conditions of Use. If you are under 13, please do not provide submissions or otherwise use KEMI Access Portals.

SUBMISSIONS

You hereby grant to KEMI the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, or other information communicated to KEMI through KEMI Access Portals (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. KEMI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KEMI operations.

LICENSE

Subject to your acceptance and ongoing compliance with these Terms of Use, KEMI grants you a personal, non-exclusive, non-transferrable and limited license to install and use the KEMI Application on one authorized mobile device located in the United States and its territories or any other country to which this KEMI Application is being offered by KEMI for use, provided that all uses must be for personal purposes only and subject to the terms of any mobile application retailer where the KEMI Application was purchased or otherwise acquired, such as, but not limited to, the Usage Rules of Apple Inc.'s App Store Terms of Service (located at http://www.apple.com/legal/itunes/us/terms.html#service), the Terms of Service of Google, Inc.'s Google Play (located at http://play.google.com/intl/en_us/about/play-terms.html), or Microsoft's Terms of Use (located at http://www.windowsphone.com/en-us/store/terms-of-service ).

MOBILE DEVICE

By accessing and using the KEMI Application with your mobile phone, personal media player, slate computer, tablet computer or other mobile device (collectively "Mobile Device"), you acknowledge and agree that you may receive certain communications from KEMI (such as text messages and pictures, e-mails, or other electronic communications means, collectively "Mobile Communications"). By accessing and using the Application via your Mobile Device, you may incur fees from your mobile data provider or carrier, and you are solely responsible for the payment of such fees. If you choose to disclose information regarding your actual location (including location-related information provided by your mobile data provider or carrier, provider, or other third party applications), you acknowledge and agree that (1) such information may be made available to other viewers of such information and (2) KEMI is not responsible for the correctness of such information and any use of such information by third parties, including other users.

NO REPRESENTATIONS OR WARRANTIES

KEMI makes no representations or warranties that the KEMI Access Portals are free of defects, viruses or other harmful components. KEMI shall not be responsible for any damages or loss that may result from the hacking or infiltration of KEMI Access Portals or KEMI's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH KEMI ACCESS PORTALS AND YOU AGREE TO HOLD KEMI HARMLESS FROM, AND YOU COVENANT NOT TO SUE KEMI FOR, ANY CLAIMS BASED ON THE USE OF KEMI ACCESS PORTALS, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM KEMI ACCESS PORTALS.

The information displayed by KEMI Access Portals may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO KEMI ACCESS PORTALS IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, FORMS, DOCUMENTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH KEMI ACCESS PORTALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." KEMI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. KEMI MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH KEMI ACCESS PORTALS FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL KEMI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE KEMI ACCESS PORTALS, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KEMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; KEMI'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

If you are dissatisfied with any portion of any KEMI Access Portal or the associated services, your sole remedy is to cease using them.

INDEMNITY

You agree to defend, indemnify, and hold harmless KEMI and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys' fees and costs) arising out of your use of KEMI Access Portals, your breach of this agreement, or your infringement of the intellectual property rights of third parties.

TERMINATION

KEMI reserves the right to terminate your access to KEMI Access Portals or to any or all of its services at any time without notice for any reason whatsoever.

GENERAL

This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the Commonwealth of Kentucky or, if appropriate, the United States District Court for the Eastern District of Kentucky for the resolution of all disputes arising out of or relating to the use of KEMI Access Portals and the associated services. KEMI may assign this agreement, in whole or in part, at any time. This agreement coupled with the KEMI Privacy Policy constitutes the entire agreement between KEMI and the user with respect to KEMI Access Portals, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between KEMI and the user with respect to KEMI Access Portals.

KEMI's performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of KEMI'S right to comply with governmental, court and law enforcement requests relating to your use of KEMI Access Portals, or information collected by KEMI in connection with such use.

All rights not expressly granted herein are reserved exclusively and entirely to KEMI.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, and logos appearing in KEMI Access Portals are the property of KEMI or the party that provided the trademarks, service marks, and logos to KEMI. KEMI and any party that provided trademarks, service marks, and logos to KEMI retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in KEMI Access Portals.

All content provided by KEMI Access Portals whether provided by KEMI or through links to Linked Sites is the copyrighted work of KEMI and/or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of KEMI Access Portals may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of KEMI or the owner(s) of the Linked Sites.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from KEMI Access Portals. Despite any representations concerning privacy, KEMI reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of KEMI Access Portals may include additional or different terms relating to the use of personal information collected from such areas or pages.

KEMI SECURED ACCESS

KEMI Access Portals contain secured components of computer servers and systems operated by KEMI (collectively "KEMI Servers") that are accessible only to those who have registered and have been granted a user name and password by KEMI. Information contained within the secure components of KEMI Servers is confidential and proprietary.

These Terms and Conditions of Use provide the terms and conditions under which you will be granted access to secured components of KEMI Servers. These Terms and Conditions of Use are between KEMI and the Registrant, either the Agent or Policyholder and each authorized user ("you" or the "Account Holder"), logging onto any secured component of computer servers and systems operated by KEMI.

Access to secured components of KEMI Servers may be granted by use of KEMI Access Portals ("Secured Access"). KEMI has made a significant investment in developing KEMI Access Portals to better serve and assist its customers. KEMI Servers contain secured components that are accessible only to those granted a user name and password by KEMI or by an administrator designated by you. Information contained within the secure components of KEMI Servers is confidential, proprietary and/or non-public private information.

If you are registering for KEMI's Online Services, you must confirm that you have read and agree to be bound by the Terms and Conditions of Use by clicking "I agree" and typing your name where indicated.

If you do not agree with these Terms and Conditions of Use, please select "I do not agree" and you will exit the registration process. You should be aware, however, that the use of any KEMI Online Service, including our KEMI Access Portals, is subject to these Terms and Conditions of Use. The Terms and Conditions of Use will always be available for your review as a link at the bottom of the kemi.com home page and other kemi.com pages. If you click "I agree" and complete the information we will create an electronic record of your agreement to the Terms and Conditions of Use and you will be able to continue with the registration process.

Authorized Users

The Account Holder and all authorized users of the Account Holder are bound by the terms and conditions of these Terms and Conditions of Use.

Unauthorized Use of Registration

If you believe that someone has used your Registration information to access any KEMI Online Service without proper authorization, you must immediately notify KEMI at 1-800-640-5364.

User Name and Password

Access to the secured components of KEMI Servers is granted through a "user name and password." For security reasons, each authorized user accessing KEMI Servers by a KEMI Access Portal will be assigned a separate user name and password. Each user authorized by the Account Holder's designated administrator that is provided with a unique user name and password will be referred to as an "authorized user."

Designation of an Administrator

To ensure the security of KEMI Servers, the Account Holder shall designate an administrator. By designating an administrator, the Account Holder represents and affirms that such person is trustworthy to ensure the security, confidentiality, and integrity of information accessible over KEMI Access Portals.

The Account Holder's administrator is responsible for creating and maintaining all existing and new authorized user name(s) and password(s). In addition, the designated administrator shall have the rights to grant and revoke authority for the Account Holder up to, but not exceeding, the administrator's own rights.

The Account Holder may choose to allow KEMI to assist in changing passwords and adding authorized users but the Account Holder acknowledges and agrees that this does not in any way alleviate the Account Holder's responsibility for keeping its user name and password secure and current for only authorized users.

If the Account Holder later chooses to change administrators, the Account Holder's president, CEO, or designee must notify KEMI in advance in writing and include the new administrator's name, telephone number, email address, and fax number. A KEMI representative will contact the Account Holder's president, CEO, or designee on file and after authorization has been verified the current administrator will be inactivated and a new administrator will be created. Send change notices to: answers@kemi.com.

Security Obligations

Each administrator designated by the Account Holder is responsible for maintaining the security of all authorized user names, passwords, security, and active status for the Account Holder. The president, CEO, or designee of the Account Holder may send written requests to KEMI requesting changes to the designated administrator's user name, password and status. Only the administrator, president, CEO, or designee of the Account Holder may contact KEMI requesting additional secured features.

The Account Holder, through its designated administrator, is responsible to ensure that a user password is changed or inactivated if the security of the user name and/or password has been compromised. This is especially important when authorized users leave your employment either voluntarily or involuntarily. You the Account Holder and each authorized user agree to not share or disclose any passwords.

The Account Holder shall immediately replace its designated administrator promptly upon learning: (1) that the current administrator has given notice or been informed of his or her impending separation from service in your employment, (2) that the administrator has disclosed or granted access to a user name and password to someone who is not authorized for such disclosure or access; or (3) of any reason why an administrator may not be trusted to ensure the confidentiality and integrity of information accessible through KEMI Online Services or KEMI Access Portals.

If the Account Holder knows or has reason to believe that a present or past administrator has compromised password security then the Account Holder's president, CEO, or designee agrees to immediately designate a new administrator and change all authorized users passwords.

The Account Holder acknowledges that it is liable for the acts of its authorized users with respect to the security and access to the secure contents of KEMI Servers. Furthermore, the Account Holder understands and agrees that it is responsible for taking such steps as are necessary and proper to instruct its officers, directors, and employees regarding the terms of these Terms and Conditions of Use and Privacy Policy of KEMI Access Portals.

Term of Access

Each authorized user's access will remain in effect until either KEMI inactivates the user's access or the Account Holder's administrator inactivates the user's access. If KEMI inactivates the Account Holder's access, then authorizations for all authorized users for that organization will immediately expire.

Responsibility/Indemnification

Notwithstanding any other agreements between you and KEMI, you agree to assume any and all responsibility for the conduct of anyone using an authorized user name and password issued to you by KEMI or your administrator whether or not such conduct was authorized by you. You further agree to indemnify KEMI and hold it harmless from any claims, suits, or losses (including reasonable attorney fees) arising from:

(A) any unauthorized access to the secured components of KEMI Servers by you, any of your past or current authorized users, administrators, other employees or third parties employed by your organization;

(B) the use or disclosure of any private or confidential KEMI data, database, software, or information accessible over KEMI Access Portals by you, any of your past or current authorized users, administrators, employees, or third parties employed by you;

(C) any misconduct, errors or omissions by you, any of your past or current authorized users, administrators, other employees, or third parties employed by you;

(D) the misuse, failure to keep confidential or the disclosure of any password by you, any of your past or current authorized users, administrators, employees, or third parties employed by you;

(E) the failure to keep trade secrets, information subject to state or federal privacy laws (including common law), or other confidential data, database, software, or other information accessible over KEMI Access Portals, by you, any of your past or current authorized users, administrators, employees, or third parties employed by you; or

(F) your failure (including the failure of your past or current authorized users, administrators, employees, or third parties employed by you) to abide by any of these Terms and Conditions of Use.

Ownership, Access and Use

KEMI reserves the right to grant or deny access to secured components of KEMI Servers at its sole discretion. KEMI may elect to prevent or terminate access for any potential or current KEMI Access Portal user at any time. Access to the secured components of KEMI Servers is a privilege and not a right.

A password may be used only by the authorized user to whom it is assigned and only for legitimate and lawful business purposes consistent with these Terms and Conditions of Use. The Account Holder and any of its past or current authorized users, administrators, employees, or third parties employed by the Account Holder agree to abide by these Terms and Conditions of Use and to conduct itself and themselves in the use of KEMI Access Portals in a manner which: (a) comports with the highest standards for ethical business conduct; (b) complies with all applicable law; and (c) is not detrimental to KEMI. The Account Holder agrees to designate as authorized users or administrators only current employees who have read and agreed to be bound by these Terms and Conditions of Use. You agree not to make the content of secured components of KEMI Servers available to third parties, including (without limitation) insurance industry competitors of KEMI.

Confidentiality

KEMI information accessible over KEMI Access Portals is being made available hereunder for use only by and between you and KEMI, and only in furtherance of KEMI's business purposes, and is not to be used by or disclosed to third parties. Some information available by KEMI Access Portals may be confidential and non-public private information. You acknowledge that you are receiving such information and agree to treat such information as private and confidential and to handle such information in compliance with all applicable laws or regulations, now existing or hereinafter enacted. You agree to indemnify KEMI and hold it harmless from any and all claims, suits, or losses (including reasonable attorney fees) arising out of your use or mis-use of such confidential and non-public private information in a manner that is prohibited by all applicable laws and regulations, now existing or hereinafter enacted.

Termination of Secured Access

The Account Holder's administrator, president, CEO, or designee may terminate this Terms and Conditions of Use Agreement with respect to Secured Access at any time by providing notice of its election to do so in writing. At that point all user names and passwords will be inactivated.

This document was last revised on 4/2014

Unless otherwise indicated, all material on this website © 1997-2014 Kentucky Employers' Mutual Insurance.

All rights reserved.

 

 
 

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