By your use of the Service, you signify your assent to this Policy. If you do not assent to this Policy, you are not permitted to use the Service. By your use the Service following posted changes to this Policy, you signify your assent to those changes.
This Policy applies to the Service, which includes our website, https://www.kemi.com/, and its subdomains, our KEMI access portals, and all of the websites and internet properties owned or operated by us, regardless of the medium by which the Service is accessed by Users (e.g., via a web or mobile browser).
WHAT INFORMATION WE COLLECT
We are the sole owner of information collected through the Service. We collect several types of information from and about Users of the Service, including:
Personal Information: We may collect PII from you when you complete forms, navigate web pages, use the KEMI access portals, and in connection with other activities, services, features, or resources we make available through the Service. PII means any information that is linked or reasonably linkable to an identified or identifiable natural person. PII does not include publicly available information from government records, deidentified or aggregate information, or information excluded from the scope of applicable laws.
The types of PII we may collect, use, store, and disclose include the following categories of information:
|Category||Type of Information|
|Contact Information and Identifiers||First Name, Last Name, Age, Gender, Email, Phone Number, IP Address, Postal Address, Social Security Number, Federal Tax Identification Number, Policy Number|
|Financial Information||Credit/Debit Card Number, Expiration Date, Security Code, Payment History, Underwriting, Audit, and Claim Documents|
|Internet Browser Information and Activities||Browsing History, Referring and Exit Pages, Browser Information and Language, Search History, Operating System, Device Type, Mobile Device Identifiers, Interactions with the Service, including the KEMI access portals|
|Geolocation Data||Geolocation, Beacon Based Location, GPS location You may disable our use of certain internet identifiers and activities through your device or browser settings.|
Deidentified Information: We may collect (i) deidentified information and (ii) aggregate information which may not by itself reasonably identify you as the source when you navigate the Service (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law.
HOW WE COLLECT INFORMATION
The information we collect depends on what Users do when they visit or utilize the Service. We collect PII and Deidentified Information in various ways, including:
Directly from You: We collect PII when you voluntarily submit PII to us while completing forms on the Service and in connection with other activities, services, features, or resources we make available on the Service. The PII we collect depends on what you do when you visit or utilize the Service or how you choose to communicate with us.
Through Your Use of the Service: We may collect PII and Deidentified Information that your browser transmits when you use the Service. We may also collect Deidentified Information about how you access and interact with the Service through the use of automated tracking technologies, such as session cookies, persistent cookies, and web beacons.
A cookie is a small data file that is transferred to an internet browser, which enables the Service to remember and customize your subsequent visits. We may use session cookies to make it easier for you to navigate the Service. Session cookies expire when you close your browser. We may also use persistent cookies to track and target your interests to enhance your experience on the Service. Persistent cookies remain on your device for an extended period of time.
Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from the Service. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the Service may be limited and you may not be able to participate in several of the Service’s features. Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the Service that allow us to gather information about your browsing activities on the Service.
From Data Analytics Providers: We may collect PII and Deidentified Information about you from our data analytics service providers, such as Google Analytics, to help us measure traffic and usage trends for the Services and to understand more about the demographics and behaviors of our Users. To learn more about Google’s privacy practices, click here. To access and use the Google Analytics Opt-out Browser Add-on, click here.
From Third Party Service Providers: We may collect PII about you from other third parties whose privacy practices may differ from the practices described in this Policy. For example, service providers working on our behalf may collect PII from you to assist us in completing a transaction or handling a claim. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.
HOW WE DISCLOSE INFORMATION
We DO NOT sell, lease or otherwise share any PII or Deidentified Information about Users with or to any third-party companies or individuals; provided, however, that we may disclose Users’ PII and Deidentified Information to third parties for a business purpose as described below:
To Our Affiliates: We may disclose your PII and Deidentified Information to affiliates, including companies within the KEMI group.
To Service Providers: We may disclose your PII and Deidentified Information to third party service providers that assist us in completing transactions, handling claims, servicing policies, providing user support, communicating with Users, promoting our services, or otherwise providing support to us relating to the operation of the Service. We do not disclose PII to third party service providers for their own marketing purposes.
Law Enforcement, Safety, and Legal Processes: We may disclose your PII and Deidentified Information to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII and Deidentified Information: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.
Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII and Deidentified Information as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII and Deidentified Information pursuant to its own privacy policies, and those policies may be different from this Policy.
HOW WE USE INFORMATION
We may use Users’ PII for lawful business purposes to help enhance Users’ experience. These purposes include:
Providing the Service: We may use your PII to provide you with our products or services, maintain your account, service or change your policy, handle or process a claim, or complete a transaction.
Direct Marketing: We may use your PII to send you promotional materials. You have the right to opt-out of receiving direct marketing.
Customer Service and User Communications: We may use your PII to help us respond to your inquiries, questions, requests, and support needs more efficiently.
User Experience Personalization: We may use your information to personalize the Service to your interests and preferences. We may also use Users’ PII and/or Deidentified Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Service and our services. This will help us optimize your experience in the Service.
Business Optimization: We may use your PII and/or Deidentified Information to improve the content on our web pages, to customize the content and layout of our web pages, and in managing our everyday business needs. We may also use your feedback to improve the Service and our services. All of this is done with the intention of making the Service more useful for you.
Safety and Security: We may use your PII and/or Deidentified Information to promote the safety and security of the Service, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.
CONTROL YOUR PERSONAL INFORMATION
We strive to provide Users with access to their own PII that we maintain about them where possible. To view and change the PII that we have about you, you can log in to your account and follow the instructions on that webpage or contact us directly by sending an email to firstname.lastname@example.org.
In addition, if you do not wish for us to share your PII with any third parties working on our behalf to serve our customers, please let us know by sending your request to email@example.com. Please note that exercising these opt-out rights may limit your ability to receive the full range of our products and services.
Further, if you do not wish to receive promotional emails from us, please let us know by using the opt-out response device that can be found at the bottom of every email we deliver or by emailing us at firstname.lastname@example.org. Please be aware that although you may opt-out of promotional emails, we reserve the right to email you administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you. Should we ask for verification, the information you provide to verify your identify will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
We will make commercially reasonable efforts to respond to opt-out requests, account cancellation requests (if applicable), and handle requests to access, update, change, delete, or otherwise control your PII as quickly as possible.
CONFIDENTIALITY AND SECURITY
KEMI will use commercially reasonable efforts to ensure that no unauthorized parties have access to any of your PII. We restrict access to Users’ PII to those individuals and entities who need to know that information in order to provide products or services to you. We will use commercially reasonable efforts to train and oversee employees and those acting on behalf of KEMI to ensure that your PII will be handled responsibly and in accordance with this Policy. We currently maintain physical, electronic and procedural safeguards to guard your PII.
Communications with the Service, including the KEMI access portals, containing confidential information require that a “secure session” be established. Such communication between KEMI and its authorized users is encoded using Secure Sockets Layer (SSL) technology utilizing a minimum of 128-bit encryption. All information entered into KEMI’s online e-business applications database is stored in a secure location on KEMI’s internal network and KEMI takes commercially reasonable precautions to prevent access by anyone not authorized.
Please be aware that while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.
We believe that protecting the privacy of children is very important. The Service is not designed to attract individuals under the age of 18. In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not collect or store any personal information, even in aggregate, about children under the age of 18. If we discover we have received any information from a child under the age of 18 in violation of this Policy, we will delete that information immediately. If you believe that KEMI has any information from or about anyone under the age of 18, please contact us at the Contact Information specified below.
CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law permits Users of the Service that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
We will retain Users’ PII while they maintain an account with us or to the extent necessary to provide the Service. Thereafter, we will keep personal information for as long as necessary: (i) to respond to any queries from users; (ii) to demonstrate we treated users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete PII within a reasonable period after we no longer need the information for the purposes set out in this Policy.
The Service may contain links to various other websites or applications (“Linked Sites”). KEMI assumes no responsibility for the content or practices of Linked Sites accessed through the Service, and the existence of such Linked Sites should not suggest or imply any affiliation or endorsement by KEMI of the Linked Sites. KEMI is not responsible for the privacy practices of the Linked Sites. This Policy applies solely to information collected through the Service. We encourage you to be aware of when you leave the Service and read the privacy policies of Linked Sites.
DO NOT TRACK DISCLOSURES
Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. The Service does not honor these “do-not-track” signals.
We do not participate in bulk email solicitations that you have not consented to receive (i.e., “Spam”). We do not sell or disclose user lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third-party advertisers.
REVISIONS TO THIS POLICY
The Service is operated by KEMI, which may be contacted by e-mail at email@example.com or by regular mail at 250 West Main Street, Suite 900, Lexington, KY 40507.
Questions about this Policy should be directed to KEMI at firstname.lastname@example.org. Questions about our products or services should not be directed to this address and will not be replied to.
Please use this Contact Information only for legal and privacy matters. For all other inquiries, refer to the Contact Us section of our home page.
Unless otherwise indicated, all material on this website © 1997-2022 Kentucky Employers’ Mutual Insurance.
All rights reserved.
Secure Access Agreement
TERMS AND CONDITIONS OF USE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING OR ACCESSING ANY KENTUCKY EMPLOYERS’ MUTUAL INSURANCE (“KEMI”) WEBSITE OR KEMI SOFTWARE PROGRAM, INCLUDING THE KEMI ACCESS PORTALS (COLLECTIVELY, THE “SERVICE”). BY INSTALLING, USING OR ACCESSING THE SERVICE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE.
The Service, including the “KEMI Access Portals,” is owned and operated by KEMI. Questions concerning the Service generally or the operation of the KEMI Access Portals should be directed to email@example.com. KEMI may revise these Terms at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms periodically for changes.
In addition to the Terms provided herein, by installing or using the Service you are indicating your acknowledgement and acceptance of additional terms and conditions of the device manufacturer, provider, or carrier for the Mobile Device (as defined below) on which you download, access or use the Service.
The information provided by the Service is for general informational purposes only. Your insurance policy, and not the information provided by the Service, 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 the Service. If there is a discrepancy between your insurance policy and information displayed by the Service, including on the KEMI Access Portals, your policy controls. The information displayed by the Service 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.
These Terms constitute a legally binding agreement between you and KEMI. By using the Service, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Service manifests your agreement to be bound by these Terms each time you access the Service. If you do not agree to any of these Terms, do not use or access the Service.
THIRD PARTY SITES
The Service may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. KEMI does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that KEMI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. KEMI shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
KEMI grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Service, regardless of the medium by which the Service is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Service for your own personal, non-commercial use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
You acknowledge that your use of the Service is at our sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Service, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Service through the user’s account, where applicable. Following termination of this license, these Terms shall apply to the extent practicable. The Service is intended for use by those who are eighteen (18) years of age or older only. Any use of the Service by persons under 18 years of age will result in immediate termination of their use of the Service.
We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. KEMI is not responsible for these financial transactions, the security of your financial information with respect to these transactions, and any errors by the Payment Processor. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security.
By making payments through the Service, you agree to pay us—through the Payment Processor—all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all content provided on the Service, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of KEMI or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Service is either the property of KEMI or is used by us with the permission of its owner. The compilation of the Service is the exclusive property of KEMI and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with KEMI’s ownership of the Service and content.
The trademarks, logos, and service marks displayed on the Service are owned by KEMI and other third parties, and the Service’s trade dress is owned by KEMI. All trademarks not owned by KEMI are the property of their respective owners, and, where used by KEMI, are used with permission. Nothing contained on the Service may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. KEMI’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with KEMI’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Service.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Service, including any copyrighted or trademarked content. You may only use the materials and content on the Service as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Service is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
NO UNLAWFUL OR PROHIBITED USE
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Service or any of the content on the Service; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Service; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Service, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Service’s listings or content; (e) circumventing or attempting to circumvent the security of the Service; (f) interfering or attempting to interfere with the proper working of the Service or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm KEMI or users of the Service or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Service; (h) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Service, except as authorized by KEMI; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service; (k) using reports, content, electronic documentation, or other materials available on the Service to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts KEMI users to a third party; (m) making commercial use of the Service or any of its content; (n) using the Service to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.
From time to time, we may make available on the Service certain services, features, or sections that allow users to post or upload materials to the Service. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not KEMI, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Service, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Service, you hereby expressly grant KEMI a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
KEMI has no obligation to review, monitor, delete, or edit the Service, including user Content. However, you acknowledge and agree that KEMI has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that KEMI may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of KEMI, its affiliates, personnel, other users, and the public.
By accessing and using the KEMI Access Portals via your our mobile phone, personal media player, tablet computer or other mobile device (collectively “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 Service 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 the Service, the Kemi Access Portal, or KEMI’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND YOU AGREE TO HOLD KEMI HARMLESS FROM, AND YOU COVENANT NOT TO SUE KEMI FOR, ANY CLAIMS BASED ON THE USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THE SERVICE.
The information displayed by the Service, including the KEMI Access Portals, may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THE SERVICE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, FORMS, DOCUMENTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH SERVICE 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 SERVICE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.
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 SERVICE, INCLUDING THE 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KEMI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR INSURANCE PREMIUMS DURING THE PREVIOUS THIRTY (30) DAYS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. 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.
INDEMNIFICATION AND REMEDIES
You agree to indemnify, defend, and hold harmless KEMI and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Service; (b) Content you post or submit to the Service; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Service or any services offered in connection with the Service, do not agree with any part of these Terms, or have any other dispute or claim with or against KEMI with respect to these Terms or the Service, your sole and exclusive remedy is to discontinue using the Service.
KEMI reserves the right to terminate your access to the Service, KEMI Access Portals or to any or all of its services at any time without notice for any reason or no reason whatsoever.
CHOICE OF LAW AND VENUE
The laws of the Commonwealth of Kentucky shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Service, whether at law or in equity, must be brought in the Commonwealth of Kentucky or, if appropriate, the United States District Court for the Eastern District of Kentucky and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
These Terms, including any documents referenced herein, represents the entire understanding between you and KEMI regarding your relationship with KEMI and use of the Service, and supersedes all other agreements, express or implied, written or oral, between you and KEMI. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of KEMI.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. KEMI’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, KEMI has available all remedies at law or equity to enforce these Terms. KEMI shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and KEMI, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, arbitration, licensing, ownership, confidentiality, damage limitations, venue, jurisdiction, and indemnification.
KEMI ACCESS PORTAL ACCOUNTS AND SECURED ACCESS
The KEMI Access Portals, which are part of the Service, contain secured components of computer systems operated by KEMI that are accessible only to those who have registered and have an email address and password (“Secured Access”). Information contained within the Secured Access portion of the KEMI Access Portals is confidential and proprietary and/or non-public private information.
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.
Designation of Administrators: A policyholder or agent (“Designator”) will have the opportunity to designate an administrator (“Administrator”). By designating an Administrator, the Designator represents and affirms that the Administrator is trustworthy to ensure the security, confidentiality, and integrity of information accessible over the Service.
An Administrator may invite other administrators as well as registered users (“Registered Users”). A Registered User is anyone other than an Administrator who registers and has a unique email address and password. Each Registered User is responsible for creating and maintaining his/her email address and password.
Only current employees of a Designator who have read and agreed to be bound by these Terms may be Administrators or Registered Users.
Accuracy of Information: All Administrators and Registered Users agree and warrant that all information provided to KEMI through the KEMI Access Portals, including but not limited to any contact information and/or registration information for the account, is truthful and accurate. All Administrators and Registered Users further agree to maintain the accuracy of the account information and to inform us promptly of any changes to the account information, including but not limited to any changes to an email address.
Unauthorized Use of Registration: If you believe that someone has used your registration information to access any KEMI Access Portal without proper authorization, you must immediately notify KEMI at 1-800-640-5364.
Email Address and Password: For security reasons, each Administrator and Registered User accessing KEMI Access Portals will have a unique email address and password.
Security Obligations: All Administrators are responsible for keeping the account current. All Registered Users are responsible to ensure that a user password is changed or inactivated if the security of his/her email address and/or password has been compromised. This is especially important when Registered Users leave employment either voluntarily or involuntarily. Each Registered User agrees not to share or disclose any passwords.
The Administrator(s) is responsible for inactivating and/or removing an Administrator(s) when necessary to maintain the accuracy and security of the account. An Administrator shall immediately remove and/or replace an Administrator promptly upon learning: (1) that the 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 an email address 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 the KEMI Access Portals.
Term of Access: Each Registered User’s access will remain in effect until either KEMI inactivates the Registered User’s access or an Administrator inactivates the Registered User’s access. If KEMI inactivates the Designator’s access, then authorizations for all Administrators and Registered Users for that organization will immediately expire.
Responsibility/Indemnification: We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
Notwithstanding any other agreements between you and KEMI, you agree to assume any and all responsibility for the conduct of anyone using a registered email address and password 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:
- any unauthorized access to the secured components of KEMI Access Portals by you and, where applicable, any of your past or current Registered Users, Administrators, other employees or third parties employed by your organization;
- the use or disclosure of any private or confidential KEMI data, database, software, or information accessible over KEMI Access Portals by you and, where applicable, any of your past or current Registered Users, Administrators, employees, or third parties employed by you;
- any misconduct, errors or omissions by you and, where applicable, any of your past or current Registered Users, Administrators, other employees, or third parties employed by you;
- the misuse, failure to keep confidential or the disclosure of any password by you and, where applicable, any of your past or current Registered Users, Administrators, employees, or third parties employed by you;
- 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 and, where applicable, any of your past or current Registered Users, Administrators, employees, or third parties employed by you; or
- your failure (including, where applicable, the failure of your past or current Registered Users, Administrators, employees, or third parties employed by you) to abide by any of these Terms.
Termination of Secured Access: A Designator’s administrator, president, CEO, or other authorized designee may terminate these Terms with respect to its Administrators’ and/or Registered Users’ Secured Access at any time by providing notice of its election to do so in writing. At that point all applicable email addresses and passwords will be deactivated.
OWNERSHIP, ACCESS, AND USE
KEMI reserves the right to grant or deny access to the Service, including the KEMI Access Portals, at its sole discretion. Access to the Service is a privilege and not a right, and we have final discretion in granting accounts and reserve the right to reject users at any time, without explanation.
A password may be used only by the registered user to whom it is assigned and only for legitimate and lawful business purposes consistent with these Terms. All users of the Service agree to abide by these Terms and to conduct themselves in the use of the Service 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.
You agree not to make the content of secured components of the Service available to third parties, including (without limitation) insurance industry competitors of KEMI.
KEMI information accessible via the Service, including the 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 via the Service, including the KEMI Access Portals, may be confidential and nonpublic 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 misuse 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.
CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Service. Your continued use of the Service following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Service. If you do not agree to these revised Terms, do not access or use the Service.
Where required, KEMI may give notice to you by a general posting in the Service, by electronic mail, or by conventional mail to your address of record. You may give notice to KEMI by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Service, or your dealings with KEMI, please contact us at:
Kentucky Employers’ Mutual Insurance
250 West Main Street, Suite 900
Lexington, KY 40507
This document was last revised on 12/20/2022.
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