EACCESS® User Agreement
Terms and Conditions
Welcome to the EMPLOYERS®
EACCESS web site. EACCESS is a valuable
resource provided to you by Employers Insurance Company of Nevada, Employers
Compensation Insurance Company, Employers Preferred Insurance Company and
Employers Assurance Company (together “EMPLOYERS”). This EACCESS User Agreement (“Agreement”) sets
forth the terms and conditions by which EMPLOYERS provides the information on
this web site to you, as well as the terms and conditions governing your use of
this site. IN CONSIDERATION OF EMPLOYERS PROVIDING YOU ACCESS TO AND USE OF
THIS LICENSED APPLICATION, THE SUFFICIENCY OF WHICH CONSIDERATION IS HEREBY
AGREED TO BY YOU AND EMPLOYERS, THE PARTIES FURTHER AGREE AS FOLLOWS:
By making use of the web site, you
accept and agree to be bound by the terms and conditions that appear here. The
terms and conditions are subject to updating at any time without notice.
Changes to the terms and conditions take effect when posted to the web site.
We may terminate, change, suspend or
discontinue any aspect of EACCESS, including the availability of any features
of the web site and/or your access to them, at any time in our sole discretion.
Scope
This Agreement covers your use of
EACCESS, EMPLOYERS’ proprietary web site.
Nothing in this Agreement grants you any proprietary rights in EACCESS
or any part of our web site, its methodology or the proprietary property
embodied in EACCESS.
Laws
and Regulations
Access to and use of this web site
are subject to applicable federal, state and local laws and regulations.
Copyright
Policy
All of the information on this web
site, including all text, graphics, software applications, video and audio
files and photos (collectively, "Content"), and all rights in the
pages and the screens displaying the pages, is owned by EMPLOYERS and its subsidiaries
or affiliated entities or their licensors, and is protected by copyright under
United States and foreign laws. Appointed agents and brokers in good standing
with EMPLOYERS may use and reproduce copies of this web site and its Content to
conduct the authorized business of EMPLOYERS.
If you are not an appointed agent or broker in good standing, you may
refer to, cite or print and use the Content for your personal, non-commercial
use as long as your copies retain all copyright, trademark and other
proprietary notices that appear on the original screens. You may not modify,
reproduce, copy, distribute, transmit, display, publish, sell, license, create
derivative works of or use any aspect of the web site or its Content for
commercial or public purposes or on any other web site or in a networked
computer environment or engage in any other redistribution or republication of
the Content.
Submissions
Other than bank account, credit card
and certain personally identifiable consumer information, all information that
you submit to EMPLOYERS via this web site shall be deemed and remain the
property of EMPLOYERS. We shall be free to use, for any purpose, any ideas,
concepts, know-how or techniques contained in information a visitor to this web
site provides to us through this web site. We shall not be subject to any obligations
regarding such information except as expressly indicated with respect to
personally identifiable consumer information in any consumer Privacy
Statement(s) contained within the web site, agreed to by the EMPLOYERS company
having the direct customer relationship with the person providing the
information or otherwise specifically agreed to in a separate writing or
required by law. You further recognize that we do not want you to provide, and
prohibit you from providing, any information or material to EMPLOYERS that is
defamatory, inaccurate, false, misleading, threatening, obscene, harassing, or
otherwise unlawful, or that incorporates the proprietary material of another
person or entity.
Trademarks
EMPLOYERS’ logo, EACCESS, America’s Small Business Insurance
Specialist and PrecisePay are registered trademarks of Employers Insurance
Company of Nevada. Other trademarks, service marks, trade names, logos, URLs,
domain names and icons ("Marks") appearing on this site, whether
registered or not, are owned by EMPLOYERS or its subsidiaries or affiliated
entities, or their licensors. You may not use any of the Marks without the
express written permission of EMPLOYERS or the third party owners of such
Marks. Please contact our Vice
President, Corporate Marketing at (775) 327-2677 should you desire to license
one of our marks.
UserID/Password
Use
While we cannot guarantee that
information transmitted through the Internet is secure, for certain types of
communications through this web site, EMPLOYERS may require the use of
available technologies or other precautions provided for your protection and/or
require you to use user identification information ("userIDs") and
passwords. If you have been assigned a userID for access to restricted sections
of this site, you are responsible for all activities executed under your userID
and are the only one who may use it. You are responsible for protecting your
userIDs and passwords from disclosure to third parties, and you are not
permitted to avoid the use of required encryption technologies. It is a
violation of these terms and conditions for you to allow another person to use
your userID and its associated password(s), use the userID and password
assigned to another person, or attempt to gain access to resources for which you
are not authorized. Accessing this web site without authorization or exceeding
authorized access is a serious breach of security and may constitute a criminal
act or civil violation of law.
Warranty
and Liability - Disclaimer
To the extent permitted by
applicable law, EMPLOYERS specifically disclaims all warranties with respect to
this web site or your use thereof. All information on the web site, including
but not limited to graphics, text and links to other sites, is provided
"as is" and "as available" and may be changed without prior
notice. We do not warrant the content, quality, condition, accuracy, adequacy
or completeness of this information. Other than as required by applicable
consumer protection law or insurance law, if any, in no event will EMPLOYERS be
liable for errors or omissions in this information or for any losses or
damages, direct, indirect, incidental, special or consequential resulting from
your use or misuse of, or reliance on, any such information. To the extent
permitted by applicable law, the information contained herein is provided
without warranty of any kind, express or implied, including but not limited to
implied warranties of merchantability, fitness for a particular purpose,
non-infringement and freedom from computer viruses or similar disabling
devices. You are responsible for evaluating the accuracy, completeness or
usefulness of any information, advice or other content available on this web
site
To the extent permitted by
applicable law, EMPLOYERS expressly disclaims any liability, whether in
contract, tort, strict liability or otherwise, for any direct, indirect,
special, incidental or consequential damages, losses or expenses arising in
connection with your use of or inability to use this site or any other web site
linked to this site, or in connection with any failure of performance, error,
omission, interruption, virus, defect, or delay in operation or transmission,
even if we are aware.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT SHALL EMPLOYERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE
OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF
THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EMPLOYERS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall EMPLOYERS total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the
amount of fifty dollars ($50.00). The foregoing limitations will apply even if
the above stated remedy fails of its essential purpose.
YOU ARE SOLELY RESPONSIBLE FOR ANY
AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR
USE OF THE LICENSED APPLICATION.
Hypertext Links To Third Party Sites
As a convenience to you, EMPLOYERS
may provide links to third party web sites, or permit third parties to link to
this web site. Because these other web sites are not under our control, we
cannot guarantee the quality, accuracy, timeliness or security of those web
sites. A link to or from another web site does not imply an affiliation between
EMPLOYERS and the third party site owner or an endorsement of the third party
site or any products or services that it describes. Your access to and use of
any other Internet sites linked to or from this web site is at your own risk
and we assume no obligation or liability in connection therewith. We may
disable a link at any time and will remove any link from this web site at the
third party site owner's request.
Products
and Services - Disclaimer
This web site does not amend, modify
or supplement any insurance policy. Consult the actual policy, your agent or us
regarding terms, conditions, coverages, exclusions, products, services and
programs which may be available to you. Your eligibility for particular
products and services is subject to final determination of underwriting
qualifications and acceptance by the EMPLOYERS’ underwriting company providing
such products or services.
This web site does not make any
representations that coverage does or does not exist for any particular claim
or loss, or type of claim or loss, under any such policy. Whether coverage
exists or does not exist for any particular claim or loss under any such policy
depends on the facts and circumstances involved in the claim or loss and all
applicable policy wording.
Unless otherwise specified, products
and services are available in the United States only. Information on the web
site may include references to products or services not offered in your state.
Variations in state law regarding the interpretation of insurance policies may
exist, and any statements of coverage scope or intent in this summary are
general in nature and are subject to change based on such variations.
Availability of coverage referenced in this summary may be dependent upon state
law, statute and/or regulations.
Information
for web users
When you visit employers.com, we
gather non-personally identifiable information about your visit, including data
such as the internet address of your computer, the type of browser you are
using and which web pages referred you to our website. We collect this
information so that we can analyze the use of our website and improve our
services and your experience. We use cookies and other similar technologies to
help improve employers.com. Cookies are small files that are stored on your
computer. EMPLOYERS does not store any personally identifiable information
about you in these cookies. Cookies help us track visits to our website and
learn more about how you are viewing and using our site. This allows us to
personalize your experience when you return.
Some areas of employers.com have
been designed to support popular social media websites. Some of these sites may
collect tracking data by leveraging cookies. EMPLOYERS does not directly supply
social media sites with any personal information.
EMPLOYERS does not control the
privacy policies of social media websites. Please visit these web sites to
review their privacy policies.
QuickPaySM
In certain circumstances, we offer our
policyholders the ability to pay their premium online by credit card through our
contractual relationship with CyberSource Corporation. We do not process,
collect or maintain any credit card information provided by you within our
system. When you are asked to provide
your credit card information for the payment of your premium, your credit card
information is entered onto a direct electronic feed to CyberSource. CyberSource is compliant with the Payment
Card Industry Data Security Standard ("PCI DSS") as a Level 1 service
provider. CyberSource has been compliant with PCI DSS since its inception in
2002. The electronic feed to CyberSource
is governed by CyberSource’s own privacy statement which you can review at http://www.cybersource.com/privacy.php.
International
Users & Choice of Law
This web site is controlled and
operated by EMPLOYERS from offices within the United States of America. We make
no representation that materials at this web site are appropriate or available
for use at other Filenames outside of the United States or that access to their
content from all territories is legal. You may not use the web site or export
the web site materials in violation of U.S. export laws and regulations. If you
access this web site from locations outside of the United States, you are responsible
for compliance with all local laws. This User Agreement shall be governed by
the laws of the United States and of the State of Nevada, without giving effect
to its conflict of laws provisions. You agree that the United Nations
Convention on Contracts for the International Sale of Goods shall not apply to
this Agreement, nor to any dispute or transaction arising hereunder or in
connection herewith. This Agreement constitutes the entire agreement between
you and EMPLOYERS with respect to your use of the EACCESS web site.
Termination
This Agreement is effective until
terminated by you or EMPLOYERS. Your rights under this Agreement will terminate
automatically without notice from EMPLOYERS if you fail to comply with any
term(s) of this Agreement. Upon termination of the Agreement, you shall cease
all use of the web site.
You agree that the web site contains proprietary content,
information and material that is protected by applicable intellectual property
and other laws, including but not limited to copyright, and that you will not
use such proprietary content, information or materials in any way whatsoever
except for permitted use on the web site. No portion of the web site may be
reproduced in any form or by any means. You agree not to modify, rent, lease,
loan, sell, distribute, or create derivative works based on the web site, in
any manner, and you shall not exploit the web site in any unauthorized way
whatsoever, including but not limited to, by trespass or burdening network
capacity. You further agree not to use the web site in any manner to harass,
abuse, stalk, threaten, defame or otherwise infringe or violate the rights of
any other party, and that EMPLOYERS is not in any way responsible for any such
use by you, nor for any harassing, threatening, defamatory, offensive or
illegal messages or transmissions that you may receive as a result of using any
of the web site.
Injunctive Relief
Because EMPLOYERS would be
irreparably damaged if the terms of this Agreement were not specifically
enforced, you agree that EMPLOYERS will be entitled, without bond, other
security or proof of damages, to seek appropriate equitable remedies with
respect to breaches of this Agreement, in addition to any and all other
remedies which EMPLOYERS may have under applicable laws.
Indemnification
You agree to indemnify and hold EMPLOYERS,
its parent, subsidiary and affiliated companies, its partners, contractors,
officers, directors, employees and agents harmless from all damages,
liabilities, losses, fines, penalties and expenses, including reasonable
attorney fees, arising directly or indirectly from your acts and omissions in
using the web site.
Inquiries and Notices
Any questions, complaints or claims
with respect to the web site should be directed to:
EMPLOYERS
10375 Professional Circle
Reno, NV 89521
or
CustomerService@employers.com.
Miscellaneous
This Agreement represents the
complete agreement concerning the license of this web site between you and EMPLOYERS
and supersedes all prior or contemporaneous agreements and representations
between you and EMPLOYERS regarding the same subject matter. If any provision
of this Agreement is held to be unenforceable for any reason, such provision
will be reformed only to the extent necessary to make it enforceable and the
remaining provisions of this Agreement will not be affected. If this Agreement
is translated into a language other than English, you agree that the English
version will prevail to the extent of any discrepancy in meaning between the
English version and its translation. You may not assign this Agreement or any
rights hereunder without EMPLOYERS’ prior written consent which may be withheld
in its sole discretion. USER HAS READ
THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ITS CONDITIONS.
