WELCOME

Welcome to the web site of KESA, The Kentucky Workers’ Compensation Fund (“KESA”). This web site provides information about KESA and the services it provides. This web site also provides, directly or through links, informational and other services to “Members” of KESA and to “Agents” who want to obtain coverage through KESA. Because this web site provides general information, and “Member” specific and “Agent” specific information and services, this web site contains pages that are accessible by the general public and pages that are only accessible by “Members” or “Agents”, respectively.

THE RULES

For KESA’s web site to function at its best, there are certain terms and conditions that govern the site. By using this site, you agree to be bound by the terms and conditions outlined below. This site contains links to several other sites that provide information and/or services, including but not limited to www.iiak.org, www.ncci.com, http://labor.ky.gov/dwc/, www.cdc.gov/niosh/homepage.html; www.nsc.org, and www.osha.gov. These links are provided for your convenience, and do not imply endorsement by KESA of the sites. These sites have their own rules and terms and conditions to which you should refer before using such sites. Also, because of the transactional nature of the “My InfoCenter” pages, these pages contain certain additional terms and conditions that are described below.

UPDATES AND AMENDMENTS

We may update and amend these Terms and Conditions from time to time by posting the modified version of the Terms and Conditions on this site. The modified version of these Terms and Conditions will automatically become effective with respect to you 5 days after it is first posted on the site. Your continued use of this site 5 days after the updated and/or amended Terms and Conditions have been posted or at any time after you have received e-mail notice of the updating or amending of the Terms and Conditions means you agree to be legally bound by the Terms and Conditions as modified. These Terms and Conditions were last modified as of October 2004.

ELIGIBILITY

This web site contains pages that are accessible by the general public and pages that are only accessible by Members or Agents, respectively. With respect to the Members-only and Agents-only pages, we have imposed the following procedures. First, you must be a “Member” of KESA or you must be an “Agent” registered with KESA to access the “My InfoCenter” pages. Second, as a Member or Agent, you must use your Client ID, your User ID and your password to access the applicable restricted pages of the web site. These procedures will help protect against unauthorized access by others of Members-only or Agents-only pages. If you are not a Member or an authorized Agent, you are not authorized to access the restricted pages of this site.

PRIVACY

KESA’s Web Site Privacy Policy is set forth in full at www.kesa.org under the Privacy Policy link and is incorporated into and made a part of these Terms and Conditions.

SITE AVAILABILITY

KESA may change, suspend or eliminate all or any aspect of this site at any time, including the availability of any service, feature or data, without notice or liability to you.

SYSTEM INTEGRITY

You agree to not use any software, scheme or device to interfere or attempt to interfere with the proper working of KESA’s site. If you are a Member or an Agent, you agree to not disclose or share your Client ID, your User ID or your password with any third parties or use your ability to access restricted pages of the web site for any unauthorized purpose.

COPYRIGHT AND USE OF MATERIALS

The information and materials on this web site are protected under United States copyright laws and world wide copyright laws and treaty provisions and are owned by KESA or other third parties. You may download a copy of any of the materials on this site for use by you in your own business, provided you do not delete or change any copyright or trademark notice. You must obtain the permission of KESA, and in some cases other third parties, to make any other use of the materials. You may not distribute, transmit, reuse, report or use the content of this site for public or other commercial purposes. In no case may you create any kind of hyperlink to or framing of this site without the prior written consent of KESA.

TRADEMARKS

“KESA”, “My InfoCenter”, and “We Keep Kentucky Working” are service marks of KESA and are protected under state and federal law.

NO WARRANTY

YOU AGREE THAT YOU USE THIS WEB SITE AT YOUR OWN RISK. ACCESS TO THIS SITE IS PROVIDED FREE OF CHARGE AS A COURTESY TO THE PUBLIC, MEMBERS AND AGENTS. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KESA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNLESS OTHERWISE SPECIFICALLY INDICATED, KESA MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, AND THESE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL KESA 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 THIS SITE, 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 KESA 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; KESA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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

INDEMNITY

You agree to defend, indemnify, and hold harmless KESA and its employees, agents, directors, officers, and members from and against any and all liabilities, claims, damages, and expenses (including, without limitation, attorneys’ fees and disbursements) arising out of your breach of these terms and conditions or infringement of the intellectual property rights of third parties.

COMPLIANCE WITH LAW

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site and any use of services provided through this site.

NOTICES

If you want to send us a notice in relation to these Terms and Conditions, you must send it by e-mail to the following address: kesasupport@kesa.org. We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to the most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three business days after the date of mailing.

GOVERNING LAW AND ENFORCEMENT

You agree that these Terms and Conditions are governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of our site, or of any services provided through our site, shall be an appropriate federal or state court located in Louisville, Kentucky. 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.

OFFENSIVE, LIBELOUS OR UNLAWFUL MESSAGES, COPYRIGHT AND OTHER RESTRICTIONS ON USE OF SERVICE

(a) No Offensive Content. You agree that you will not post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.

(b) No Illegal Material Or Encouragement Of Illegal Behavior. You agree that you will not post, transmit, promote, or facilitate through KESA’s web site the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.

(c) No Violation Of Copyright, Trademark Or Trade Secret Rights. You agree that you will not use the KESA site to publish, post, distribute or disseminate another's proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.

(d) No “Spamming,” Advertisements Or Chain Letters. You agree that you will not post, transmit, promote, or facilitate through KESA’s web site the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not post or transmit requests for money to persons not personally known to you, petitions for signature, chain letters or letters relating to pyramid schemes. You will not post or transmit any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.

(e) No “Hacking.” You agree that you will not unlawfully access other computers or services or cause a disruption of our service to other KESA online users.

(f) No Impersonation Of Others. You agree that you will not impersonate another user or otherwise falsify any other party’s user name in e-mail or in any post or transmission through KESA’s web site to any newsgroup or mailing list or other similar groups or lists.

(g) No “Viruses.” You agree that you will not intentionally transmit computer “viruses,” or other harmful software programs through KESA’s web site and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.

(h) No Data Collection. You agree to not harvest or otherwise collect information about others from this site, including, without limitation, e-mail addresses, without the consent of the person who is the subject of the information.

(i) KESA’s Right To Remove. KESA reserves the right not to post any data or materials to, or to remove any data or materials from, its site, without notice to a user and without liability to the KESA. You agree to release KESA from any claims or allegations that may result from such removal. Further, you agree to release KESA from any liability or cost arising out of any action or inaction of any other user of the site that is in violation of law or of this or other agreements with KESA.

COPYRIGHT INFRINGEMENT CLAIMS

If you have a good faith belief that your copyright has been infringed by any content on this web site, then please notify Gregory L. Buie, KESA’s Executive Director and Designated Agent for the Notice of Claims or Copyright Infringement under the Digital Millennium Copyright Act, who can be reached by mail at KESA, 200 Executive Park, Louisville, KY 40207 or by e-mail at gbuie@kesa.org. Please provide, in writing, the following information to Gregory L. Buie: a statement that you have a good faith belief that your copyright has been infringed and that the disputed use was not authorized by either the copyright owner, the agent of the copyright owner or by operation of law (e.g., fair use); a description of the copyrighted work that you believe has been infringed; a description of the location of the allegedly infringing material; your name, address, telephone number and e-mail address; a statement, made under penalty of perjury, that your notice of copyright infringement is accurate and that you are either the copyright owner or are a person authorized to act on behalf of the copyright owner.

MY INFOCENTER

As a KESA Member, you have the opportunity through KESA’s web site to electronically report an injury or illness and conduct other business with KESA online. Because there is always a risk that a communication is interrupted and not delivered, you understand that it is your responsibility to confirm that any submission or communication you have delivered online to KESA has been received. As a KESA Member, you will be able to review various types of Member specific information online. You agree that it is your responsibility to notify KESA of any errors in information to which you have access through this web site as soon as reasonably possible.

As a KESA authorized Agent, you agree to provide to KESA accurate information when requesting a quote for coverage. To the extent any information provided by you is incorrect or misleading, KESA has the right, at its option, to revoke KESA’s coverage or KESA’s offer to provide coverage to the authorized Agent.