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Electronic Services Agreement

(Effective: 23-JUL-2015)

THIS ELECTRONIC SERVICES AGREEMENT (“Agreement”) is made between Missouri Employers Mutual Insurance, or any related or owned entity that may provide services through this website (collectively, “Company”) and any person, whether a producer or policyholder (each, a “User”), who completes the registration process to open an iNet account with Company and accesses and uses the interactive online services (“Service”), including but not limited to informational bulletins, Quick Quotes (if you are a producer), copies of loss runs, certificates of insurance, First Reports of Injury, Claims Detail and other online services that may be released by Company in the future.  Company and User are collectively referred to as the “parties.”

BY CLICKING THE ACCEPTANCE BUTTON AND ACCESSING OR USING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.  IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND USER MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.

1.                  Service Terms and Limitations

a.       Description.  The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties.  User’s access to the Service is licensed and not sold.  Subject to terms and limitations set forth in this Agreement, Company agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service solely for personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.

b.       Accessibility.  User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

c.       Equipment.  User shall be solely responsible for providing, maintaining and ensuring compatibility with the Service of all hardware, software, electrical and other physical requirements for User’s use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.

2.                  Limitations

a.       Security.  User shall be solely responsible for the security, confidentiality and integrity of all content that User receives, transmits through or stores on the Service.  User shall be solely responsible for any authorized or unauthorized access to User’s account by any person.  User agrees to bear all responsibility for the confidentiality of User’s password and all use or charges, if any, incurred from use of the Service with User’s password.

b.       Conflicts of Interest.  User shall advise Company immediately of all instances, that User has knowledge of, in which a designated person has a conflict of interest while being able to access the Service.  By way of illustration but not limitation, a conflict of interest can arise when a designated person has both access and has a claim for benefits either for themselves or their relatives or with an individual with whom they have a personal relationship   User agrees to disclose to Company the exact nature of the conflict of interest.  Company will make the determination as to whether or not the designated person will have access to the claim(s) and information in question.  Furthermore, User agrees to fully cooperate with Company and remain in strict compliance with this Agreement at all times up to and after the disclosure is made to Company.

c.       Privacy.  Company collects, stores and uses data collected from User in accordance with Company’s Privacy Policy

3.                  User Representations

User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth at Section 4; and (d) User has provided and will provide accurate and complete registration information, including, without limitation, User’s legal name, address and telephone number.

4. Electronic Delivery of Documents (For Producers Only)

Company may select certain insurance transaction documents for electronic delivery to a party. By accepting this agreement, User consents to electronic delivery of those insurance transaction documents which include: Audit Documents, Renewal Quote Documents, Renewal Notice Documents, Invoice Documents, Policy Issuance, Policy Change, Blank Memo, Request for No Loss Statement, First Reinstatement Letter, Second Reinstatement Letter, No Reinstatement Letter. User also acknowledges the right to withdraw consent and have such notice or documents provided in paper or other non-electronic form at no additional cost. User has the right to withdraw this consent as it relates to any or all documents or notices delivered electronically. Should User wish to obtain a paper copy at no additional cost, withdraw consent for electronic delivery of documents or notices, or change the electronic delivery contact information, User must contact Company’s Customer Service Department at 1-800-442-0593 or submit a written request to Customer Service at custsrv@mem-ins.com. Such consent will be withdrawn for the particular documents or notices as specified by User. User understands that the hardware and software required to view and retain documents or notices delivered electronically includes Acrobat® Reader® and by accepting this agreement, User has verified they have the software needed to access such information in an electronic form.

5.                  Prohibited Uses

User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, “spidering,” “screen scraping,” “database scraping,” sending chain letter or any other activity with the purpose of obtaining lists of users or other information; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Service for any purpose other than for which it is intended; (e) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (f) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (g) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (h) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (i) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

6.                  Termination

This Agreement is effective upon User’s acceptance and shall continue in full force until terminated.  Either party may terminate this Agreement for any reason upon prior notice to the other party. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to:  (a) remove or disable access to all or any portion of the Service; and (b) suspend User’s access to or use of all or any portion of the Service.

7.                  Confidentiality of Information.

As part of utilizing the Service, User may access certain confidential and proprietary business or technical information of Company, including policyholder information, private medical information and other confidential proprietary information (collectively, “Confidential Information”).  User agrees to preserve the confidentiality of all Confidential Information that is provided or obtained through its use of the Service, and shall not, without the prior written consent of Company, disclose or make available to any person (including through email or by posting on a website), or use for its own or for any other person’s benefit, other than as necessary in performance of its obligations under this Agreement, any Confidential Information.  User shall use a commercially reasonable level of care to safeguard its password and the Confidential Information against improper disclosure or use.  User shall be solely responsible for any damages claimed by an aggrieved third party or Company to have arise out of User’s disclosure of any Confidential Information. 

The parties acknowledge and agree that a breach of this Section by User will cause Company irreparable injury and damage.  User, therefore, expressly agrees that Company shall be entitled to injunctive and other equitable relief to prevent a breach of this Section by User or any of its representatives, and to secure its enforcement, in addition to any other remedy to which Company might be entitled. The parties expressly waive the posting of any bond or surety required prior to the issuance of an injunction hereunder.  However, in the event that the court refuses to honor the waiver of bond hereunder, the parties hereby expressly agree to a bond in the amount of One Hundred Dollars ($100.00).  Any and all remedies for the breach of this Section shall be cumulative and the pursuit of one remedy shall not be deemed to exclude any other remedy with respect to the subject matter hereof.

8.                  Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  USE OF THE SERVICE IS AT USER’S SOLE RISK.  COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE.  COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

9.                  Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.  IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES, IF ANY, PAID BY USER TO COMPANY HEREUNDER.  SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.  IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5.

10.                  Indemnification

User agrees to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to:  (a) User’s breach of this Agreement; (b) User’s use of the Service, including any data or work transmitted or received by User; (c) violation of User’s confidentiality obligations as set forth in this Agreement, and (d) any unacceptable use of the Service, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable under Section 4.

11.              Miscellaneous

a.       Independent Contractors.  The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

b.       Amendment.  Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting the amended terms on the website.  User should periodically review these terms and conditions.  User’s access to or use of the Service after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.

c.       Waiver.  No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.  No waiver shall be binding unless executed in writing by the party making the waiver.

d.       Severability.  If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

e.       Notice.  All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either parties’ last known post office, facsimile or e-mail address, respectively.  User hereby consents to notice by e-mail.  All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.

f.        Law.  This Agreement is made in and shall be governed by the laws of the State of Missouri without reference to conflicts of laws.

g.       Forum.  All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Missouri.  The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Missouri.  The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Missouri and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Missouri.

h.       Process.  The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested.  No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Missouri.

i.         Attorney’s Fees.  If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

j.         Headings.  The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

k.       Force Majeure.  If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, act of terrorism, acts of war or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

l.         Survival.  The terms and provisions of Sections 2, 3, 4, 5, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.

m.     Entire Agreement.  This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.