Terms & Conditions

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/workersclaims, 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 web site, some 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 September 2014.

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 Members-only or Agents-only pages.  Second, as a Member or Agent, you must use your login and 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 login or 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” is a service mark of KESA and is 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.