Online User Agreement
ONLINE USER AGREEMENT
Terms and Conditions
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITES.
This Online User Agreement (this “Agreement”), as may be periodically amended, is made by and between you (the “User”) and KELLY and describes the terms and conditions applicable for your use of the website and the related services (the “Sites”). The Sites are operated by KELLY or third parties on behalf of KELLY.
By using the Sites, you are deemed to have executed this Agreement electronically, effective on the date of your visit to the Sites, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your continued use of the Sites constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendment, and your affirmative consent to such use without withdrawing such consent.
Third Party Links.
The Sites may contain vendor links to sites on the Internet, which are owned and operated by third parties (the “External Websites”). Any links provided on the Sites to third party External Websites are for general informational purposes only and KELLY does not adopt or endorse any third party statements contained or presented on such External Websites nor is it responsible for the availability. To the extent that any of the Sites contain links to outside services and resources, the availability and content of which KELLY does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Your linking to other sites is at your own risk, and you agree to hold KELLY harmless for any damages that may occur from your linking to another site. Furthermore, KELLY does not represent or endorse the accuracy or reliability of any Content posted on or distributed through the Sites, including, without limitation, the medical library provided through WebMD, External Sites, company news, and/or any interactive calculators, and you acknowledge that any reliance upon such Content shall be at your sole risk.
Visitor On-Line Conduct.
By using the Sites, you agree that you will not engage in any improper use of the Sites, including, without limitation:
- You agree to use the Sites only for its intended purpose;
- You agree to use the Sites only for a lawful purpose, without violating any applicable law or regulation;
- You agree not to use the Sites for any purpose other than as provided in this Agreement, including, without limitation, advertising or soliciting funds or goods and services or soliciting users to join competitive online services;
- You agree not to impersonate or misrepresent your affiliation with any person or entity;
- You acknowledge that KELLY reserves the right to prohibit any conduct involving the Sites that it deems to be inappropriate;
- You agree not to disrupt the Sites;
- You agree not to interfere with or compromise the security of the Sites, or any computers, servers, accounts, networks, data, software and/or hardware associated with the Sites;
- You agree not to disrupt or interfere with any other visitor's use of the Sites;
- You agree not to attempt to obtain access to any portion of the Sites, any computer, server, account, network, software or hardware associated with the Sites, from which you are restricted;
- You agree that you are solely responsible for any actions you undertake while visiting this Sites and that you will comply with all applicable local, state, national and international laws and regulations applicable to the Sites and the Internet, including United States copyright and export regulations.
Access To And Use Of The Sites.
Accessing the Sites requires a live Internet connection and meeting the following Minimum System Requirements: SSL (Secure Socket Layer) compatible browser, such as current versions of Internet Explorer, Google Chrome or Firefox, or higher; current versions of Adobe Acrobat Reader. KELLY does not guarantee that use of the Sites will be continuous, uninterrupted, or error-free. You acknowledge and agree that access to the Sites may be unavailable from time to time through no fault of KELLY, including, without limitation, downtime due to regular maintenance performed by KELLY or its service providers, and that KELLY shall not be liable for any damages or losses caused by such unavailability. KELLY has the authority to grant or revoke your access privileges to the Sites. Furthermore, you agree not to access the Sites by any means other than through the interface that is provided by KELLY for use in accessing the Sites. You acknowledge that your use of any third-party programs in conjunction with the Sites is not covered by this Agreement and will be governed solely by the terms and conditions of the applicable third party license agreements.
KELLY may provide you with a mechanism to provide comments or questions (“Comments”) if you choose, about its offered services or use of the Sites. Users are advised against providing any personally identifiable information or protected health information in the Comments. You agree that KELLY may, in its sole discretion, use the Comments you provide to KELLY in any way, including in future modifications of the Sites or offered services and/or advertising and promotional materials relating thereto. By submitting Comments to KELLY on or through any of the Sites, you hereby grant KELLY a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to KELLY in the Comments for any and all commercial or noncommercial purposes. KELLY is and shall be under no obligation to respond to any of your or any other user’s Comments.
KELLY may modify this Agreement at any time, and such modifications shall be effective upon posting to the Sites. You are responsible for regularly reviewing this Agreement to ensure that you are aware of any modifications. Your continued access or use of the Sites shall be deemed your conclusive acceptance of the modified agreement.
As a condition of using the Sites, you agree to indemnify, defend and hold harmless KELLY and its affiliates, and their respective officers, directors, owners, agents, employees, information providers and licensors (collectively, the “KELLY Parties”) from and against any and all liabilities, expenses (including reasonable attorneys' fees) and damages arising out of third party claims resulting in connection with your use or alleged use of any of the Sites, including any use or alleged use of any of the Sites under your unique Internet protocol (IP) address by any person, whether or not authorized by you. You also agree, as a condition of using the Sites, to indemnify, hold harmless KELLY Parties from and against any and all liability, loss, damage, expense, fines, penalties and costs, including attorneys' fees, which the KELLY Parties incur in connection with or arising out of (i) your breach of or your failure to fulfill any obligation under this Agreement, or (ii) any negligence or misconduct by you.
Term and Termination.
Your agreement to this Agreement and/or your use of any of the Sites constitutes your binding acceptance of this Agreement and your acknowledgment that you have read and understood this Agreement. If at any time this Agreement, either in its current form or as modified, is no longer acceptable to you, you should immediately cease all of your use of the Sites and notify KELLY.
KELLY may provide notices to you via email, or through the Sites, or notice to your Employer by KELLY via certified mail, email, through the Sites, or facsimile transmission. Notice to your Employer shall constitute notice to each of its Employees. By registering with the Sites, KELLY reserves the right to contact you even after you are no longer a participating Employee or registered User. Notices to KELLY shall be made in writing and sent to:
Kelly & Associates Insurance Group, Inc.
C/O Nicholas P. Dunphy, Corporate Compliance Manager
1 Kelly Way
Sparks, Maryland 21152
Disclaimer Of Warranties;
Limitation Of Liability THE SITES AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS AND THE USER BEARS THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY. NEITHER KELLY NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, OR EMPLOYEES WARRANTS THAT ANY OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES KELLY, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, OR EMPLOYEES MAKE ANY WARRANTY AS TO THE RELIABILITY OF OR RESULTS TO BE OBTAINED FROM USE OF THE SITES OR THE CONTENT.
BY USING THE SITES, YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER KELLY NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE AGENTS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, OR EMPLOYEES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, WARRANTIES OF ACCURACY, ADEQUACY, TIMELINESS, AVAILABILITY, OR COMPLETENESS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE SITES, ANY CONTENT OR ANY PRODUCTS OR SERVICES DISTRIBUTED THROUGH ANY OF THE SITES, AND KELLY, THE THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, OR EMPLOYEES HEREBY EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. NEITHER KELLY NOR ANY THIRD-PARTY CONTENT PROVIDER WARRANTS THAT ANY SOFTWARE OR OTHER FILES MADE AVAILABLE FOR DOWNLOADING OR OTHERWISE DISTRIBUTED THROUGH THE SITES WILL BE FREE OF MALWARE, VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
NEITHER KELLY, ANY THIRD-PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, OR EMPLOYEES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY OF THE SITES OR THE CONTENT, WHETHER DUE TO INTERRUPTION OF ANY OF THE SITES OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF KELLY, ALL THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS, AND YOUR EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SITES, OR ANY CONTENT SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR UP TO A TOTAL OF $100. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT OR THE SITES OR CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONETARY DAMAGES.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
You agree not to reproduce, duplicate, copy, sell, resell, transfer, rent or exploit for any purpose the use of or access to the Sites or any portion of the Sites.
Governing Law and Jurisdiction.
This Agreement shall be governed by, construed in accordance with, and enforced under the laws of the State of Maryland, without regard to its conflicts of law provision. You irrevocably consent to bring any action to enforce or relating to this Agreement in the federal court in Baltimore City, Maryland, or state court located in Baltimore County, Maryland. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Sites, the Content, or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Relationship of Parties.
As a condition of using the Sites, you hereby acknowledge that no joint venture, partnership, employment, or other relationship, except those described herein, exists between you and KELLY as a result of this Agreement or use of the Sites. You also agree not to hold yourself out as a representative, agent, or employee of KELLY and KELLY shall not be liable for any representation, act or omission made by you.
If any provision or provisions of this Agreement are rendered by judicial process or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
This Agreement constitutes the entire agreement between you and KELLY with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Any rights not expressly granted herein are reserved.
Benefit and Assignment.
This Agreement is intended for the sole benefit of KELLY and you and does not create any third party beneficiary rights. You may not assign this Agreement, by operation of law or otherwise, and any assignment shall be considered null and void.
Use of Sites.
Your use of the Sites will be deemed acceptance of the above Terms and Conditions.
Last Updated: 10/14/15
The purpose of this Policy is to provide you, as an online user, with a complete description of what information we collect, how we use that information, and how you can access or correct your information. This Policy applies to all information collected or submitted on this website and any mobile applications (“Site”). This Policy is available on the homepage of the Site and at every login page where personally identifiable information may be requested. Use of the Site is also subject to the applicable Online User Agreement terms and conditions.
COMMITMENT TO SECURITY AND PRIVACY
Your privacy, and the privacy of the information provided, is important to us. We use reasonable care to protect your data from loss, misuse, unauthorized access, disclosure, alteration and untimely destruction. We grant access to personal information about you only to our employees, agents, affiliates and service providers so they can provide you with the necessary online services and support.
INFORMATION COLLECTION AND USE
What information is collected?
We limit the collection of personal information to the information that we need to administer and improve the Site, to provide our services to our customers, and to fulfill any legal and regulatory requirements. The type of information gathered by KELLY is entirely dependent upon your use of the Site.
There are three types of information gathered by KELLY: (1) Visitor Profile Data, (2) Registration Information, and (3) Personally Identifiable Information.
Visitor Profile Data. When you visit our website, Visitor Profile Data, such as your computer’s unique Internet protocol (IP) address, domain name, and the address of the website you came from upon visiting the Site, may be automatically collected to help us provide better Services and a more effective Site. Visitor Profile Data is gathered on an aggregate, anonymous basis, meaning no personally identifiable information is associated with it and thus does not contain information that individually identifies a visitor.
Registration Information. Although registration may not be required to use general portions of the Site, in order to visit certain areas of the Site, or to use certain services, you may be asked to provide Registration Information, such as your name, company name and email. If you decline to provide this requested information, our ability to serve you may be limited.
Personally Identifiable Information. Personally identifiable information includes data such as your name, street address, email address or telephone number. The Site only collects the personally identifiable information that you provide voluntarily.
How is aggregated, non-personal information used?
KELLY may use general, non-personal, statistical information from a Visitor’s Profile to determine information regarding the use of our Site and general information about our customers and their viewing preferences. KELLY may use this information in offering promotions to registered users, improving or customizing the content of the Site for a visitor, or directing certain type of information to a particular visitor. KELLY may share aggregate profile information (without individually identifying information) with third parties.
How is Personal Information Used?
We use the information provided on the Site to perform the services you request and send you information on related KELLY services. KELLY never uses or shares the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing with you an opportunity to opt-out or otherwise prohibit such unrelated uses. KELLY does not sell or rent personally identifiable information.
MODE AND PLACE OF PROCESSING USER INFORMATION
The processing of user information is carried out using computer and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In some cases, user information may be accessible to certain types of persons involved with the operation of the Site (administration, sales, marketing, legal, and/or system administrators) or appointed external parties (such as third party technical service providers, and/or hosting providers), if necessary.
User information is processed at KELLY’s operating offices and in any other places where the parties involved with the processing are located. User information is kept for the time necessary to provide the service requested by the user, or stated by the purpose outlined in this Policy.
Please be assured that the Sites are equipped with security measures to protect the information you provide us. KELLY processes user information in a proper method and takes appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of personal identifiable information.
Personal identifiable information collected by KELLY from our users, information generated by cookies and Google Analytics, and any third-party personally identifiable information provided by our users are stored in electronic logs behind our firewall and can be accessed only by approved KELLY personnel through password-protected administration sites. All KELLY personnel that have access through personal identifiable information are made aware of security practiced through regular training. KELLY
Protection of Personal Identifiable Information
The personal identifiable information that you provide us will not be shared, sold, or transferred to unrelated third parties without your prior consent, unless it is required by law or judicial order. If you supply personal identifiable information through an associated or affiliated website, the associate or affiliate may also have access to such information as allowed by law.
Protection of Email Addresses
KELLY does not share email addresses with unrelated third parties.
COOKIES AND GOOGLE ANALYTICS
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Cookies are in use on our site for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.
Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our Site. We then use the information to compile reports and to help us improve our Site.
Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.
Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our Site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.
THIRD PARTY PERSONALLY IDENTIFIABLE INFORMATION
KELLY may request that brokers or small businesses submit census data regarding the prospective covered employees in order to use rate quoting functions. Census data may consist of the prospective beneficiary’s name, gender, birth date, zip code of residence and workplace, marital status, and number of children. In addition, KELLY may request that brokers provide certain information about the medical condition of prospective beneficiaries that will be used in generating the requested rate quotations.
This information may be used for the purpose of generating rate quotations at the request of the broker or small business. This information is not shared with any unrelated third party, except when requests are sent by the user for rate quotes. Upon request, KELLY may retain a completed rate quotation incorporating the census data described above for further access by the requesting party.
You are responsible for any personal information shared through use of the Site that belongs to a third party. By sharing such personal information through use of the Site. you confirm that you have the third party’s consent to provide such personal information to KELLY.
Information from Children
This Site is a general audience website that is not targeted to children under the age of 13. This Site does not knowingly collect personally identifiable information from children under the age of 13. In order to comply with the Children’s Online Privacy Protection Act, we ask that you not provide personally identifiable information to us if you are under the age of 13. We urge parents and guardians to supervise their children’s website browsing.
KELLY monitors the implementation of the HIPAA Administrative Simplification regulations, and is committed to becoming compliant with all applicable provisions of such law.
When you as a company representative request information about services on our Site, we ask that you give us your company name, address, and phone number. We use this information to contact you and provide you with the materials that you have requested.
Users have the option to opt-out of receiving communications from KELLY. In order to opt-out of future communications or to modify current contact settings, please complete the form on THIS PAGE.
ACCESSING AND CORRECTING YOUR INFORMATION
Keeping your information accurate and up to date is very important. You can review or correct your account information by contacting a customer service representative at KELLY. If you are a registered user, you can make changes to your account information after you log in to the Site. Note that some information changes must be done through your employer.
SITE PRIVACY CONTACT INFORMATION
For questions about your privacy while using this Site, please use our "Contact Us" page. Please do NOT include any private health information in your email to us (this would include your social security number, financial information or health conditions).
At times, we may provide you with links to other websites operated by third parties. This Policy extends to this Site only and the information collected by this Site. We encourage our users to be aware when they leave our Site, and to read the privacy statements of third party websites to determine its website practices. Please be aware that KELLY is not responsible for the privacy practices of other websites
CHANGES TO POLICIES