Acceptance of the Terms of Use

These terms of use are entered into by and between you and Ohio Mutual Insurance Company (henceforth referred to as “Company“, “we” or “us“). Whether your use is as a visitor or registered user, the following terms and conditions (these “Terms of Use“) govern your access to and use of the following domains (the “Sites”) including any content, functionality and services offered on or through the Sites:

• www.omig.com
• www.360access.omig.com

Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at public.omig.com/public/privacy.cfm, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

These Sites are offered and available to users who are 13 years of age or older. By using these Sites, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Sites.

Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Sites

We reserve the right to withdraw or amend the Sites, and any services or materials we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or both Sites in their entirety, to users.

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites. You agree not to use the Sites in any way that violates any applicable federal, state, local or international law or regulation. Additionally, you agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the servers on which the Sites are stored, or any server, computer or database connected to the Sites.

User Account Responsibility

If you are given or create a password to access the Site, you are responsible for maintaining the confidentiality of your account and your password.  You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account.  The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Prohibited Uses

You agree that you will not:

• Use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of them;
• Attempt to gain unauthorized access to any account, computer systems or networks associated with the Company or the Sites;
• Obtain or attempt to obtain any materials or information through the Sites by any means not intentionally made available or provided by the Company;
• Use any robot, spider, or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or

Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Notice and Consent to Receipt of Text (SMS) Messaging

You may have the opportunity to receive SMS or “text” messages from the Company for the purposes of providing you informational or operational updates about services or products you may have requested. We may also provide you information about our products and services.  In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. You represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from the Company and as described in the Privacy Policy.

Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.

Use or Reliance on Information

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any of the information or content on the Sites may be out of date at any given time; the Company is under no obligation to update such information. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. These Sites may include content provided by third parties or links to Sites operated by third parties. Such content does not necessarily reflect the opinions or views of the Company, nor does the provision of links to these Sites comprise the Company’s endorsement of these third parties, their products, services or Sites. The Company disclaims all liability to you, or any third party, for the content or accuracy of any materials provided by any third parties.

Intellectual Property Rights

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on our Sites infringes your copyright or any other intellectual property or right, please contact the Company.

Questions regarding the use of any intellectual property provided on the Sites should be directed to Corporate Communications at communications@omig.com.

Linking to the Sites

You may link to our homepages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. Such third party Sites do not necessarily reflect the opinion or interests of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties on such Sites. If you decide to access any of the third party Sites linked to these Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

Disclaimer of Warranties

YOUR USE OF THESE SITES, THEIR CONTENTS AND ANY SERVICES OBTAINED THROUGH THE SITES ARE AT YOUR OWN RISK. THE SITES, THEIR CONTENTS AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THESE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THESE SITES, THEIR CONTENTS OR ANY SERVICES OBTAINED THROUGH THESE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THESE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THESE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THESE SITES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER SITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, any use of the Sites’ content, services, or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Sites.

Termination and Restriction of Access

In its sole discretion, the Company may terminate or suspend your access to the Sites for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.

Arbitration

At its sole discretion, the Company may require you to submit any disputes arising from use of the Sites, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.  By using the Sites, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Sites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

United States Use Only

The Company is based in the state of Ohio in the United States. The Company provides these Sites for use only by persons located in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries.

Governing Law and Jurisdiction

All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio. You agree that any cause of action brought by you arising from your use of the Sites must commence with one (1) year after cause of action accrues. Otherwise, any such cause of action is permanently barred. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Sites.  You may not assign these Terms without the prior written consent of the Company.  The Company may assign these Terms, in whole or in part, at any time.  The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by the Company with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Sites and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

Comments, Questions or Complaints

Any concerns or issues with these Terms, the Sites, or any reports of infringement should be sent to the Company at: communications@omig.com.