Acceptance of the Terms of Use; Requirements for Use

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

• www.omig.com
• www.unitedmutualinsurance.com
• www.360access.omig.com or member.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 https://public.omig.com/privacy-policy/, 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. Your sole remedy is to stop using the Sites.

These Sites are offered and available to users who are 18 years of age or older. By using these Sites, you represent and warrant that you are 18 years of age or older. If you are not 18 years of age or older, you must not access or use the Sites.

CLASS ACTION WAIVER; JURY TRIAL WAIVER

ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY ACTION, OR ANY ACTION ON BEHALF OF THE GENERAL PUBLIC OR SIMILAR PROCEEDING (“CLASS ACTION”). TO THE FULLEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY WAIVE THE RIGHT TO BRING OR TO PARTICIPATE IN ANY CLASS ACTION IN ANY FORUM.  NEITHER AN ARBITRATOR NOR AN ARBITRATION PROVIDER SHALL HAVE THE AUTHORITY TO HEAR, ARBITRATE, OR ADMINISTER ANY CLASS ACTION OR AWARD ANY SORT OF RELIEF. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT ALL DISPUTES SUBMITTED TO A COURT SHALL BE RESOLVED BY A BENCH TRIAL WITHOUT A JURY REGARDLESS OF THE CAUSE OF ACTION.

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 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 Sites, 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 us immediately of any unauthorized use of your account.  We are not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password. You must comply with all applicable laws, including federal, state, and local laws and regulations.  You acknowledge that you access the Sites at your own risk.

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 us 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 us;
• 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;
• attack the Sites via a denial-of-service attack or a distributed denial-of-service attack;
• use the Sites in an illegal manner or in a way that violates any applicable law;
• invade the privacy of anyone else using the Sites;
• upload or use the intellectual property of another on the Sites without express written consent;
• interact with the Sites in a manner not outlined in these Terms of Use, including, without limitation, copying or duplicating, reproducing, distributing, transmitting, publishing, selling, posting, licensing, renting, modifying, translating, adapting, reverse-engineering, or creating derivative works of the Sites without our express written permission;
• post or transmit to or from the Sites any material that is infringing, threatening, defamatory, obscene, indecent, vulgar, sexually explicit, hateful, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or anything of the like;
• use the Sites in a manner that would constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
• frame or use framing techniques, mirroring or circumventing the navigational structure of any part of the Sites;
• upload misleading or false information to the Sites;
• create a competing website;
• harvest email addresses, names, or other website users’ personal data;
• spam or solicit on the Sites;
• engage in any conduct that we consider inappropriate, unauthorized, or contrary to the intended purpose of our Sites;
• create liability for us, in any form;
• harm our Sites, including, without limitation, introducing computer viruses, logic bombs, Trojan horses, worms, cancelbots, malware, ransomware, adware, harmful components, corrupted data or other malicious software or harmful data. You are also prohibited from using any deep-link, page-scraper, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any part of our Sites;
• attempt to or actually probe, scan or test our Sites’ vulnerabilities or breach the security of our Sites;
• provide, rent, lease, sublicense, or otherwise any commercial hosting service on our Sites;
• copy, modify, create derivative works from, display publicly, republish, store, transmit, frame, sell, resell, translate, broadcast, or distribute our Sites’ content without our prior written consent, except to: (a) store copies of the Sites’ content temporarily on your device(s), (b) store files that are automatically collected by your web browser for display enhancement purposes, or (c) print a reasonable number of pages of the Sites as long as you do not alter, modify, or remove any copyright notice in the Sites’ content; or
• use the Sites to impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Data or Content Involving Minor Children

We do not knowingly collect or store any data from those under the age of 18. You are prohibited from posting or uploading to our Sites or social media any information, photos, videos, or other media containing a person under the age of 18. We will remove from our Sites or social media any media containing a person under the age of 18, as soon as we learn of its existence. If you are a parent or a guardian of a child under the age of 18 and you believe we have collected, used, disclosed, or shared information about children under the age of 18, please contact us so we can take appropriate action.

Notice and Consent to Receipt of Text (SMS) Messaging

You may have the opportunity to receive SMS or “text” messages from us for the purposes of providing you informational or operational updates about services or products you may have requested. We may also provide you with information about our products and services.  In providing your mobile device number or cell phone number to us, you knowingly consent to such communications from us or for us to use your cell phone number or mobile device number in accordance with our Privacy Policy. You represent that you have the authority to agree to receive text messages at the telephone number that you provide to us, 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 us and as described in our Privacy Policy.

Not all mobile devices or handsets may be supported by this service. We 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 us.

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; we are under no obligation to update such information. We disclaim 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 our opinions or views, nor does the provision of links to these Sites comprise our endorsement of these third parties, their products, services or Sites. We disclaim 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 us, ours 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 and provide certification to us of such action. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and we reserve all rights not expressly granted to you. 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 us.

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

Career and Job Listing

We provide a link to an external site for our career and job listings. We make no representations about any external site. By using the career listing site, you promise that you will not provide any job application or resume for any person other than you and that all information you provide is current, accurate, and complete. Further, you understand that by submitting a job application, we are not obligated to hire or consider you for employment. You also understand that career listings are subject to change at any time, at our sole discretion and without notice to you.

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 our opinion or interests. 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 WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THESE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US 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 LINKED WEBSITES MAY CONTAIN ERRORS OR INACCURATE INFORMATION, AND WE DISCLAIM ANY LIABILITY FOR LINKED WEBSITES.

WE 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.

WE HEREBY DISCLAIM 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.

ALL ACTION TAKEN ON THE SITES ARE DONE AT YOUR SOLE RISK AND YOU ARE RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT OCCURS AS A RESULT OF ACCESSING OUR SITES.

Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.

Limitation on Liability

IN NO EVENT WILL WE OR OUR 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 THEM, 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.

IT IS YOUR SOLE RESPONSIBILITY TO VERIFY ANY INFORMATION ON THE SITES TO ENSURE ACCURACY, COMPLETENESS, AND CURRENCY BEFORE RELYING ON IT. WE DISCLAIM ANY LIABILITY FOR TERMINATED OR SUSPENDED ACCESS TO OUR SITES. WE ARE NOT LIABLE TO ANY THIRD PARTY FOR SUSPENDING OR TERMINATING YOUR ACCESS TO OUR SITES.

To the maximum extent permitted by law, this limitation on liability section includes, without limitation, death, personal injury, property damage, lost profits, goodwill, data or other losses, lost opportunity, failure of communication lines, telephone or other interconnections, unauthorized use or access to or alteration of your transmission of data, theft, operational errors, strikes or other labor problems, statements or conduct of anyone on the Sites, any force majeure event, viruses, deletion of files or electronic communication, or errors, omissions or other inaccuracies on the Sites or the content contained on the Sites, or your interaction with any of our personnel, whether or not we have been negligent or been advised of the possibility of any such damages.

To the maximum extent permitted by applicable law, in no event shall our total liability, for all damages, losses and causes of action arising out of or in connection with the Sites, the Terms of Use, the Privacy Policy, or your access or inability to access, the Sites, regardless of form of the action, exceed one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion of certain liabilities; therefore, some of the exclusions contained in this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless us and our 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.

Artificial Intelligence

We may use AI while providing the Sites for your use. We exclusively own all AI inputs and outputs, including those provided or made by you. We may use these inputs and outputs to train an AI model. We make no representations whatsoever that any AI use will function as designed, will work without errors, or will be available.

Data Disclosure

We reserve the right, at any and all times, to disclose any information that we deem necessary to disclose to comply with applicable laws, regulations, legal processes, governmental requests, investigation, or otherwise. We may disclose your information to identify, contact, or bring legal action against someone who may be causing injury or interference with our rights or property or the rights or property of other individuals or visitors to our Sites, or for any other purpose.

Social Media

We may provide links to social media accounts, solely for you to learn more about us. The views expressed on social media may not necessarily represent our views as the social media is owned by a third party. We may or may not review the content posted to our social media account by you. We reserve the right to remove any content you post for any reason or if we determine that it is offensive, inappropriate, or inconsistent with our goal or mission. We may work with social media sites to remove content and block users on social media. Our actions on social media are not an endorsement of any third party, product, service or otherwise. We may retain the right to reproduce and publish your content that you post to our social media. You are responsible for complying with the terms of use of any social media platform.

Designated Agent and Digital Millennium Copyright Act (DMCA):

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Sites, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”) (see 17 U.S.C. 512(c)(3) for further detail).

For your complaint to be valid under the DMCA, you must provide the following information in writing: (1) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work that you claim has been infringed (please include the applicable registration number(s) as applicable); (3) identification of the material that is claimed to be infringing and where it is located on the Sites (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright); (4) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not accurate, and that you are the copyright owner or are authorized to act on behalf of the owner or the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or its authorized agent, I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The above information must be submitted to the following DMCA Agent: Name: Copyright Agent Attn: DMCA Notice Ohio Mutual Insurance Company, 1725 Hopley Ave. P.O. Box 111, Bucyrus, OH 44820 or to communications@omig.com.  UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THESE REQUIREMENTS, YOUR DMCA NOTICE MAY NOT BE VALID.

Cookie Use

We may use various technologies to collect and store information when you use the Sites. This may include using cookies and similar tracking technologies, such as pixels and web beacons. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website during a future visit. We may include cookies on our Sites and use them to recognize you when you return to our Sites. You may set your browser so that it does not accept cookies, but the Sites may not function as intended if you do so. To access certain personalized features or the full functionality of our Sites, cookies must be enabled on your web browser.

Termination and Restriction of Access

In our sole discretion, we may terminate or suspend your access to the Sites for breach of these Terms. We shall not be liable for any losses or damages arising from any such termination of service. If we terminate these Sites, we may require you to destroy any materials obtained from the Sites and certify to us such action.

United States Use Only

We are based in the state of Ohio in the United States. We provide 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.

You agree to first attempt to resolve any good faith dispute by discussion or email. If no resolution is reached, then any action must be brought in a competent court in Ohio.

Waiver and Severability

No waiver by us 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 by us 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 us and you as a result of these Terms of Use or use of the Sites.  You may not assign these Terms of Use without our prior written consent. We may assign these Terms, in whole or in part, at any time.  Our performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our 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 us with respect to such use.

If any part of these Terms of Use 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 of Use shall continue in effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between us and you 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

If you think your privacy has been violated, or  have any concerns or issues with these Terms, the Sites, or any reports of infringement should be sent us at: communications@omig.com.